Lately in Public Law | September ‘24

A fortnightly feature inspired by I-CONnect’s weekly “What’s New in Public Law” feature that addresses the lacuna of a one-stop-shop public law newsletter in the Indian legal space.

 

What’s New at LAOT

1. Vrinda Chaturvedi, The Election Commission or the ‘Elected’ Commission? (deals with the constitutionality of appointments to the Election Commision and the recent executive interference and its impact on the institution’s independence).

2. Kartikeya Misra, Appointment of DGP, from UPSC to the State Police Boards: A Federal Tightrope (examines the ongoing difficulties in appointing DGPs in India, with a focus on the worrying trend of State governments violating Supreme Court orders aimed at ensuring a stable and merit-based selection process).

3. Bharati Challa, Saranya Ravindran, Sohina Pahwah, LAOT Podcast No.6: The Third Way: In conversation with Rahul Matthan, (discusses his new book, The Third Way, exploring Digital Public Infrastructure, and other intersections of law & technology).

 

Lately in Academic Articles 

1. Arushi Bajpai, Akash Gupta, Akshath Indusekhar, Revisiting Criminal Law Bills: An In-Depth Critical Analysis of Bharatiya Nyaya Sanhita Bill and Bharatiya Nagarik Suraksha Bill, Statute Law Review (critically examines the newly introduced criminal law bills in India, including the Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita, highlighting drafting errors, colonial law remnants, and providing a detailed critique of the proposed reforms aimed at replacing the Indian Penal Code).

2. Akshat Agarwal, Supriyo and the Politics of Indian Family Law, Indian Law Review (analyses the Supreme Court of India’s ruling in Supriyo Chakraborty v. Union of India rejecting marriage equality, arguing that the decision reflects longstanding tensions in Indian family law regarding the State’s authority over family matters, particularly in the context of religious personal laws and debates over a uniform civil code).

3. Subcategorisation Debate in Context, Economic and Political Weekly (analyses the Supreme Court judgment in the Davinder Singh judgement addressing subclassification within SCs and STs, which has sparked controversy, with some viewing it as a step toward greater equity while others criticize it as divisive and a threat to reservation policies.)

4. Harshad Pathak, Reconciling Public Interest Litigation and India’s Investment Treaties, Indian Law Review (analyses the tension between India’s investment treaty obligations and its public interest litigation (PIL) processes, highlighting how PIL courts’ relaxation of procedural norms may conflict with treaty standards such as fair and equitable treatment).

5. Charru Malhotra & Udbhav Malhotra, Putting Interests of Digital Nagriks First: Digital Personal Data Protection (DPDP) Act 2023 of India, Indian Journal of Public Administration (analyses the DPDP Act 2023 aimed at safeguarding the privacy of digital nagriks and critically examines its implications, comparing it with global privacy laws, while recommending improvements to strengthen enforcement mechanisms and balance privacy with innovation).

6. Jaswant Singh and Dr. Haider Ali, “A Glance at the Misuse of Bail Provisions within the Legal Framework of India,” Journal of the Oriental Institute (analyzes the balance between ensuring justice and protecting individual freedoms within India’s bail provisions, discussing the constitutional basis under Article 21 and the judicial considerations in granting or denying bail, particularly in serious offenses). 

 

Podcasts:

In focus, The Hindu, What can be done to arrest the trend of democratic decline worldwide (discusses International Institute for Democracy and Electoral Assistance’s report on Health for democracy and the declining trend of democracy worldwide).

2. In focus, The Hindu, What are divorced people entitled to under Indian Law (discusses how exactly is a divorced person entitled to maintenance and whether there needs to be a fairer, more sensitive system for all involved).

3. Feminist Law, Abortion rights for incarcerated woman with Allison Herr (discusses the impact of the Dobbs decision on incarcerated women and how their right to abortion could be protected despite it).

4. Suhas Palshikar, the Times of India Podcast, When the Prime Minister Comes Calling  (explains the issues with the Prime Minister turning up at the Chief Justice’s residence for Ganeshotsav. He also explains the problem with judges and government employees talking about links with ideological organizations.

5. The Printpod, Let’s push for “One nation one police” too along with “One nation,one election” (discusses the need to have a uniform police system to strengthen Indian federalism).

6. Aparna Chandra, Women in Constitutions – The Indian Constitution with Aparna Chandra, Oxford Human Rights Hub (discuss the role and significance of women involved in the framing of the Indian Constitution).

7. Anish Gawande, Queerness is political, Anurag Minus One ( tries to unpack queerness alongside the intersection of class and caste privilege) 

 

Opportunity

1. Call for Chapters for Human Rights at the intersection of IP,Technology, and Emerging Global Issues by Bloomsbury and RMNLU. The last date for submission is 15 October, 2024.

2. Call for papers by Legal History Workship NLSIU Banglore. The last date for submission is 20 October 2024.

3. Call for Submission by GNLU SDRC ADR Magazine. The last date to submit is October 25.

4. Call for Submission by NLUJ Law Review blog. Submission is accepted on a Rolling basis.

Blogs

1. Aashkaa Jain and Tilakraj Chowdhury, The Karnataka Governor’s Sanction to Prosecute CM Siddaramaiah – Constitutional Issues, Indian Constitutional Law and Philosophy.

2. Kshetragna Pinnamraju, Putting the Genie Back in the Bottle – Revisiting Kaushal Kishore vs State of UP, Indian Constitutional Law and Philosophy.

3. Vasudev Devadasan, The Bombay High Court on Government Fact-Checking under the IT Rules (the Tie-Breaker), Indian Constitutional Law and Philosophy.

4. Rudraksh Lakra and Nidhi Jha, Eyes Wide Shut – the Supreme Court’s Refusal to Consider the Challenge to Arms Exports to Israel, Indian Constitutional Law and Philosophy.

5. Akshat Agarwal, One Giant Leap for Intersectionality: Analysis of M. Sameeha Barvin v Joint Secretary, Constitutional Law Society, National Law University Odisha.

6. Priyal Jain, Balancing Rights and Justice: The Constitutionality of Psycho-Analysis Tests, Constitutional Law Society, National Law University Odisha.

7. Shrishti Sharma, Challenging the Legality of Marital Rape in India: An International Human Rights Approach, Jindal Forum for International and Economic Laws.

8. Arudra Burra, Maria Giannacopoulos and Rishika Sahgal, Decolonisation and the Law (a three part series), Socio-Legal Review Forum.

 

This initiative was started by the Law and Other Things Student Team with the guidance of Surbhi Karwa and Anubhav Kumar.

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