Strengthening Election Commission: A Constitutional Statute Approach

Summary: The article argues that the interim arrangement given by the SC in the Anoop Baranwal case represents a constitutional statute with the twin essential minimum content of: a. Independence from executive dominance, and b. Effective opposition participation. The recent appointment act formulated by the parliament reneges on both these aspects and hence, must beContinue reading “Strengthening Election Commission: A Constitutional Statute Approach”

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A fortnightly feature inspired by I-CONnects 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.  Kanishk Srinivas, Escaping the Religious Undertones of Article 25: Analysing the Rightto Conscience (explains the scope of the right to conscience, howContinue reading “Post Title”

Constitutional Crisis: The Kejriwal Conundrum and the Quest for Effective Governance

The recent controversy surrounding Arvind Kejriwal’s refusal to resign as Chief Minister of Delhi, despite his arrest in a liquor policy case under the PMLA, has brought the concept of effective governance into sharp focus. Even while in jail, Kejriwal continues to oversee the administration of Delhi, a situation compounded by the detention of severalContinue reading “Constitutional Crisis: The Kejriwal Conundrum and the Quest for Effective Governance”

State of Kerala v. Union of India: Reshaping Indian Fiscal Federalism

Summary: The piece examines the State of Kerala’s challenge against the Union of India’s borrowing constraints, analyzing the fiscal relationship, constitutional history, and the Union’s authority to regulate the States’ borrowings. The State of Kerala filed a petition in the Supreme Court in December 2023 against the Union of India, impugning the constraints imposed on itsContinue reading “State of Kerala v. Union of India: Reshaping Indian Fiscal Federalism”

Escaping the Religious Undertones of Article 25: Analysing the Right to Conscience

Summary: Article 25 of the Constitution has traditionally focussed on religious rights and the scope of protection they enjoyed from state intervention. However, there is one aspect of this right that has remained unexplored for the longest time – the right to conscience. Recently, there has been a renewed focus on the right to conscienceContinue reading “Escaping the Religious Undertones of Article 25: Analysing the Right to Conscience”

Explainer: N. Ravi v Speaker, Legislative Assembly Chennai

Introduction On April 25, 2003, The Hindu published an editorial titled ‘Rising Intolerance’. This editorial was translated and further reproduced in Murasoli, a DMK newspaper. The editorial critiqued the then-prevailing regime of AIADMK in Tamil Nadu, led by Jayalalitha as the chief minister of the state. So, what was it about this article that amountedContinue reading “Explainer: N. Ravi v Speaker, Legislative Assembly Chennai”

Taking No Chances with CGST Amendment, 2023: Analysing the Constitutional Validity of Taxing Games of Chance and Skill at Par

Summary: In this article, the author argues that the amendment to tax both games of chance and games of skill at the same rate violates Article 14. This move lacks an intelligible classification and rational nexus with the objectives of the GST statute and could fail constitutional scrutiny. Introduction The distinction between a game ofContinue reading “Taking No Chances with CGST Amendment, 2023: Analysing the Constitutional Validity of Taxing Games of Chance and Skill at Par”

Lately in Public Law | March’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. Saumya Ranjan Dixit, Re-Visiting Simpliciter Termination: Protecting the Legitimate Expectation of Probationers,(argues that the distinction between simpliciter and punitive termination of aContinue reading “Lately in Public Law | March’24”

Limiting Environmental Protection: Analysing Environmental Rulemaking through Sackett v. FCAB and the Forest Conservation Amendment Act

Summary: The creation of environmental protection legislations signifies an attempt by states to address the issues of environmental degradation and carve a path to sustainable development. However, by highlighting the judgement of the US Supreme Court in Sackett v FCAB and the Forest Conservation Amendment Act in India, the author argues that there has been anContinue reading “Limiting Environmental Protection: Analysing Environmental Rulemaking through Sackett v. FCAB and the Forest Conservation Amendment Act”

Analysing ADR v. UoI: A Case for Conjunctive Double Proportionality

Summary: The decision of the Supreme Court in the electoral bonds case represents an attempt at balancing conflicting fundamental rights by employing the double proportionality standard. In this piece, the author argues that the double proportionality standard, unlike the proportionality standard, must be read as a conjunctive test to prevent wholesale rejection of every impugned plenaryContinue reading “Analysing ADR v. UoI: A Case for Conjunctive Double Proportionality”