Tag: Constitutional Law
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Issue of Self-identification and Absence of Proper Mechanism: NALSA vs. UOI
Introduction The landmark judgement of National Legal Services Authority (NALSA) v Union of India and Others (hereinafter NALSA) upheld the right of the transgender persons to be identified as the ‘third gender’, apart from the binary notion of male and female. A writ petition was filed by the NALSA in 2012, on behalf of the […]
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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 […]
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The Mumbai Gag Order: An intrusive order labelling criticism of state a crime
INTRODUCTION Public criticism is indispensable to the functioning of government institutions and a ‘culture of open dialogue’ is requisite for democracy. It is not erroneous to say that dissemination of fake news and incorrect information over social media platforms regarding the actions of the government, creates chaos and bewilderment among the people and incites mistrust […]
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Pravakar Mallick & Anr. v. State of Orissa & Ors.: Reservation in Promotions in India
In April 2020, the Hon’ble Supreme Court of India in the case of Pravakar Mallick & Anr. v. State of Orissa & Ors. [Mallick], ruled upon the Civil Appeal filed by the Appellants aggrieved by the Order of the Orissa High Court in a writ petition regarding reservation in promotions. The central issue was the validity of a Government […]
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Constitutional feminism: A misconstrued idea?
Introduction The Constitution of India allows for special provisions to be made for women under Article 15(3). It further doesn’t elaborate upon the nature and kind of these special provisions and delegates the task onto the legislature and the judiciary to interpret the scope of the provision, in light of the scheme of the Constitution. […]
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Indian Constitution and its Contractual nature
The Indian preamble, an ideal manifestation of the objective sought to be imbibed in the Indian culture, not only in theory but in practice as well; starts with this magnanimous terminology of ‘We the people of India’; therefore, bestowing the ultimate power to the Indian citizens; so it is the Indian citizens, who under the […]
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