Constitutional Law

OBC

BEYOND ECONOMIC CAPITAL : A MULTIDIMENSIONAL FRAMEWORK OF DETERMINING BACKWARDNESS WITH OBCs: Part II

HOW TO DETERMINE BACKWARDNESS ? Pierre Bourdieu’s theory of capital throws light on a distinct way to the understanding of class and social stratification by emphasizing a multidimensional approach. He argues that an individual’s class location is shaped not merely by economic factors but by the interplay of four types of capital: economic, cultural, social, […]

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BEYOND ECONOMIC CAPITAL : A MULTIDIMENSIONAL FRAMEWORK OF DETERMINING BACKWARDNESS WITH OBCs: Part 1

INTRODUCTION The Supreme Court’s decision in State of Punjab v. Davinder Singh was a defining moment in the evolution of India’s affirmative action framework. By upholding sub-categorization within Scheduled Castes, the Court dismantled the assumption of homogeneity among marginalized groups. Instead, it acknowledged the stark hierarchies and inequities within these communities, paving the way for

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A Case for Reservation on Economic Basis

Introduction Recently, in a poll conducted by Reuters, experts and policy makers expressed their low confidence in the possibility of India tackling its mushrooming economic inequality any time soon, despite the ‘roaring GDP growth.’[1] The poll has brought to the notice, the need to take concrete steps to reduce the economic inequality in the country.

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Inclusive Futures: Surrogacy, Single Women And Constitutional Dynamics

Introduction The concept of “surrogacy” outlines the process where a woman carries and delivers a child on behalf of another couple, thereafter giving back the child to the intended parents after birth. Within the context of family dynamics and reproductive rights, the debate over the legalisation of surrogacy for single women in countries like India

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Uganda’s LGBTQ Legislation: A Step Backward in the Modern World

Introduction Uganda is widely recognized for its strict views on sexuality and intolerance towards homosexuality. Recently, Uganda’s Constitutional Court rejected a petition against the Anti-Homosexuality Act, 2023, which is considered to be one of the world’s harshest anti-LGBTQ laws. It is critical to raise awareness about this problem for the benefit of Uganda’s LGBTQ+ population

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Electoral Bonds case: An Analysis of its contributions to the Test of Arbitrariness

Abstract The arbitrariness test and its application have been a continuously evolving area of jurisprudence with each case contributing differently to the idea. The judgements between the Mcdowell case to before the Shayara Bano case have been different from each other. None of the judgements have relied much on the previous judgements. Furthermore, there have

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Pride and Prejudice- Reputation in light of Right to be Forgotten in India

In this post, the author seeks to examine the social outcomes of the lack of proper observance of the Right to be Forgotten. The author also provides a socio-legal analysis through various real-life cases and attempts to provide a solution to the conundrum.

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A JURISPRUDENTIAL ANALYSIS OF THE PLEA FOR MARRIAGE EQUALITY

Introduction Against the backdrop of the LGBTQ movement, two same-sex couples filed a writ petition (hereinafter ‘Supriyo’) at the Supreme Court seeking legal recognition for same-sex marriages in India, also questioning primarily various provisions of the Special Marriage Act, 1954 (hereinafter ‘SMA’) and the Juvenile Justice Act challenging traditional norms and paving the way for

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A Stamp of Approval: Supreme Court Resolves Issues Concerning Validity of Unstamped Arbitration Agreements

In this post, the author presents a comprehensive overview of the Supreme Court’s judgment in Re: Interplay between Arbitration Agreements under the Arbitration And Conciliation Act, 1996 and the Indian Stamp Act, 1899.

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Capital of a State: The Question of Who Decides?

In this post, the author delves into the complex socio-legal issues surrounding the decision to have three capitals in Andhra Pradesh and critically examines through historical events, legal provisions, and judicial precedents, the constitutional power of state governments to change or decide the State Capital against Centre’s will.

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