This article critically analyses the Indian concept of Dharma; and relates it to the derivative evolution of the Human Rights Law and its modern ideals.
Category: Constituition
LL.B. pass Judge: a black robe and not a cassock!
“May it please Your Lordships, the counsel wants to humbly submit that you are wearing a black robe and not a cassock…” a law student candidly urged the bench in a moot court concerning the doctrine of Essential Religious Practice (“ERP Test”) as the moot point. This article takes us to the long unconcluded debate regarding the role of the Judiciary in adjudicating religious issues to satisfy the ERP test manufactured allegedly in the exercise of judicial overreach.
THE CONSTITUTIONAL DICHOTOMY OF ARTICLE 19(1)(A) AND ARTICLE 21 OF THE INDIAN CONSTITUTION
In this article, the author has addressed a constitutional question that has been recently framed in the case of Kaushal Kishor v. State of U.P. The question is related to the interplay of Article 19(1)(a) and Article 21 of the Indian Constitution. The author has analysed the related jurisprudence and has given his viewpoint regarding the framed issue.
Institutional Illusion: The Contention with ICJ’s Consensual Jurisdiction
In this article, Akanksha Mishra discusses the effectiveness of the International Court of Justice and its ruling, paying special attention to its policy of consensual jurisdiction.
Daughter’s Rights to Coparcenary Property
This article critically analyzes how the recent Supreme Court judgment of coparcenary property rights for women is trying to resolve the patriarchal norm in the society.
Must Justice be blind to be objective?
The world that the law is meant to reign upon has relocated its focus from text to visual ways of understanding various happenings as the technology develops.The article wants the readers to check the pace at which they want justice to be imparted with the aid of visual understanding of events.
SC Judgement on Prashant Bhushan: Justifying Contempt of Court
Prashant Bhushan was held guilty of contempt of court for his tweets criticising the supreme court. His conviction was perceived as a serious blow to the freedom of expressing criticism of democratic institutions. However, this conclusion isn’t warranted. Aman Khullar explores the merits of the case to show why Bhushan’s comments amount to contempt of court.
STDs, Matrimonial Alliance and Desire for Justice
A spouse can approach the court of law under the providential fault ground, and can get his or her marriage dissolved. Nevertheless, there are certain drawbacks in the law that disables the patient-spouse.In the present article, the authors will try to analyze and find the effective solution to the some highlighted problems.
Crisis of Logic: Revisiting the Controversy of Ranjan Gogoi’s Nomination to the Rajya Sabha
Ex-CJI Ranjan Gogoi’s acceptance of a nominated seat in the Rajya Sabha sparked massive controversy and resentment. Analysing the popular opinions on the matter in the media reveals various fallacies with the arguments. Aman Khullar provides an outlook on the matter by pointing out the problems with existing opinions.
Who is responsible for the humanitarian catastrophe in Yemen?
Quite a few factors can bring instability in a country and make a country tough to manage — one of them being variable geography as Yemen is a land that has mountains, deserts and canyons.
DISSENTER’S PERSPECTIVE: A READING OF KIHOTO HOLLOHAN
The state that aspires to achieve the objectives as noble as mentioned in our Constitution cannot proceed towards that end if a scope of blanket gag exists that can be issued at the whims of the masters within the political parties backed by the amendment to the Constitution.
The Normative Unconscious Nature of Islamophobia
The article touches upon how Islam is increasingly considered to be a barbaric, irrational, primitive, sexist and violent religion. The unconscious internalization of a reductionist and monolithic image of “us” and of “them” leads to the exclusion of Muslims from mainstream society and making anti-Muslim hostility seem natural and normal.
