Constitutional Law Archives | Law and Other things

Right to Protest v. Right to Mobility: The Shaheen Bagh Case

On October 22, 2020 By Sahil Aggarwal In Constitutional Law, Explainer, Right to Protest

This article presents an account of the recent Supreme Court judgment in Amit Sahni v. Commissioner of Police and Ors. which answers a disputed question of drawing the balance between the right to protest and the protection of people’s public rights. The judgment has come in response to the Shaheen Bagh protests, and it directly affects the essential relationship between democracy and the voices of dissent within. Thus, it is important to dwell on the events and responses of the Courts and the members of the concerned community that finally led to this judgment.

The National Education Policy, 2020: Some Constitutional Concerns – Part II

On October 20, 2020 By Tanishk Goyal and Prannv Dhawan In Constitutional Law, Fundamental Rights, Legislation Analysis

In Part II of this 2-Part series, the authors outline the scheme of the National Education Policy, 2020 in light of the special constitutional provisions for minorities. They also divulge in the relationship between Part III and Part IV of the Constitution.

The National Education Policy, 2020: Some Constitutional Concerns – Part I

On October 19, 2020 By Tanishk Goyal and Prannv Dhawan In Constitutional Law, Federalism, Fundamental Rights

In Part I of this 2-Part series, the authors outline the scheme of the National Education Policy, 2020 in light of the special constitutional provisions for minorities. They also divulge in the relationship between Part III and Part IV of the Constitution.

Gandhian Constitutionalism: A Tale of Non-Violence and Decentralisation

On October 17, 2020 By Shivani Mody In Constitutional Law

In this piece, Shivani Mody discusses previous attempts of drawing a Gandhian constitution to understand what such a constitution would entail. She then provides reasons for the need for a Gandhian constitution in the present day context.

Unfreedom of Press in Jammu and Kashmir: Media Policy, 2020

On October 8, 2020 By Anushree Verma In Constitutional Law, Free Speech, Freedom of Press, Fundamental Rights

In this piece, the author analyses the Jammu Kashmir Media Policy, 2020 in the backdrop of abuse of power by the government in the valley and comments on the constitutionality of the Policy.

Same-Sex Marriage: Examining the Move towards Legal Recognition

On October 5, 2020 By Mariyam Mayan In Equality, Explainer, Fundamental Rights

This piece examines the recent move towards legal recognition of same-sex marriage and the petitions filed in different High Courts. it also elaborates on the divergent arguments made in favour of and against the same.

Why India Needs Shadow Cabinets

On October 3, 2020 By Sughosh Joshi In Constitutional Law, Governance, Parliament

This piece discusses why India should institutionalise Shadow Cabinets. The author highlights benefits of the system, and responds to some common criticisms against the same.

Dignity and Due Process under Siege by the Police

On September 29, 2020 By Rahul Machaiah In Constitutional Law, Fundamental Rights, Police Reform

The article analyses the awful practice of the police parading the accused before the media and compelling the accused to pose for photographs. The author argues that this induces shame, creates stigma and is a grave violation of dignity and due process, apart from being violative of the Supreme Court’s orders.

En Masse Suspension of Labour Laws vis-à-vis Ordinance Making Power and Fundamental Rights

On September 27, 2020 By Prakhar Raghuvanshi In Constitutional Law, Fundamental Rights, Labour Laws

In this article, the author analyses the validity of ‘ordinance-making’ in the country through the lens of the recent ordinances passed by the Uttar Pradesh government that curb various labour rights in the state. Furthermore, he also analyses the various fundamental rights violations associated with it.

Prashant Bhushan and Suriya: A Search for Natural Justice in Non-Contempt Proceedings

On September 25, 2020 By V.Venkatesan In Constitutional Law, Courts, Editor's Choice, Free Speech, LAOT 15, Madras High Court

In this post our Senior Editor V. Venkatesan writes about the contempt case against the actor Suriya.