Constitutional Law Archives | Law and Other things

Profession and Privacy: Critiquing the Surrogacy Bill

On September 20, 2020 By Vibha Nadig In Constitutional Law, Fundamental Rights, Privacy

In this article, the author critiques the proposed surrogacy law on the touchstone of fundamental rights. First,that commercial surrogacy is an occupation under Article 19(1)(g). Second, it argues that the Bill infringes on the right to privacy of individuals undergoing surrogacy.

NLAT 2020: Is it really wrong?

On September 12, 2020 By Darsan Guruvayurappan In Admissions, Discrimination, Editor's Choice, Equality

In this article, the author attempts to briefly respond to a few of the arguments raised against NLAT. First, that the CLAT Consortium has no authority to remove NLSIU from the Consortium, and second, that the arguments regarding inequality are misplaced.

Part II: NLAT: Lack of Transparency, Accountability & Other Concerns

On September 9, 2020 By Bhavisha Sharma and Dayaar Singla In Admissions, Discrimination, Editor's Choice, Equality

NLAT prima facie promises safety for all applicants as they can appear for it from their homes through an online interface. However, in this part, we shall analyze the mode and timeline of the examination to argue that contrary to the Notification’s claims, the examination is not fair, accessible or transparent.

Part I- NLAT: Can a Consortium Member have an independent test?

On September 9, 2020 By Bhavisha Sharma and Dayaar Singla In Admissions, Discrimination, Equality

This Part shall delve into the legality of NLSIU’s decision of having a separate entrance test, while continuing as a member of the Consortium of NLUs by examining the Bye-Laws and the Memorandum of Association (MoA) of the Consortium.

Response to ‘The Sound of Constitutional Silences: Interpretive Holism and Free Speech under Article 19 of the Indian Constitution’ by Arpita Sarkar

On September 8, 2020 By Arpita Sarkar In Constitutional Law, Equality, Free Speech, Fundamental Rights, New Scholarship

[Ed Note: As part of our New Scholarship Section, we have been inviting discussants to respond to specific articles. This Response Piece is part of a series of posts indexed here discussing the public law themed articles …

‘The Sound of Constitutional Silences: Interpretive Holism and Free Speech under Article 19 of the Indian Constitution’

On September 6, 2020 By Raghav Kohli In Constitutional Law

This blog post is a summary of the article titled ‘The Sound of Constitutional Silences: Interpretive Holism and Free Speech under Article 19 of the Indian Constitution’ published by the Statute Law Review (Oxford University Press).

Judicial Overreach and Basic Structure-II

On August 26, 2020 By Sholab Arora In Constitutional Law, Separation of Powers

This article argues that juridical orders shall be subjected to a Basic Structure Review. Part II extends the arguments given to subject ordinary laws and executive action to a Basic Structure Review to judicial orders.

Judicial Overreach and Basic Structure-I

On August 24, 2020 By Sholab Arora In Constitutional Law, Separation of Powers

This article argues that juridical orders shall be subjected to a Basic Structure Review. Part I traces case laws wherein ordinary laws and executive action have been subjected to a Basic Structure Review to set context for author’s argument.

Letter to Law Students on Obama’s DNC Speech: Finding the North Star of the Indian Constitution

On August 24, 2020 By Prof. (Dr.) Nigam Nuggehalli In Constitutional Law, Editor's Choice, Letters

In this letter Prof. Nigam invokes Obama’s DNC speech and emphasizes the importance of having faith in our Supreme Court while simultaneously critically questioning it, especially during the current times when he sees it as having gone wrong in Prashant Bhushan’s case.

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 …