Constitutional Law Society, National Law University Odisha

Greetings! We are pleased to share our latest blog. The Author, Varenya Singh, examines the FRBM framework post 2009. It starts with a discussion of the evolution of the Act. It then discusses the logic of fiscal federalism adopted in the Indian constitution - along with its statutory contortions. It problematises the erosion of state fiscal autonomy in the context of the FRBM Act. Finally the piece speaks of the feasibility of balancing fiscal prudence with sub-national fiscal autonomy within the constitutional framework.. Read the blog at- https://lnkd.in/g2u82-Pj

Dear All, We are thrilled to invite you to an online Guest Lecture with Mr. Abhinav Sekhri. Mr. Sekhri is an esteemed legal professional, widely recognized for his expertise in criminal law, evidence and procedure. The Society is elated to host such an eminent figure, who shall delve into the theme of “India's Three New Criminal Laws Overhaul: A Fresh Coat of Paint or a Missed Opportunity for True Reform? - Analysing its Impact on Personal Liberty and Freedom.” Abhinav Sekhri is a distinguished lawyer based in Delhi. He is well renowned for his expertise in criminal law and his unwavering commitment to legal scholarship. A graduate of the National Law School of India University (NLSIU) Bangalore, he represented his college twice at the Philip C. Jessup International Moot Court Competition, with his team winning the title in 2013. He has continued to excel in the legal field, having established his practice as an advocate across the Delhi District Courts and Delhi High Court. His career is marked by a dedication to legal excellence, reflected in his engagement with complex issues in criminal law and procedure. He is also deeply engaged in academic writing, as is evident through his contributions to a number of well-known legal blogs, where he explores intricate issues in criminal law and constitutional law. He is an active contributor to Article 14, a platform dedicated to addressing threats to justice, deficiencies in the legal system, and highlighting crucial trends. Date: 30th September, 2024 (Monday) Time: 5-6 PM Platform: Google Meet (https://lnkd.in/gvBsr_ap) This lecture is a rare opportunity to gain firsthand insights into the discourse on judicial accountability and electoral integrity in our country. Mr. Sekhri, through this lecture, aims to share his experiences, dissect the Supreme Court's recent decisions, and discuss the critical role of the Election Commission in safeguarding democracy. His perspectives are bound to inspire individuals to engage with the issues that are shaping the nation's future. We look forward to your enthusiastic participation at the event.

Greetings! We are pleased to share our latest blog. The Author, Priyal Jain, in this article, delves into the constitutionality of psycho-analysis tests within criminal investigations in India. It critically examines the conflict between these investigative tools and the fundamental rights against self-incrimination [Article 20(3)] and the right to privacy [Article 21] under the Indian Constitution. The author argues that justice should be served while balancing state interests with individual freedoms. Read the blog at- https://lnkd.in/gMYC3wTM

Greetings! We are pleased to share our latest blog. The Author, Aakash Dwivedi writes this article in two parts. This article examines the constitutional implications of non-deliberative legislative processes in India, focusing on recent controversial laws like the electoral bonds scheme. It argues that deliberation is integral to parliamentary democracy and proposes that courts should be empowered to review legislative processes on grounds of non-deliberativeness to uphold constitutional values and improve democratic outcomes. Read the blogs at- Part I: https://lnkd.in/g3fdGH7q Part II: https://lnkd.in/gk98T7MK

Greetings! We are pleased to share our latest blog. The Author, Akshat Agarwal, talks about how the concept of intersectionality continues to elude judges. While the concept has been applied in a few Supreme Court judgements such as Patan Jamal Valli and Navtej Johar, it is still not easy to understand ‘how’ courts should apply intersectionality. In this article, the Author focuses on the M. Sameeha Barvin v Joint Secretary case from the Madras High Court that throws light on intersectionality. The Author argues that the case acts as an instructive manual on how courts can apply intersectionality in matters of discrimination. Read the blog at- https://lnkd.in/g5XxMxTg

Greetings! We are pleased to share our latest blog. The Author, Ujjaini Biswas, talk about how till date, marital rape is not considered a crime in India. Through the article, the Author aims to explain why the judiciary needs to urgently intervene and declare marital rape as unconstitutional. Taking the marital status of the perpetrator and the victim as a defence, the consent of a woman to sexual intercourse has been repeatedly de-prioritised by various High Courts in recent times. Further, the Author analyses some cases to show how consent cannot be easily detected, but a look into the totality of the circumstances helps determine the same. Lastly, the Author provides suggestions for dealing with marital rape as an offence. Read the blog at- https://lnkd.in/gk-XGhkr

Greetings! We are pleased to share our latest blog. The Authors ,Snigdha Ghose and Mohak Chaudhary talk about the concepts of languange and dialects in defining and shaping every person's life. It is a haven for culture and educational systems in addition to being an effective communication tool. Life's many activities and components are derived from one's mother tongue. By providing people and communities with the requisite skills, that have been accruing and developing over centuries, language helps them in becoming accustomed to their surroundings. The last few decades have borne witness to the disappearance and even extinction of some of these minority languages as a consequence of a lack of adequately formulated provisions and discrimination. The Article aims to decipher the philosophy of Commissions meant to protect linguistic minority rights and the repercussions it has on the education sector of vulnerable sections, especially the tribal people. It also contains certain recommendations in order to combat the problem of the endangerment of languages in hopes of safeguarding India's rich cultural heritage. Read the blog at- https://lnkd.in/gpcqnZ4z

Dear All, In furtherance of our vision of promoting discourse and understanding around the various developments in the field of constitutional law and their significance, the Constitutional Law Society cordially invites all students of law to participate in the 2nd NLUO-CLS Essay Writing Competition. The competition aims to provide a platform for students to contribute to discourse around various critical legal topics, ranging from the tussle between judicial activism and judicial legislation to the imperative role played by the Constitution in good governance. A detailed list of themes and other guidelines have been provided in the Competition Brochure. The registration fee is as follows: Single Authorship: ₹200 Co-Authorship: ₹300 After payment, kindly register your participation at https://lnkd.in/g42iQDZJ. For submitting your manuscript after successful registration, please visit https://lnkd.in/ghwiBDRq. Should you have any questions or require further information, please do not hesitate to contact us at editorial.cls@nluo.ac.in. We look forward to your enthusiastic participation!

Greetings! We are pleased to share our latest blog. The Author, Sourodeep Paul, analyses the historical verdict of the Supreme Court's landmark decision in the Delhi water crisis case. The author attempts to decode certain aspects of the judgement, focusing on its directive to release Yamuna river water amid acute scarcity in the capital. It examines the legal intricacies surrounding the Court's jurisdiction, the implications for water management, and the dynamics of inter-state water disputes. Central to the discussion is the debate over whether the Court's intervention signifies judicial activism or exceeds its constitutional mandate. By analyzing these complexities, the Article underscores the judiciary's role in ensuring equitable outcomes and protecting fundamental rights in critical public interest matters. Read the blog at- https://lnkd.in/geyXXf45

Greetings! We are pleased to share our latest blog. The Authors, Sanvi R. and Ishita Rajput, analyse the recent enactment of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023 which has gathered significant attention and controversy, particularly due to its apparent contradiction with a recent Supreme Court judgment. This article provides a comprehensive analysis of the Act, highlighting its significant provisions and exploring its legal and constitutional implications. By examining the Act in detail, the article explains the potential repercussions of the legislation and its alignment, or lack thereof, with constitutional principles. This analysis is essential to understand the broader impact of the Act on the electoral framework and democratic processes in India. Read the blog at- https://lnkd.in/dK2zZrUS