Fundamental Rights | Law and Other Things

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.

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.

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.

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.

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 …

Orissa HC Judgment Highlights the Challenge of Protecting Privacy of COVID-19 Patients

On August 21, 2020 By Suman Bhattamishra and Rangin Tripathy In Constitutional Law, Editor's Choice, Fundamental Rights, Privacy

Profs. Rangin P. Tripathy and Suman Bhattamishra of analyse the Orissa HC judgment on privacy of Covid-19 patients and its application of the Puttaswamy decision to completely prohibit the disclosure of patients’ identity. They also critique the judgment for not attempting to establish a threshold of proportionality in relation to specific disclosures by the State.

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 …