Month: January 2021
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The Conundrum of Review Jurisdiction
INTRODUCTION Jurisdiction is the foundation of the conceptual establishment of the legal domain. Essentially, it supplies the legal system the power and authority to engage and speak for the law. So the jurisprudence behind it is crucial for the edifice of the judicial machinery. The courts derive their power to adjudge the citizens of their…
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A Holistic Understanding of Public Law
The existence of public law is incontrovertible in the sense that public law is “found” and not “made”. Public law can be understood not in terms of rights but democracy. This concept of right is inherent in the concept of politics. In other words, public law provides recourse when variegated rights come into conflict with…
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National Language and Constitutional Deference
In India, the issue of the national language is one of the most controversial issues of pre as well as post-independence era. It has been a matter of debate in the past few months also. With huge diversity in culture, language and dialects, attempts in bringing uniformity in the pretext of ‘national unity’ have always…
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The Sci-Hub case: Lessons for policy and lawmakers
We, humans, love stories; so much so that we built our whole social, cultural, and economic structures around fictional stories. The story of democracy, the story of justice, the story of nation-states, and the list keeps growing. We can’t touch ‘democracy’, we can’t see ‘justice’, yet we chose to believe in them – and our…
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Constitutional Transformation: Radical or Gradual?
In a recent discussion on ‘a changing society and constitutional continuity: experience in pursuit of justice’, Justice D.Y. Chandrachud commented that the Indian Constitution embodied a transformative vision at its birth.[1] The founders attempted a radical transformation of a society which was based on caste and patriarchy, where liberty lay at the command of a…