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Constitutional Law Uncategorized

The Unconstitutionality of the Waqf Amendment Act, 2025 and the Erosion of Minority Rights

Varun Pandey Introduction The Waqf (Amendment) Act, 2025, was enacted in both Houses of Parliament following a period of vigorous discussion and partisan conflict. It signifies a substantial reform within the Waqf administration in India. Although it implements many initiatives for inclusivity and administrative reform, it simultaneously centralises governmental authority and diminishes the independence of […]

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Constitutional Law

Dworkin’s Herculean Theory: Determining The Binding Force of Menstrual Leave Policy

Lauren Prem I. Introduction Menstrual leave policy in short (MLP), a contemporary discussion, has been viewed by many legal practitioners, to take the form of a right. Prominent advocates throughout the country have associated the policy to derive its enactment force from article 14 of the Constitution which encapsulates the essence of treating equals equally […]

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Constitutional Law

Uncontested Elections in India: The Legal Challenge & Role of NOTA

Kartikey Agrawal & Siddhi Mishra I. Introduction The Supreme Court has recently issued a notice in a PIL challenging the validity of Section 53(2) of the Representation of Peoples Act, 1951 (“Act”). This section comes into force when the number of contestants equals the number of seats to be filled, meaning only one candidate is […]

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Constitutional Law

The Dangerous Precedent Set by Uttar Pradesh’s Digital Media Policy

Puneet Srivastava & Kushagra Tiwari The new Digital Media Policy 2024 (“The Policy”), declared by the Government of Uttar Pradesh on August 28, 2024, marked a serious change in the state government’s policy of digital dissemination of information and regulation of content. Under the apparent objective of facilitating the work of the government in reaching […]

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Constitutional Law

Examining the Pitfalls: How Mandating Generic Drugs Compromises Right to Health due to Loopholes in Drugs Regulation?

Abhishek Gupta Introduction The government has often mooted the idea to mandate medical professionals to prescribe generic medicines. Last year, the parliament introduced the National Medical Commission Registered Medical Practitioner (Professional Conduct) Regulations, 2023 (“ Regulations”) with the aim to ensure affordable healthcare to the people of the country. Despite the medical advancements made by […]

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Constitutional Law

A Survey of the Constitutional Powers and Qualification of the Deputy Governor of a State in Nigeria

Abiola Olajide Ogunsakin & Gbade Olomu Akinrinmade Abstract This paper evaluates the powers and qualification of the Deputy Governor of a state to hold office under the Constitution. It examines the process of their nomination and their role in government. It concludes with findings about gaps in the law and suggests measures to redress the […]

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Constitutional Law

Proportionality Principle in India: A Hollow Promise?

Aditya Jain & Ayushi Shukla Introduction The proportionality principle today forms an integral part of review jurisprudence around the globe, and India is no exception. Tracing its origin from the German Constitutional Courts in the 19th century, the principle was developed in the context of administrative law to regulate police action while dealing with individual […]

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Constitutional Law

Citizenship Rights and the ‘CAA’ Controversy: A Jurisprudential Analysis

Rhea L Vinay Introduction ‘Citizenship,’ in India, has been awarded through Part II of the Indian Constitution and the Citizenship Act of 1955. While not ingrained as fundamental right under Part III of the Constitution, it has been recognized as a legal right/ claim conferred upon individuals that are deemed citizens of the country. It […]

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Constitutional Law

Parliamentary Powers in Question: Analysing the Controversy Surrounding Mahua Moitra’s Expulsion and the Constitutional Landscape of Indian Legislative Authority

Sashank Saravanan and Kanan Shivhare Introduction In the hallowed halls of the Indian Parliament, where debates shape the destiny of a nation, a recent controversy has ignited a fervent discourse on the powers vested in the legislative body to regulate the conduct of its members. The expulsion of Trinamool Congress MP Mahua Moitra from the […]

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Constitutional Law Privacy Law Technology

The Right to be Forgotten: Path Towards Efficacious Realization of Data Protection

Tanish Arora Introduction The concept of the right to be forgotten was recognised in French jurisprudence, where it was known as ‘le droit a l’oubli’, which refers to the “ability of individuals to limit, de-link, delete, or correct the disclosure of personal information on the internet that is misleading, embarrassing, irrelevant, or anachronistic.” This right […]