Blog of the International Journal of Constitutional Law

Tag: India

  • Love Jihad Law: Aggravating the Plight of Interfaith Couples

    —Manisha Aswal, LL.M. Candidate, National Academy of Legal Studies and Research, Hyderabad, India. India is witnessing a surge in the number of anti-conversion legislations. Following in the footsteps of other Indian States like Uttar Pradesh and Madhya Pradesh, the State of Gujarat (‘the State’) implemented an anti-conversion law called the Gujarat Freedom of Religion (Amendment) Act, 2021 (‘2021 Amendment’) on 15 June 2021.

  • Digital Constitutionalism and the Right to Protest Online – A Political Perspective of Digital Dissent from India’s experience with Content Moderation

    —Lucas Henrique Muniz da Conceição, LL.M. at Birkbeck, University of London and Shailesh Kumar, Ph.D. Candidate at Birkbeck, University of London. At the end of January, Twitter was involved in a political conundrum in India, because it complied with the government request to ban controversial hashtags, users, and tweets from its platform.

  • Indian Court Recognizes Rivers as Legal Entities

    —Vrinda Narain, Associate Professor and Associate Dean Academic, Faculty of Law, McGill University On March 20, 2017, the Uttarakhand High Court in Nainital, India, ruled that the rivers Ganges and Yamuna are legal entities.[1] This remarkable decision came just five days after the New Zealand Parliament passed a Bill recognizing the Whanganui River as a legal entity.[2]

  • Naz Foundation III

    —Rosalind Dixon, Professor of Law, UNSW Australia Faculty of Law; Rishad Chowdhury, Partner, Verus Advocates, Delhi. The Indian Supreme Court is soon likely to hear Curative Petitions challenging its judgment in the Naz Foundation case [available at http://judis.nic.in/supremecourt/imgs1.aspx?filename=41070], which reversed the judgment of the Delhi High Court partially striking down Section 377 of the Indian Penal Code (and thus, effectively, re-criminalized private, consensual sexual intercourse by gay men).

  • Crown Immunity After the End of Empire in Hong Kong and India

    —Christopher Forsyth & Nitish Upadhyaya, University of Cambridge Cross-posted from the Blog of the UK Constitutional Law Group Crown Immunity is a recondite branch of Public Law that seldom makes an appearance in the Law Reports but it does potentially raise grave constitutional issues.

  • Should the Unconstitutional Constitutional Amendments Doctrine be Part of the Canon?

    —David Landau, Florida State University College of Law The concept of substantively unconstitutional constitutional amendments, for example in the Indian “basic structure” doctrine, presents one of the strangest puzzles in comparative constitutional law. It raises obvious and substantial problems from the standpoint of democratic theory, raising a kind of ultimate counter-majoritarian difficulty.

  • Just Deserts or Honor at Stake? India’s Pending Judicial Standards and Accountability Bill

    –Nilesh Sinha In recent history, India’s constitutional adjudication has been amongst the most active in the world. Following its shameful capitulation before Indira Gandhi during the Indian emergency, the Supreme Court of India developed the tool of Public Interest Litigation (whereby a court can deliver prompt social justice, at times by taking up a matter suo motu) and has come to be noted for its interventionist and creative style of functioning.[i]