Blurb: In this two-part series, Aditya Prasanna Bhattacharya revisits the UCC’s roots in the Constituent Assembly debates and traces its evolution within India’s legal framework. He emphasises the need to move beyond the debate on whether the UCC is a legitimate legal reform or a politically motivated imposition on minorities. Instead, he calls for aContinue reading “Uniform Civil Code: A Dispassionate Constitutional History [Part II]”
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Uniform Civil Code: A Dispassionate Constitutional History [Part I]
Blurb: In this two-part series, Aditya Prasanna Bhattacharya revisits the UCC’s roots in the Constituent Assembly debates and traces its evolution within India’s legal framework. He emphasises the need to move beyond the debate on whether the UCC is a legitimate legal reform or a politically motivated imposition on minorities. Instead, he calls for a more dispassionateContinue reading “Uniform Civil Code: A Dispassionate Constitutional History [Part I]”
Aparajita Bill: Blurring the Lines between Aggravated and Non-aggravated Rape
Aparjita Bill has introduced harsher punishments for rape in West Bengal. However, in doing so, it has blurred the distinction between aggravated and non-aggravated forms of rape, ignoring the contextualizing of the crime, and takes away the discretion of the judges during sentencing. This has multiple downfalls which are explored in the piece. The postContinue reading “Aparajita Bill: Blurring the Lines between Aggravated and Non-aggravated Rape”
The Unlegislated Haven: A Proposal for a Principled Asylum Policy in India
This piece argues for the need of a Bill that lays down principled asylum policy in India to deal with the influx of refugees, in a principled manner, where their basic rights are not left at the complete discretion of the executive. The post The Unlegislated Haven: A Proposal for a Principled Asylum Policy inContinue reading “The Unlegislated Haven: A Proposal for a Principled Asylum Policy in India”
Weakened Right to Access: How DPDP Act Limits Your Control Over Personal Data – Part II
Summary: “DPDP Act, 2023, grants individuals the right to access personal data held by Data Fiduciaries. Through this piece, the authors explain the right to access, provide an analysis of what counts as personal data. They argue that the law in its current form has diminished accountability of Data Fiduciaries and does not enable DataContinue reading “Weakened Right to Access: How DPDP Act Limits Your Control Over Personal Data – Part II”
Weakened Right to Access: How DPDP Act Limits Your Control Over Personal Data – Part I
Summary: “DPDP Act, 2023, grants individuals the right to access personal data held by Data Fiduciaries. Through this piece, the authors explain the right to access, provide an analysis of what counts as personal data. They argue that the law in its current form has diminished accountability of Data Fiduciaries and does not enable DataContinue reading “Weakened Right to Access: How DPDP Act Limits Your Control Over Personal Data – Part I”
Lately in Public Law | September ‘24
A fortnightly feature inspired by I-CONnect’s weekly “What’s New in Public Law” feature that addresses the lacuna of a one-stop-shop public law newsletter in the Indian legal space. What’s New at LAOT 1. Vrinda Chaturvedi, The Election Commission or the ‘Elected’ Commission? (deals with the constitutionality of appointments to the Election Commision and theContinue reading “Lately in Public Law | September ‘24”
On Calcutta High Court’s Refusal to Restrain Media (Trials): A Case for Limiting Article 19(1)(a)
The article challenges the Calcutta High Court’s refusal to restrain media trials in Sandipan Ghosh v. Union of India. It argues that such trials can undermine the presumption of innocence, warranting restrictions on media freedom under Article 19(1)(a) to protect the right to life and dignity under Article 21. Introduction On August 21, 2024, aContinue reading “On Calcutta High Court’s Refusal to Restrain Media (Trials): A Case for Limiting Article 19(1)(a)”
Preserving democratic integrity: Analyzing Electoral Bonds judgment in light of Ely’s Judicial Review Framework Part-II
The Electoral Bond scheme allowed individuals and companies to anonymously purchase bonds to fund political parties, under the guise of transparency by mandating the use of regular banking channels like the State Bank of India (SBI). However, deeper analysis reveals the scheme created loopholes that fostered a lack of accountability and disproportionate corporate influence. ThisContinue reading “Preserving democratic integrity: Analyzing Electoral Bonds judgment in light of Ely’s Judicial Review Framework Part-II”
Preserving democratic integrity: Analyzing Electoral Bonds judgment in light of Ely’s Judicial Review Framework Part-I
This article emphasizes that the core of the Electoral bond judgment lies not merely in election reform but in reinforcing equal access to political processes, a foundational aspect of Representative Democracy. The analysis draws on John Hart Ely’s framework for judicial review, which promotes the safeguarding of minority interests and ensuring fairness in political representation.Continue reading “Preserving democratic integrity: Analyzing Electoral Bonds judgment in light of Ely’s Judicial Review Framework Part-I”