Comparative Bicameralism: A Survey of Global Approaches
Bicameral relations are not static and the longer-term trend has been for upper houses to become less influential.
India
Proportionality and Constitutional Review
There is a temptation to think that issues of normative choice and balancing are more complex in public than private law. This should be resisted.
Reinvigorating Bicameralism in India
The bicameral structure of government was constitutionally designed to serve functions that enhance the autonomy of the individual.
Proportionality in India: A Bridge to Nowhere?
The Indian Supreme Court’s invocation of the structured proportionality test is a bridge to nowhere....
The Judicial Role in the Surveillance State
The courts’ responsibility to check abuses of power is heightened in a context where secrecy reigns....
The Surveillance State, Privacy and Criminal Investigation in India: Possible Futures in a Post-Puttaswamy World
With a strong conception of privacy focussed on individual liberty after Puttaswamy, there is now a starting point for insisting on judicial oversight of surveillance.
New Beginnings: Indian Rights Jurisprudence After Puttaswamy
Puttaswamy opens up the possibility of Constitution 3.0 that places the individual at the center and through a culture of justification prevents the State or social power from overwhelming the...
COVID-19 and the Curious Case of Continued Detention of ‘Foreigners’ in India
On 13 April 2020, the Supreme Court of India ordered that ‘foreigners’ who had been detained for at least two years in the state of Assam would be eligible for...
Does India’s covid-19 Contact Tracing App Violate Digital Rights?
On 14 April 2020, during his speech on the extension of the lockdown in India, Prime Minister Narendra Modi urged citizens to download the Aarogya Setu app to supplement the...
Covid-19, Patents and Access to Medication in India
The Covid-19 pandemic is spreading rapidly across India. India has had a long-drawn struggle around affordable universal healthcare and this disease would be a tough test for its resources. Covid-19...
Covid-19 and Rights of Persons with Disabilities in India
Covid-19 is not uniform in its impact. Persons with disabilities are disproportionately affected by the pandemic. Those with underlying health complications face higher risks of severe illness and fatality. Persons...
The Need for Empathy: Understanding India’s COVID-19 Lockdown (with Kalpana Kannabiran)
“The question really, for me, is not so much one of the degree of deference that courts should grant the State, but the degree of empathy the court demonstrates towards...
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