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Constitutional Law

The Value of Inter-Judicial Dialogue for Constitutional Transformation: The Case of India and South Africa

Parth Goyal Introduction In November, 1949,  Dr. B.R. Ambedkar delivered his final remarks as Chairman of the Constitutional Drafting Committee before the Constituent Assembly of India, elaborating a grand and noble vision for the transformative project that was the Indian Constitution.  He stressed that India must “hold fast to constitutional methods of achieving [its] social […]

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Constitutional Law Criminal

Marital Rape: An Exclusive Ground for Divorce

The preconceived notion that arises due to the constitutional validity of exception (ii) of section 375 of IPC (marital rape), lays out an important aspect in the cases of divorce in family law. What it does is that it proposes that it is not a wrong at all and therefore there is no cruelty either. Although, marital rape has been accepted as a ground for divorce, it has been recognized under cruelty. This article argues that irrespective of the constitutionality of the said section, there is a need for marital rape to be an exclusive ground for divorce.

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Constitutional Law Policy

Analysing Online Fantasy Sports Gaming in India

Sarthak Bhardwaj On 18th September, 2020, Paytm was temporarily removed from Google Playstore. Google alleged that Paytm flouted its gambling policies. In an official blog post, Suzanne Frey, Vice President, Android Security and Privacy, wrote, how they “don’t allow online casinos or support any unregulated gambling apps that facilitate sports betting.” This incident brings into […]

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Constitutional Law

How Free Should Free Speech be?

Ankita Amarnath Kamath Media trials have existed in India since the 20th century. Be it the 2008 Noida Double Murder case or in a more recent context, the investigations surrounding Bollywood actor Sushant Singh Rajput’s death – the role of mass media in shaping the opinion of the general public is undeniable. It is rightly […]

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Constitutional Law Rights Adjudication

State Performances of Nationalism in School Assemblies

Geeta Kanwar Introduction Can a state-owned educational institution mandate recital of shlokas from Hindu scriptures? This question has emerged in the recent petition filed by Advocate Veenayak Shah in the Supreme Court. The plea challenges the constitutional validity of Rule 92 of Revised Education Code of Kendriya Vidyalaya Sangathan (Education Code) as violative of Article […]

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Constitutional Law

Who Blemished the Virtue of the Court? Bhushan or the Court Itself?

Amartya Sahastranshu Singh & Manish Kumar “Freedom is what freedom does and Justice fails when Judges quail” Justice V.R Krishna Iyer Prashant Bhushan’s two tweets on 27th June 2020 and 22nd July 2020 respectively, have shaken up the apex judicial institution of India. He posted tweets censuring the last four CJIs  for playing a leading […]

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Constitutional Law Policy

Procedure to Employ CBI Investigation in India: A Long Due Revision

Shubham Gupta The ongoing controversy of Actor Sushanth Singh Rajput’ death has raised various questions regarding the procedure relating to registration of FIRs  and Investigations. One such issue is the recommendation of investigation by the Central Bureau of Investigation (CBI). In the above-mentioned scenario, there was a constant tussle between the centre and state about […]

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Constitutional Law Policy

Can the Padmanabhaswamy verdict free Hindu temples?

Pratyush Kumar Jena &Vishal Choudhury On 13th July 2020, a two-judge bench of the Supreme Court delivered its judgement in the Padmanabhaswamy Temple case. The case was pending before the Court since the decision of the Kerala High Court on 31st January 2011, which the Apex court has now overturned. The case dealt with some […]

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Constitutional Law Criminal

The Quality of Mercy and Section 433A: The Haryana Government’s Remission Policy

Ishani Shekhar & Pravah Ranka In a recent happening, a remission policy of the Haryana government mandating premature release of life convicts, came before the Supreme Court in Pyare Lal v. State of Haryana.[i] This policy decision dated 02.08.2019 was passed by the Governor in pursuance of the powers under Article 161 of the Indian […]

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Constitutional Law Securities

SEBI’s ‘WhatsApp Leak Case’ Order: An unusual Precedent?

Abhishek Iyer Introduction Back in 2017, several media reports emerged about the circulation of Unpublished Price Sensitive Information [Hereinafter “UPSI”] of about 12 listed companies in various private WhatsApp group chats. On 29th May, 2020, Securities and Exchange Board of India [Hereinafter “SEBI”] through its Adjudication Order[1] imposed a penalty of Rs. 45 lakh and […]