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The Curious Case of NOTA: Why NOTA Failed Its Own Purpose?

Why NOTA failed in India

Since its inclusion, first, under rule 49-o of  Conduct of Elections Rules 1961, and again as a symbolic implementation in 2013, NOTA was idealised as a powerful tool to exercise the right to reject. Overestimating its potential, the Supreme Court in its NOTA judgment became too short-sighted. While the top Court included NOTA as a working option, it simultaneously made NOTA vote incompetent. Disha Pathak details the inefficacy of NOTA and its limited potential to bring any real transformation.

Explaining the Maratha Reservation Judgment: Its Affect and Implications

maratha reservation judgment

Recently, the Supreme Court struck down the claim to Maratha reservation, citing that the reservation ceiling in a state cannot exceed 50 per cent. The Apex Court stated that neither there were extraordinary circumstances to grant Maratha reservation nor the states had the power to decide Socially and Educationally Backward Classes. Aeshita Singh explains the nitty-gritty of the Maratha reservation judgment, citing its faultlines and implications.

The Making of Constitutional Morality by Indian Judiciary: History, Significance and Concerns

Ambedkar invoked the phrase ‘constitutional morality’ during the Constitutional Assembly Debates to express his doubts regarding the legislature. His concerns were hinged upon a moment of transition, wherein India was still recuperating from partition and the colonial ideas of subordination. Years after his invocation, the Supreme Court in 2014 once again mentioned the principle of constitutional morality. Since then, the principle has only developed as the innate voice of the constitution, one that is different from popular or social morality. Nishant Mishra details the history and significance of constitutional morality, highlighting some concerns regarding the irregularity in its implementation.

Violence Against Healthcare Professionals in India: We Need To Stop This Barbarism!

Violence against healthcare workers

The increased incidents of violence against healthcare professionals pose extreme consequences upon the overall healthcare system. Though violence against doctors and medical staff is not exclusive to the COVID-19 pandemic, it has only garnered media now. The government, for the longest time, didn’t promulgate focus laws to deal with such violence. But the Epidemic Diseases Act amended last year provides for some respite, although it is draconian in its own way. Gunjan Bahety analyses existing judicial pronouncements and legislation, suggesting adequate changes. She also presses for a balanced law that protects healthcare professionals without impinging on other’s right to legal recourse.

Is Freedom of Expression Under Threat Due to the Right To Be Forgotten? A Case Laws Based Explainer

Is Freedom of Expression Under Threat Due to the Right To Be Forgotten?

The right to be forgotten is often assumed to infringe upon the freedom of expression. As far as its interpretation goes, the courts have been subjective and often inconsistent in their decision making.  The Google Spain case (2014) is touted as one reason why the tiff between the two rights intensified. Chandreyee Maitra analyses the Google Spain case, explaining why it created tension between freedom of expression and the right to be forgotten in the first place. Maitra shows how the Google Spain case affected European jurisprudence vis-a-vis the right to be forgotten.

Analysing the Ambit and Meaning of Article 13: How Did the Judiciary Interpret It?

Article 13 analysis

Article 13 reserve and preserve the fundamental rights of the citizen, protecting from laws that may otherwise infringe upon our freedom. Article 13 requires that all amendments and laws passed by the Parliament are tested based on their validity under the Indian Constitution. Highlighting the transformative character of the Constitution, Anamika Mishra decodes Article 13, peeling it Clause by Clause. The underlying theme of the article also reflects on judicial review and its effect on interpreting Article 13.

Media Trial, Stifling Democracy and Affected Judiciary: How Did We Get Here?

There is an undeniable synergy between media, democratic ideals, and the judiciary. Although media is assumed to restore democracy, in reality, it is far from doing its job. In the article, Mayannk Sharma explains the linkages between a well-functioning democracy and vigilant media. He highlights how media has failed to do its job since it’s too obsessed with improving television ratings. The same has led to media trials, which have further cast a shadow on the ‘actual’ trial.

Social, Legal and Ethical Analysis: How Do We View Abortion in India?

While the Medical Termination of Pregnancy (Amendment) Act 2021 garnered praise, abortion in India is still a question of morality concerning many religions.  Even though India promulgated the Medical Termination Act in 1971, it was fraught with issues that were left unaddressed. Is the amendment successful in undoing the fallacies of the principal Act? What has been the role of the Indian Judiciary in this respect?  Rujuta Joshi writes about the history of legalising abortion in India. She moves from the making of the MTP Act 1971 to the promulgation of MTP (Amendment) ACT 2021.

She also discusses the role of the Indian Judiciary, society and several administrative issues, which kept India from realising a woman’s choice and agency over her own body.

Arbitration and Conciliation (Amendment) Act 2021: Legislative Commentary

On November 4, 2020, the Government had promulgated the Arbitration and Conciliation (Amendment) Ordinance. Earlier this year in March it repealed the ordinance and replaced the same with Arbitration Conciliation Act’21. It is discerned in the ‘Statement of Objects and Reasons’ of the Amendment that these changes are made to eradicate corruption. Rajrishi Ramaswamy decodes the 2021 amendment and compares their need in light of the Arbitration Act and previous amendments.

Right to Healthcare For Prisoners during COVID-19: Overcrowded and Suffocated

At the onset of May, the Supreme Court ordered the release of prisoners due to the second wave of COVID-19. Only last year the court had order states to establish a High Powered Committee to ensure decongestion of prisons. But with a slump in cases, many high courts across India ordered prisoners to surrender and return. Despite the surge in cases, the infirm condition of Indian prisons such as overcrowding and poor medical facilities continues to be a norm. Can the latest order by the Apex Court bring about any substantial change in prisons?

What Is Excessive Maritime Claim? Why did U.S. Navy Accuse India of It? Academike Explainer

Earlier in April this year, the U.S. Navy Seventh Fleet passaged Indian waters, accusing India of ‘excessive maritime claims’. Despite the presence of UNCLOS, the United States tends to present itself as the high cop. Ankita Ravikumar dives deep into the conflict, the role of UNCLOS and the reasons for repeated interventions by the U.S.

Detention Centres in India: Do We Reek of Human Rights Violation?

Three staples for constructing detention centres in India include law, state and ‘illegal migrants’. These, along with bricks, cement and mortar, build suffocated cubicles, cramped by many who fail to prove their citizenship. In trying to establish their linkages with the state and in prooving bloodlines on paper, many succumbed to legal and administrative machinery.
Deepanshi Mehrotra tells the story of violations and confinement and an increasing number of detention centres in India despite COVID-19.

Black Marketing Lives: India’s Failure To Battle COVID-19 and Its Effects

During the second wave of COVID-19 in India, we are witnessing more than just the government’s failure. We are witnessing apathy; we are witnessing black marketing and hoarding of essential medical supplies. Despite the urgent demand for oxygen and life-saving drugs, India is choking under the weight of bureaucracy and sluggish governance. Jaibatruka Mohanta details the despair of the desperate and the pitiful state of India.

Moral, Social and Legal Lens: The Rights of LGBTQIA+ Community in India

Even after Section 377 was decriminalised in India, homosexuality continues to be a taboo subject. And the LGBTQIA+ community continues to face social ostracization, one that is offered from within and outside the family. The present commentary by Disha Pathak briefly discusses society’s obsolete lens on homosexuality and the judiciaries’ own flaws in realising the 2018 Judgement.

Death Penalty, Collective Conscience and Durkheim: Who Is Shocked?

The Indian Courts have often attributed death sentence to the collective conscience and its state of shock. Although many countries have abolished capital punishment, India seems to be rooting for its continuance. Srinithi Sreepathy explains what Emile Durkheim meant by ‘collective conscience’, and if the phrase has attained a newer meaning in Indian courts.

A Discourse of One’s Own: Unfiltered Anecdotes by Women in Law

Words like misogyny, patriarchy, male dominance, sexism and many more are synonymous with gender inequality. No matter their weight, these words can never be exhaustive of a women’s experience with discrimination. The language of subordination is often controlled by masculine figures. In its place, we bring to you the language of resistance narrated by women in the courtrooms. In a survey conducted by Lawctopus and Academike, several women voiced their interactions with the law and society. By Sanya Arora and Sonali Chugh.

Analysis: No COVID-19 Vaccine for Asylum Seekers and Refugees in India?

Asylum seekers, undocumented migrants, refugees and displaced persons. These are some categories of residents or non-citizens who are unrecognised by the state. Though visible as illegal migrants, their invisibility is jarring in terms of their inclusion in governmental schemes. Despite residing in India for years, most of them don’t have documents to establish their identity. Deepanshi Mehrotra analyses if refugees and asylum seekers will be able to access the COVID-19 vaccine. 


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