Constitutional Law | Law and Other Things

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.

Deterring private discrimination, constitutionally

On October 29, 2021 By Thulasi K. Raj In Article 15, Discrimination, Equality, New Scholarship

The Constitution recognises the threat of private discrimination, and prohibits it in its text. But what’s the right principle to detect it? Thulasi K Raj argues for the principle of ‘public service’, which goes further than linguistic and other interpretations of Article 15(2).

Demands for Structural Changes in the Supreme Court of India: A Historical Overview (Part 2)

On October 18, 2021 By Raghuveer R. Sattigeri In Constitutional Law, Instituional Reform, Judiciary, Supreme Court of India

In part 2 of this two-part series, the author examines the history behind the demand for the setting up of regional branches of the Supreme Court of India, and links it to present day empirical studies on the correlation between geographical proximity to the Supreme Court and disproportionate access to justice.

Demands for Structural Changes in the Supreme Court of India: A Historical Overview (Part I)

On October 18, 2021 By Raghuveer R. Sattigeri In Constitutional Law, Instituional Reform, Judiciary, Supreme Court of India

In part 1 of this two-part series, the author provides a historical overview of the demand for the institutional division of the Supreme Court of India into Constitutional and Appellate Courts and links it to the present context by making use of empirical findings.

Jammu & Kashmir Internet Restrictions Cases: Response by Sumeysh Srivastava

On October 16, 2021 By Sumeysh Srivastava In Article 19, Constitutional Law, Jammu and Kashmir, New Scholarship, Right to Internet

In this piece, Sumeysh Srivastava responds to Devdutta and Apar’s paper titled ‘Jammu & Kashmir Internet Restrictions Cases: A Missed Opportunity to Redefine Fundamental Rights in the Digital Age’.

Fair Trial in the Times of Tyranny?: A Case for Abolition

On August 27, 2021 By Ameya Bokil In Criminal Law, Fundamental Rights, New Scholarship

[Ed Note: Over the next few days, we shall be discussing Prof. (Dr.) Upendra Baxi’s article titled “Human Rights in the Administration of Criminal Justice: The Concept of Fair Trial” published in the Annual Journal of the National Human Rights Commission, Volume-19, 2020. This is the third response to the article by Ameya Bokil, co-founder of the Criminal Justice and Police Accountability Project. The introductory post and the links for responses from other commentators (Prof. Amita Dhanda & Prof. Jinee Lokaneeta) can be found here.]

Reading List on Pegasus Controversy

On August 13, 2021 By Pranjal Gautam and Shravani Shendye In Editor's Choice, Privacy, Reading list, Surveillance

This Reading List has been compiled by our Student Editors Pranjal and Shravani. We are grateful to our Senior Editor Chinmayi Arun for her inputs

Education Rights Trust v. Government of Karnataka: Need to Prevent Legislature from Diluting the Spirit and Object of the RTE Act

On August 3, 2021 By Kavya Arora In Fundamental Rights, Right to education

INTRODUCTION On July 14, 2021, the News Minute reported that admissions under the RTE Act in Karnataka have declined since 2019. One of the most prominent reasons suggested for this decline is Karnataka Government’s RTE …