Introduction The panel on Adjudication of Socio-Economic Rights in the SAARC (South Asian Association for Regional Cooperation) Countries discussed the unique challenges and opportunities in recognizing and enforcing socio-economic rights. The role of the judiciary in safeguarding and promoting such rights is extremely important as these countries grapple with diverse socio-economic realities and developmental […]

The post The Courts and the Constitution – 2023 in Review,  Panel 3: Adjudication of Socio-Economic Rights in the SAARC Countries appeared first on Law and Other Things.

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 be […]

The post Strengthening Election Commission: A Constitutional Statute Approach appeared first on Law and Other Things.

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, how […]

The post appeared first on Law and Other Things.

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 several […]

The post Constitutional Crisis: The Kejriwal Conundrum and the Quest for Effective Governance appeared first on Law and Other Things.

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 its […]

The post State of Kerala v. Union of India: Reshaping Indian Fiscal Federalism appeared first on Law and Other Things.

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 conscience […]

The post Escaping the Religious Undertones of Article 25: Analysing the Right to Conscience appeared first on Law and Other Things.

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 amounted […]

The post Explainer: N. Ravi v Speaker, Legislative Assembly Chennai appeared first on Law and Other Things.

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 a […]

The post Lately in Public Law | March’24 appeared first on Law and Other Things.

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 of […]

The post Taking No Chances with CGST Amendment, 2023: Analysing the Constitutional Validity of Taxing Games of Chance and Skill at Par appeared first on Law and Other Things.

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 an […]

The post Limiting Environmental Protection: Analysing Environmental Rulemaking through Sackett v. FCAB and the Forest Conservation Amendment Act appeared first on Law and Other Things.