Covers the interpretation and application of a country’s constitution and fundamental rights.
An Analysis of the Digital Personal Data Protection Act, 2023 and Draft Rules, 2025 I. Introduction: The DPDP Act 2023 and Draft Rules 2025 – India’s New Data Protection Paradigm India has entered a new era of data governance with the enactment of the Digital Personal Data Protection Act, 2023 (DPDP Act or the Act).1 […]
Navigating India’s Data Privacy Landscape: Read More »
I. Introduction II. Article 25: Individual Freedom of Conscience and Religion The trajectory of the ERP test reveals a significant evolution in judicial thinking. Initially conceived in Shirur Mutt as a way to identify the core of religion, with deference to the religion’s own doctrines 42, the test has increasingly become a tool for the
The Right to Religious Freedom Read More »
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
The Right to Information and the Right to Privacy in India: Read More »
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
Freedom of the Press and Article 19 Read More »
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
Digital Media, Social Media, and Freedom of Speech Read More »
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
Constitutional Morality in India Read More »
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
Evolution and Application of Constitutional Tort Jurisprudence in India Read More »
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,
Constitutionalism in India: Emergence, Evolution, and Future Read More »
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
I. Introduction: Reservation Policies and the Equality Code Reservation policies in India represent a significant and complex facet of the nation’s constitutional and social landscape. Conceived as a form of affirmative action, these policies aim to address and rectify the deep-seated historical and ongoing social, educational, and economic disadvantages faced by specific communities, notably the
The Constitutional Justification of Reservation Policies in India under Article 14 Read More »
