Constitutional Interpretation | Law and Other Things

The Shaheen Bagh judgment and what it means for the right to protest in India

On November 18, 2021 By Padmavathi Prasad and Dharshini Sugumaran In Article 19, Constitutional Interpretation, Constitutional Law, Free Speech, Human Rights, Right to Protest

Summary- This article critiques the decision of the Supreme Court in Amit Sahni v. Commission of India (2020), regarding the constitutionality of protests in public sites. The authors argue the judgement is in stark contrast to international human rights and falls short of protecting the right to assembly in Article 19 of the Indian Constitution. [Ed note: This article has been written by Padmavathi Prasad & Dharshini Sugumaran, final year students from NUALS. The article has been co-edited & coordinated by Pranay Maladi from our Student Editorial Board.]

Addressing Intersectionality And Access To Justice: The Need For An Anti-Discrimination Legislation

On November 2, 2021 By Kavya Arora and Eishan Mehta In Constitutional Interpretation, Constitutional Law, Discrimination, Equality, Fundamental Rights, Legislative Reform

The present constitutional provisions that provide protection against different forms of discrimination fall short of recognizing and doing complete justice to the victims of intersectional discrimination. Therefore, an anti-discrimination legislation in terms of substantive equality, horizontal applicability and access to remedies is argued for.

An Introduction to the Vol. 31(2) of the National Law School of India Review

On August 21, 2020 By Dayaar Singla In Constitutional Interpretation, Constitutional Law, Legislation Analysis, New Scholarship

[Ed Note: We’re happy to report the release of Vol. 31(2) of the National Law School of India Review. This has been developed from NLSIR-Samvād: Partners Symposium conducted on December 9, 2018 titled “The Sovereignty-Rights …

Indian Journal of Constitutional Law, NALSAR releases Vol 9 (2020) | A Mélange of Scholarship on Indian and Comparative Constitutional Law Issues

On August 19, 2020 By Dayaar Singla In Announcements, Comparative Law, Constitutional Interpretation, Constitutional Law, Courts, Criminal Law, Federalism, Fundamental Rights, Judgment Analysis, Legislative Reform, New Scholarship, Scholarships, Separation of Powers

[Ed Note: We are happy to report the release of IJCL’s Vol. 9 (2020). This Volume of the Journal seems quite promising with 11 pieces in the form of 7 Articles, 2 Essays and 2 …

“Bois’ Locker Room” and the Limits of Our Constitutional Morality

On June 9, 2020 By Adithya Reddy In Constitutional Interpretation, Editor's Choice, Free Speech, Information Technology, Shreya Singhal

In early 2007, two female law students in America were targets of degrading comments on the site “AutoAdmit”, a discussion page meant for law students and lawyers. In her article on internet misogyny, Martha Nussbaum …

The Criminalization of PUBG in Gujarat: A Frivolous Affair?

On October 18, 2019 By Tanishk Goyal In Comparative Law, Constitutional Interpretation, Constitutional Law, Free Speech, Fundamental Rights, Madras High Court, Supreme Court of India

In our latest piece, the author highlights the criminalization of PUBG in Gujarat with special focus on Section 37(3) of the Gujarat Police Act, 1951. The author discusses this in the light of the Blue Whale precedent, while further drawing parallels between the deontological and consequentialist approaches to free speech.

Kashmir, the Constitution and Article 370: an Explainer

On August 8, 2019 By Chittkrishna Thakkar and Siddharth Sunil In Constitutional Interpretation, Constitutional Law, Editor's Choice, Explainer

This piece seeks to explain how Jammu & Kashmir’s constitutional status has changed in light of the recent developments and its possible repercussions

A U.S. – India Comparative Constitutional Law Debate by the U.S. Consulate General and Loyola College, Chennai [Sep 14]: Registrations Open

On July 17, 2019 By Law and Other Things In Announcements, Call for Applications, Comparative Law, Constitutional Interpretation, Constitutional Law

The U.S. Consulate General and Loyola College in Chennai jointly present “A Comparative U.S. – India Constitutional Law Debate,” an initiative that will deliberate on contemporary issues in the context of U.S. and Indian Constitutional …

Religious Denomination – Multiculturalism, Group Rights and the Constitution

On November 5, 2018 By Vivek Anandh In Constitutional Interpretation, Constitutional Law, Discrimination, Equality, Fundamental Rights, Judgment Analysis, Religion, Supreme Court of India, Women's Rights

This post analyses the Supreme Court’s attempt to reconcile its dominant liberalism/individualism based approach towards fundamental rights as against the group right claims under Article 26, in the recent Sabarimala verdict.

Sabarimala and the Essential Religious Practices Test

On October 31, 2018 By Vivek Anandh In Constitutional Interpretation, Constitutional Law, Discrimination, Equality, Fundamental Rights, Judgment Analysis, Supreme Court of India, Women's Rights

In this post, Vivek Anandh thematically analyses the important doctrinal conclusions on the ‘Essential Practices’ test and its discursive impact on the constitutional jurisprudence in the context of the Sabarimala Judgment.