fundamental rights | Law and Other Things

Gig-Worker as The Archetypal Citizen-Subject

On June 4, 2022 By Amrita Vasudevan In Fundamental Rights, Governance, Labour Laws, Legislative Reform

Between 2019 and 2020 the Parliament passed four codes that re-organized the existing labour laws in India. The Code on Social Security, 2020, for the first time, introduced gig and platform-workers as distinct categories in …

Umar Fayaz Mir v. Union Territory of J&K: Analysing J&K High Court’s Delay in Disposing Habeas Corpus Petitions

On March 17, 2022 By Varun Ahuja In Criminal Law, Fundamental Rights, Jammu and Kashmir

Introduction On 29th December 2021, a Single Bench of the High Court of Jammu & Kashmir [“J&K High Court”] quashed the detention order of Umar Fayaz Mir on the ground that all documents relied upon …

The Standard of Assistance from Legal Aid Lawyers: An Indian Perspective – Response to Prof. Farzana Akter

On March 5, 2022 By Dr. Jeet Singh Mann and Pooja Tiwari In Criminal Law, New Scholarship, non discrimination

[As part of our New Scholarship section, we have been inviting discussants to respond to the public law-themed articles featured in Volume 5 the Indian Law Review. You can access all the posts in this …

The Standard of Assistance from Legal Aid Lawyers: An Indian Perspective

On February 20, 2022 By Mrityunjoy Roy and Saumya Khandelwal In Criminal Law, Discrimination, Equality, Fundamental Rights, New Scholarship

Subsuming Sexuality Rights within the Nation’s Progress (Part II)

On November 11, 2021 By Arti Gupta In Constitutional Law, Fundamental Rights, Human Rights, Sexuality Rights

In part II of this two-part series, the author delves into the question of how granting of sexuality rights is underlined by neoliberalism.

Subsuming Sexuality Rights within the Nation’s Progress (Part I)

On November 9, 2021 By Arti Gupta In Constitutional Law, Fundamental Rights, Human Rights, Sexuality Rights

In part 1 of this two-part series, the author analyses the flipside of the affirmation of sexuality rights, through an analysis of pictures depicting the performance of these rights.

Can Fundamental Rights Be Waived?

On September 12, 2017 By Vikram Raghavan In Constitutional Law, Fundamental Rights, Supreme Court of India

In a recent piece for Bar and Bench, Arvind Datar examines whether a fundamental right can be waived. I had long assumed that this question was settled in Basheshwar Nath’s Case. The Court declared, we learnt …

Privacy Hearings III: Recalibrating Rights for Digital Technologies (Guest Post by Ujwala Uppaluri)

On July 30, 2017 By Guest In Privacy, Supreme Court of India

This is the third post by Ujwala Uppaluri in the series on the ‘right to privacy’ hearings in the Supreme Court. You can read parts I & II here and here This case offers the …

The Privacy Hearings-II: Three Pathologies of Indian Civil Liberties Argument (Guest post by Ujwala Uppaluri)

On July 26, 2017 By Guest In Equality, Fundamental Rights, Privacy, Supreme Court of India

(This is the second post by Ujwala Uppaluri in a series on the ‘right to privacy’ hearings in the Supreme Court of India. The first post can be accessed here.) On Tuesday and Wednesday …

Article 19(1)(c) Amended

On February 26, 2012 By Abhinav Chandrachud In Uncategorized

The text of the 97th amendment to the Indian constitution, which makes the right to form cooperative societies a fundamental right under Article 19(1)(c) [now, the right to form “associations or unions or cooperative societies” …