LawRMS

Constitutional Validity of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986: An Analysis

I. Introduction The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter “the Act”) stands as a significant piece of special legislation within the Indian legal landscape. Its stated purpose is to make special provisions for the prevention of, and for coping with, gangsters and anti-social activities within the state of Uttar Pradesh, along […]

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The Right to Information and the Right to Privacy in India:

1. Introduction This report undertakes an analysis of the intricate and often conflicting relationship between the statutory Right to Information (RTI), as established under the Right to Information Act, 2005, and the fundamental Right to Privacy, judicially recognized under Article 21 of the Constitution of India. Both rights represent cornerstone principles within the Indian democratic

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Freedom of the Press and Article 19

I. Introduction: The Constitutional Imperative of Press Freedom in India A. The Foundational Role of Free Speech and Press in Indian Democracy The Constitution of India, the supreme law of the land, establishes a democratic republic founded upon ideals of justice, liberty, equality, and fraternity.1 Central to the realization of these ideals, particularly liberty, is

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Digital Media, Social Media, and Freedom of Speech

Analysis of Article 19 and the Information Technology Act in India: Introduction The proliferation of digital and social media platforms has fundamentally reshaped the landscape of communication, public discourse, and the exercise of fundamental rights in India. These platforms offer unprecedented avenues for expression, information dissemination, and civic engagement.1 However, this digital transformation has concurrently

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Constitutional Morality in India

Genesis, Jurisprudence, and Contemporary Significance: I. Introduction Constitutional morality stands as a pivotal, yet frequently contested, concept within the landscape of contemporary Indian jurisprudence.1 It transcends the confines of a mere legal term, representing a profound and deeply ingrained commitment to the foundational values that underpin India’s democratic and secular framework.3 This concept serves as

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Evolution and Application of Constitutional Tort Jurisprudence in India

A Public Law Remedy for Fundamental Rights Violations: I. Defining Constitutional Tort in the Indian Legal Framework A. Conceptual Foundations in Tort Law The concept of ‘tort’ forms a significant branch of civil law, concerned primarily with the protection of various interests arising within society.1 Derived from the Latin word ‘tortum’, meaning ‘to twist’, it

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Constitutionalism in India: Emergence, Evolution, and Future

Introduction Constitutionalism, in its essence, signifies governance limited by law, standing as the antithesis of arbitrary rule.1 It embodies the principle that governmental power is not absolute but is constrained by a higher law – the Constitution – which establishes the framework for the state, defines the powers and responsibilities of its organs, imposes limitations,

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An Analysis of the Creamy Layer Principle in the Context of SC/ST Sub-classification: The State of Punjab v. Davinder Singh (2024) Judgment

I. Introduction A. Setting the Context The Supreme Court of India, on August 1, 2024, delivered a significant judgment in State of Punjab v. Davinder Singh.1 This decision, rendered by a seven-judge Constitution Bench, addressed the complex and constitutionally charged issue of whether State governments possess the power to sub-classify Scheduled Castes (SCs) and Scheduled

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