(This is the second part of the post, where the authors make an argument regarding using the Unconstitutional State of Affairs doctrine to evaluate the legality and possible challenges to the...
In this two-parter, the authors discuss the impact of recent trends of bulldozing houses, speculated by observers to be politically motivated, on the rule of law. They suggest importing the...
In an order dated 19 September 2022, the Supreme Court for the first time in 42 years has referred issues relating to capital sentencing to a Constitution bench. Driven by the objective to revisit...
In this piece, the authors submit that Noel Harper judgment falls short in testing the impugned amendments to the FCRA on the doctrine of proportionality, inasmuch as the four-prong test of...
Ashwani employs textual and conceptual analysis of provision-specific exceptions to rebut Justice Harishankar’s arguments that the MRE forms a part of the main definition clause. He argues that the...
The phenolphthalein test is prevailingly used by the ACB for investigating a 'corrupt' public servant. However, the self-incriminating nature of the test attracts the vice of unconstitutionality...
Between 2019 and 2020 the Parliament passed four codes that re-organized the existing labour laws in India. The Code on Social Security, 2020, for the first time, introduced gig and platform-workers...
In this episode, Shanthan (Senior Analyst, LAOT) interviews Arvind Narrain, author of the recently published book "India's Undeclared Emergency -Constitutionalism and the Politics of Resistance". The...
[As part of our New Scholarship section, we have been inviting discussants to respond to the public law-themed articles featured in Volume 5 of the Indian Law Review. You can access all the posts in...
Introduction On 29th December 2021, a Single Bench of the High Court of Jammu & Kashmir [“J&K High Court”] quashed the detention order of Umar Fayaz Mir on the ground that all documents...