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”

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”

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”

Critical Analysis of Right to Information Act, 2005

Right to Information Act, 2005 (RTI Act, 2005) was enacted in India in replacement of Freedom of Information Act, 2002. It was enacted on the grounds of fundamental rights of citizens of India where under Article 19 of the Constitution of India, 1950, Right to Freedom of Speech and Expression is mentioned. Therefore, the rightContinue reading “Critical Analysis of Right to Information Act, 2005”

Elusive Uniform Civil Code

India is one of the most diverse nations in the world. It is known for the varied religious ethnicity and the deep cultural beliefs in its long-lived practices. India is widely known for its cultural values and heterogeneous society. Apart from being a multi-religious and multilingual state, India is a secular[1] country i.e. it propagatesContinue reading “Elusive Uniform Civil Code”

Position of Fundamental Rights In Re Of The Proportionality Test

‘We the people of India’ are guaranteed some fundamental civil and political rights to safeguard individual liberty and equality under the constitution. Under part III of the constitution, six fundamental rights are given to the citizens laid down from Article 14 to 35.[1] These rights are essential to ensure social, economic, and political justice andContinue reading “Position of Fundamental Rights In Re Of The Proportionality Test”

Data Protection Laws in India: Analysis of the Personal Data Protection Bill, 2019 in line with the IT Act, 2000

Just dial, Yahoo[2], Microsoft[3], Google, Whatsapp, Adobe[4], LexisNexis[5], Catha way, LinkedIn, Grindr, Uber[6], Twitter and Sony[7] These are the names of some tech giants globally who collect and store loads of data on their servers. But did you know that the data on their servers has been prey to data breach numerable times making vulnerableContinue reading “Data Protection Laws in India: Analysis of the Personal Data Protection Bill, 2019 in line with the IT Act, 2000”

The Tussle Between Fundamental Rights and Duties

The Charter of Fundamental Rights is contained in Part III (Articles 12 to 35) of the Indian constitution. The development of our constitution was inspired by historical events of huge importance such as the British Bill of Rights (1689), the US Bill of Rights  (approved September 17, 1787, final ratification December 15) and the DeclarationContinue reading “The Tussle Between Fundamental Rights and Duties”

Enforcement of Directive Principles of State Policy – A Perspective

India, after its independence from years of colonial rule, was looking to establish itself as a country which had its foundational structures strong. As a country, the founding fathers of the nation wanted to govern the nation with a set of rules and regulations that were supreme to undo the years of social and economicContinue reading “Enforcement of Directive Principles of State Policy – A Perspective”

Rights of Minorities in India- A Theoretical Reality?

Fundamental Rights have had an important place in the life of an Indian citizen throughout his/her life which gives the power or the privilege to live freely in a country as well as move around. Fundamental rights remain to be universal but these rights are cultivated with a classification that has distinguished and has becomeContinue reading “Rights of Minorities in India- A Theoretical Reality?”

Animal Rights and Experimentation in India

“The greatness of a nation and its moral progress can be judged by the way its animals are treated”. – Mahatma Gandhi In today’s world, there are many instances where it can be seen that animals are being beaten to death, stoning of stray dogs, hunting of animals just for fun or shooting birds etc.Continue reading “Animal Rights and Experimentation in India”

Mental Health in India

‘A healthy mind resides in a healthy body’ – is something all of us have been hearing since childhood. While we are conscious of the importance of physical health, most of us very conveniently ignore the ‘mental health’ aspect and do not see it as a matter of serious concern. A WHO study revealed thatContinue reading “Mental Health in India”

Fundamental Rights and Directive Principles – Coexistence or Friction?

Fundamental Rights in the Indian Constitution are provided in Part III, from Article 12 to 35. Directive Principles of State Policy, on the other hand, are provided in the succeeding part, i.e., Part IV, from Article 36 to 51. While fundamental rights are those basic rights which every citizen holds universally and are crucial forContinue reading “Fundamental Rights and Directive Principles – Coexistence or Friction?”