Constitutional Law Archives | Law and Other Things

Summary – Basic without Structure? : The presidential order of 1954 and the Indo-J&K constitutional relationship

On January 20, 2021 By Zaid Deva In Constitutional Law, Jammu and Kashmir, New Scholarship

In this post the author summarizes his research article – “Basic without Structure? : The presidential order of 1954 and the Indo-J&K constitutional relationship” published in the Issue 2 of 2020 Volume of the Indian Law Review.

Right to Protest Judgment: Its Impact on Democracy

On January 17, 2021 By Jyotishka Guha In Constitutional Law, Right to Protest

In this piece, the author analyses the effect of the Supreme Court’s judgement in the Shaheen Bagh case on the right to protest safeguarded in any democracy.

Prof. Mark Tushnet’s response to India and Global Decline in Democracies

On January 15, 2021 By Professor Mark Tushnet In Comparative Law, Constitutional Law, New Scholarship

Ed Note– We are hosting an international blog symposium on India and Global Decline in Democracies as a part of our New Scholarship initiative. We will be discussing Professor Tarunabh Khaitan’s article, which he introduced here. More information on the symposium …

Chameleon Constitutions and Sri Lanka’s 20th Amendment

On January 11, 2021 By Dr. Dinesha Samararatne In Comparative Law, Constitutional Law, New Scholarship

Farm Laws: The Ayes have it! The Ayes have it!?

On January 10, 2021 By Gursimran K. Bakshi and Shrutika Pandey In Constitutional Law, Farm Bills

In this post, the authors argue that the recent Farm Bills are beyond the legislative competence of the union government, and the process of passage of these bills evaded parliamentary procedure.

The Forgotten Alternative to Addressing Caste Discrimination

On January 4, 2021 By Adithya Reddy In Constitutional Law, Discrimination

In this post, the author raises the question of what has led to the failure to annihilate caste. He investigates whether such a failure has taken place despite taking a constitutional approach or whether such a failure has taken place as a result of such an approach

Examining the legality of the NIA Act

On January 3, 2021 By Varun Garg In Constitutional Law, Criminal Law

In this post, the author examines the constitutionality of the National Investigation Agency with reference to the federal structure of the Indian Constitution.

Sub-Classification in reservations but what of Untouchability and discrimination flowing through SC/ST category?

On January 2, 2021 By Digvijay S. Chaudhary In Constitutional Law, Discrimination, Sub-Classification

In this post the author discusses the problem existent in the current categorisation of SC and ST groups. He also outlines possible solutions for the same.

Giving Form to a Shapeless Threat: Tarun Khaitan’s Work on Democratic Decay in India

On December 19, 2020 By Tom Daly In Comparative Law, Constitutional Law, New Scholarship, Religion

We are hosting an international blog symposium on India and Global Decline in Democracies as a part of our New Scholarship initiative. This post is the first response piece by Professor Tom Daly.

Introduction to the Roundtable Killing a Constitution with a Thousand Cuts: A Report from India

On December 16, 2020 By Tarunabh Khaitan In Constitutional Law, Webinar

We are hosting an international blog symposium on India and Global Decline in Democracies as a part of our New Scholarship initiative. We will be discussing Professor Tarunabh Khaitan’s article “Killing a Constitution with a Thousand Cuts: Executive Aggrandizement and Party-State Fusion in India” which focuses on the decline of Indian democracy with international scholars to facilitate a discussion on comparative constitutional law. In this post, Professor Khaitan introduces his article.