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Law

Issue Articles

Exodus Constitutionalism

Mass Migration in Covid Lockdown Times
Multiple disasters and mass catastrophes have been on display in the migrant crises following the Covid-19 lockdown. In its light, India’s constitutionalism might be called ‘Exodus Constitutionalism’, a development that threatens to devalue citizenship.

Migrants Workers, the Lockdown and the Judiciary

The millions of migrants who have lost their livelihoods have a fundamental right to a life of dignity. The refusal of the Government of India to provide comprehensive support and the Supreme Court’s ruling on a petition seeking relief have left them adrift.

Justice and Rights In Viral Contexts In India

There are dimensions of justice, human rights and constitutionalism that need to guide governments when there is a public health emergency as with Covid-19. The focus has to be on the right to health, empathy for the working poor and ethical state practice.

Consent and Privacy in the Age of Digital Technology

When Big Data reigns and the economy relies on mass surveillance and data collection, will humans end up as Pavlov’s dogs? Taking back control of our data will require rebuilding digital technologies to make them compatible with greater democratic control.

'Collective Conscience'

A Benchmark for Sacrifice?
To cite the doctrine of ‘collective conscience’ to justify capital punishment as for the convicted rapists in the Nirbhaya case is to reduce justice to revenge and bloodlust.

The Ayodhya Verdict Dissected

A close analysis of the Supreme Court's final judgement on the Ayodhya dispute that has been criticised as much as it has been praised for how it has brought about closure

Mahatma Gandhi Would Have Approved

On the 72nd death anniversary of Mahatma Gandhi, we can state that the Mahatma would have supported the peaceful nation-wide protests against measures that would discriminate between citizens based on their religion, protests led by students and women.

Three Streams in the Anti-CAA Movement

The protestors in the north-east, the Muslim community and a vast number of agitating students are all united against the CAA. But there are differences among them that they must be sensitive to; they must show unity lest the ruling regime divides them.

Why the CAA Violates the Constitution

‘A reasonable analysis based on primary legal principles, on the Constitution’s language and on the Court’s own past decisions, will show us that the CAA … infracts fundamental rights, in particular the guarantee of equal treatment contained in Article 14.’

Statements Against CAA/NRC & Police Violence

Many student & other groups have made statements condemning the Citizenship Amendment Act/National Register of Citizens, & the police brutalities at Jamia Millia Islamia & Aligarh Muslim University. Here is the full text of statements & all the signatories:

Faith-based Citizenship

The Dangerous Path India is Choosing
The Citizenship Amendment Bill and the pan-Indian National Register of Citizens mark a foundational shift in the Indian conception of citizenship, providing paths to citizenship for some and driving others on to paths to statelessness.

The Republic and the Kashmir Valley

From Federalism to “Internal Colonisation”
India’s political experiment over seven decades had shown that federalism can accommodate diverse policies for diverse identities and thus strengthen democracy in a plural society. That has now been set aside by the Government of India’s actions in Kashmir.

Defanging RTI, Step by Step

Ever since the Right to Information Act was enacted in 2005 there have been continuous attempts to dilute this potentially powerful law. The dilution has come from government action as well as by judicial interpretation.

Data Localisation: Mercantilism in a Networked World

The deep insecurity of nation-states in a networked world makes governments demand that internet data be retained in the country where it is generated. India’s approach is in line with this approach but the idea of “data sovereignty” is meaningless today.

The Enduring Constitution

Two recent books that talk about India’s Constitution as a people’s charter and its transformative character remind us why it remains an enduring document.

The Crisis of Citizenship in Assam

Autonomy and social justice are often in a tense relationship in Assam. While the demands for autonomy reflect the desire for territorial control over land, demands for social justice reflect an insistence on citizenship and equality under constitutional law.

Fraternity: The Missing Link of India’s Democracy

Fraternity—bandhuta—is the most radical and important idea of our times, the necessary foundation to fight all the world’s injustices, hate and inequalities.
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