Freedom of press vis-à-vis Trial by Media

A media shackled by the Government is a relic of the past. The contemporary media has been called the handmaiden of justice and the watchdog of society[1]. Philip K. Dick rightly said, ”Today, we live in a society where realities are manufactured by the media.” Often hidden under the garb of freedom of speech, mediaContinue reading “Freedom of press vis-à-vis Trial by Media”

Internet Shutdowns: A Constitutional perspective

Liberty and security have always been at odds with each other. The question before us is what do we need more, liberty or security? The pendulum of preference should not swing in an extremity of either of the direction so that one preference does not compromise the other[1]. Free speech has been an experiment fromContinue reading “Internet Shutdowns: A Constitutional perspective”

Indian Young Lawyers Association V. State Of Kerala (Case Analysis)

“The State is no position to be, nor should it become, the arbiter of religious dogma” Justice Iacobucci, Syndicat Northcrest v. Amselem[1] India is a secular country [2] where all religions have endowed with the freedom of religious practice as a major right under Article 25 and 26 of the constitution.[3] The questions of theContinue reading “Indian Young Lawyers Association V. State Of Kerala (Case Analysis)”

Religion and Women: Solving The Conflict

Recently, the Supreme Court in Shayara Bano v. Union of India[i] declared the ongoing practice of triple talaq unconstitutional. The Court further instructed the central government to make appropriate laws for this. Consequently, the Muslim Women (Protection of Rights on Marriage) Act, 2019 has been introduced by the government which even criminalizes this practice withContinue reading “Religion and Women: Solving The Conflict”

Constitutional Morality: A Critical Analysis

The Indian Constitution is a living document that consistently evolving whether by the judicial interpretation or by the introduction of different-2 legislations new dimensions of the constitution are being unfolded which conspicuously tends to uphold the majesty of the constitution. However, the common object of all these various developments of new constitutional dimensions is toContinue reading “Constitutional Morality: A Critical Analysis”

Racism- An Unfading Blot on The Indian Society

Racism, xenophobia, and prejudice is prevalent in India. It is an uncanny amalgamation of unconsciousness, prejudices, centurial-old traditions, and discriminatory methods in which communities are nurturing with the additional dining taboos based on the caste. India is always an enigma, a country so large that every state is similar to a different country with itsContinue reading “Racism- An Unfading Blot on The Indian Society”

Secularism in India

Secularism is the principle of separation of state from religion or religion institutions. It suggests keeping the two things totally apart. It is close to the Vedic concept of ‘Dharma Nirapekshata’ meaning the indifference of the state to religion. As per the Indian philosophy, it is also related to ‘Sarva Dharma Sambhava” i.e. the destinationContinue reading “Secularism in India”

The UP Ordinance: An Example of Executive Overreach?

In any democracy, institutions perform a multitude of functions like facilitating economic growth, adjudicating claims in a just and fair manner and maintain minimal political order[1]. However, the entire system of party politics, much like legal systems, acknowledges precedents (albeit informally) which set limits for future actions. One such precedent regarding delimiting executive and judicialContinue reading “The UP Ordinance: An Example of Executive Overreach?”

Right to Internet as a Fundamental Right

Right to the Internet in the International Forum In 2011, the United Nations Human Rights Council (UNHRC) adopted a report of the Special Rapporteur, Mr. Frank La Rue on the Promotion and Protection of the Right to Freedom of Opinion and Expression[1]. The report stressed the importance of universal access to the Internet and itContinue reading “Right to Internet as a Fundamental Right”

Constitutionality of The Ninth Schedule

Articles 13 and 31-B in Part III of the Constitution are arguably the most contradicting laws of the Indian Constitution. Article 13 precludes the state from formulating any law which takes away the rights of the individuals and proclaims that any law made in contravention of this clause shall, to the extent of the contravention,Continue reading “Constitutionality of The Ninth Schedule”

Continuing Mandamus and Environmental Law in India

The right to a healthy environment being a Third Generation Human Right is neither a Fundamental right nor a Constitutional right enforceable by law. Though the Constitution of India imposes a duty on its citizens to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures[1],Continue reading “Continuing Mandamus and Environmental Law in India”

Judicial Response to the Pandemic: A Step In The Right Direction?

“Access to justice cannot suffer in a lockdown, whatever be the circumstances” ­-Hon’ble Justice Dr. D.Y. Chandrachud[1] It won’t be wrong to say that this pandemic has highlighted the weak links in our justice system. A year ago, when the COVID Pandemic was not a conceivable threat, Hon’ble Supreme Court Justice Shri. Sharad Bobde wasContinue reading “Judicial Response to the Pandemic: A Step In The Right Direction?”

LGBTQ+ In India: What Changes Did Scrapping S.377 Bring?

Culture, Religion, Customs, Traditions, Beliefs, Honor, Respect, Teachings are some concepts that hold immense importance in Indian Society. As much as there are positives for that, there are negatives impacts of it in society. Individualism, freedom, acceptance and equality are aspects that many groups are fighting for. In a country where arranged marriages still holdContinue reading “LGBTQ+ In India: What Changes Did Scrapping S.377 Bring?”

Reservation Laws in India

Reservation is a policy of the government that enables people from the socially and educationally backward classes, namely Scheduled Castes, Scheduled Tribes, Other Backward Classes and Economically Weaker Sections, to gain access to seats in educational institutions, both government and private, in government jobs and legislatures to some extent. Its enforceability is placed in theContinue reading “Reservation Laws in India”