Categories
Constitutional Law

Parlous State of The Speaker Under Anti-Defection Law: The Manipur Legislative Assembly Crisis

Subiyah Hafeez Siddiqui and Arifa Hafeez Siddiqui Introduction: The Manipur Legislative Assembly recently witnessed what has become a norm in Indian politics: abuse of power, complete disregard of electoral mandate and violation of the constitutional process. The Speaker of the Assembly, Yumnam Khemchand Singh failed to attend to the application moved to disqualify eight members […]

Categories
Constitutional Law Criminal

The Death Penalty in India: Revisited

By Atreya Chakraborty Since time immemorial, the subject-matter of death penalty has been at the centre of sustained legal discourse and deliberation all over the world. Even though the nature of arguments, both advancing and assailing the retention of such form of punishment, has not undergone a substantial amount of change, a fresh consideration of […]

Categories
Constitutional Law

To Resign or Not to Resign: Uddhav Thackeray’s Constitutional Conundrum

By Mayur Kulkarni Background At a time when the State of Maharashtra struggles to fight against the coronavirus pandemic, a constitutional crisis looms over Chief Minister Uddhav Thackeray, potentially forcing him to resign from his position. On November 28, 2019 Uddhav Thackeray took oath[1] as the Chief Minister, as the leader of the Maha Vikas […]

Categories
Constitutional Law

Anti-Begging Laws: An Attack on Freedom of Speech?

By Akshat Bhushan Introduction In India, there are twenty states and two union territories that have enacted anti-beggary laws, criminalising the act of begging.[1] A 2018 Delhi High Court order struck down certain provisions of the Bombay Prevention of Begging Act, 1959 (that was extended to the union territory of Delhi) which criminalised involuntary begging […]

Categories
Constitutional Law

UAPA: The Predicaments of Interpreting a Manifestly Vaguely Worded Law

By Simran Kaur India’s constitutional mandate on its cherished promise of free speech has withstood several upheavals of time. The jurisprudence spanned over seven decades has been interpreted in the light of the principles of a democratic political society. The underlying basis of this entails exercising the fundamental right to free speech as a citizen, […]

Categories
Constitutional Law Criminal

Criminalization of Triple Talaq: Is It That Bad?

By Sumedha Tewari Introduction On July 31, 2019, Rajya Sabha passed the The Muslim Women (Protection of Rights on Marriage) Bill, which was later on granted presidential assent on  April 1, 2019. With the passage of this bill, giving divorce to a Muslim woman through talaq-e-biddat or instant triple talaq was criminalised, prescribing up to […]

Categories
Constitutional Law Rights Adjudication

Citizenship (Amendment) Act and Right to Equality: In Consonance or in Dissonance?

By Ananya Singh The Citizenship (Amendment) Act, 2019 [“Amendment Act“], since its inception, has been embroiled in controversy for not only its content, but majorly for the political intention with which it was passed by the India Parliament. Nevertheless, a major debate is arousing, regarding its constitutional validity wherein the debate abides on the issue […]

Categories
Antitrust Constitutional Law Rights Adjudication

An Introduction to Amazon’s Exploitative Behaviour

By Gautami Govindarajan Jeff Bezos may be the richest man in modern history, but at whose cost? Amazon has risen to a position of market dominance, but behind the glittering deals and soaring profits is a history of abuse and exploitation of labour. Violations of Labour and Human Rights Amazon has been repeatedly found to […]

Categories
Constitutional Law Rights Adjudication

Analyzing the Concept of BYOD: An Insight into the Employee’s Perspective on Right to Privacy

By Deepti Pandey & Sushant Shekhar Singh After the dust settled on K S Puttaswamy v. Union of India by recognizing the fundamental right to privacy in India, various facets of privacy have gained prominence.[1] One such aspect is the privacy right in corporations under the relationship of employment. Increased surveillance in employment is a […]