Law – NICKELED AND DIMED

Fluid Moralities and Navigating Crisis: An explication of Fullerian Natural Law

February 10, 2021 centreforneweconomicstudies

The school of thought that presumes an intimate relationship between Morality and Law is regarded as Naturalists with Lon Fuller as one of their key proponents. However, the position of the sovereign-state in Fuller’s conception of the law is undermined, and the severe Covid-19 Pandemic measures taken by different sovereigns have only established the ascendency of the state further. In this article, I try to engage with Fuller’s concept of the law through the lens of emergencies such as the pandemic and 9/11 and also analyse the concept of fluid moralities with respect to how states understand morals at the international and national level.

Exploring the scope of Article 19(1)(b) in light of the recent protests in India

February 7, 2021 centreforneweconomicstudies

This article analyses the Article 19(1)(b) of the Constitution of India and its exceptions, in light of the recent protests. Looking at all these protests it tries to establish how the recent year was a year of protests in India; and, why every citizen of the nation should be aware of rights provided by the Constitution of India.

A Critical Analysis of the POCSO Amendment (2019)

February 5, 2021 centreforneweconomicstudies

Trigger Warning- Sexual Abuse, Assault, Rape
This article seeks to critically analyse the POCSO amendment of 2019, focusing on the loopholes in the act, particularly critiquing the death penalty and finally looking at long term solutions to reduce child sexual assault.

Are the new Farm Bills Exploitative?

January 26, 2021 centreforneweconomicstudies

This article will analyze the Farm Bills 2020, the Essential Commodities (Amendment) Bill, the Agricultural Produce Marketing Committee (APMC) Bypass Bill, and Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Bill. This article seeks to identify if the farm bills are a boon or the bane for the economy.

The Ethical Conundrum of Mediation in Domestic Violence Cases

January 13, 2021 centreforneweconomicstudies

Alternate dispute resolution mechanisms have become an important tool of settlement, owing to their speedy nature of dispensing justice. These mechanisms provide for out of court settlements of matters at the convenience of the parties and with their consent. Mediation has thus gained popularity especially in matters related to family or matrimonial disputes.

Dharma: The Progenitor of the Concept of Human Rights

January 12, 2021 centreforneweconomicstudies

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.

LL.B. pass Judge: a black robe and not a cassock!

November 13, 2020 centreforneweconomicstudies

“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

October 31, 2020 centreforneweconomicstudies

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.

Irretrievable Breakdown of Marriage: Need for a No Fault Principle to Grant Divorce

October 15, 2020 centreforneweconomicstudies

This article analyses the need for ‘irretrievable breakdown of marriage’ as a no-fault principle to grant divorce by deviating from the age-old fault-theory. It also discusses the jurisprudence of this principle laid down by the Supreme Court.

Daughter’s Rights to Coparcenary Property

September 15, 2020 centreforneweconomicstudies

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?

September 5, 2020 centreforneweconomicstudies

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

September 1, 2020 centreforneweconomicstudies

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.

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