constitutional-law

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Shruti Tripathi, Institute of Law, Nirma University ABSTRACT The following Case comment is about one of the most landmark Judgments in India’s Constitutional Jurisprudence. The point in question is individual rights like equality and liberty, on the one hand and Group Rights, specifically in the particular case with regard to the rights of religious denominations. The debate is about the ‘Essenti…

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Kshitij Saruparia, B.A. LL.B. (Hons.), NALSAR University of Law ABSTRACT In July 2025, the Supreme Court directed the Speaker of the Telangana Legislative Assembly to decide ten pending anti-defection petitions within three months. The Speaker complied. By March 2026, every petition had been dismissed for want of "conclusive documentary or legally sustainable evidence" that the ten members had de…

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Journal of Legal Education
Journal of Legal Education
Journal of Legal Education

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Aminpalli Sai Sharath Nihar, India Institute of Legal Education and Research ABSTRACT This article traces the profound transformation of parliamentary privilege in Indian constitutional law by explaining the Supreme Court’s landmark decisions in ‘M.S.M. Sharma v. Sri Krishna Sinha (1959) and P.V. Narasimha Rao v. State (1998)’. For decades following the Sharma judgment, legislative privilege unde…

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Debangan Malo, B.SC. LLB (Hons), The West Bengal National University of Juridical Sciences (NUJS), Kolkata. Rupkatha Banerjee, B.A. LLB (Hons), KIIT School of Law, KIIT University, Bhubaneshwar ABSTRACT This paper explores the concept of Judicial Activism in India and focuses on whether it is truly a constitutional necessity or an avoidable democratic overreach. It reviews the growth and developm…

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Journal of Legal Education

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University of Cincinnati College of Law Scholarship and Publications

Recommended Citation Jacob Davenport, Injury-in-Fact of Nothing: Why Federal Courts Cannot Certify Classes with Uninjured Members After LabCorp, 94 U. Cin. L. Rev. 1184 () Available at: https://scholarship.law.uc.edu/uclr/vol94/iss4/8 Included in Civil Procedure Commons, Constitutional Law Commons, Jurisdiction Commons, Jurisprudence Commons, Legal Remedies Commons, Litigation Commons, Supreme Co…

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Akanksha Ravindra Karankal, B.B.A. LL.B. (Hons.), Maharashtra National Law University Chhatrapati Sambhajinagar ABSTRACT The Indian Supreme Court has been transformed due to post-emergency era into a proactive interpreter of constitutional rights, generating the phenomenon broadly termed judicial activism. While the Court's expanded role has reinforced democratic accountability and enlarged the p…

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Prem Raj N S B, LLB (Hons), Vinayaka Mission’s Law School, Chennai Bharaniha A, LLB (Hons), Vinayaka Mission’s Law School, Chennai Muthusamy E, LLB (Hons), Vinayaka Mission’s Law School, Chennai ABSTRACT This research explores the transformative intersection of Private International Law (PIL) and the doctrine of Constitutional Morality, arguing that fundamental values equality, liberty, and digni…

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Dumpala Jahnavi Bharadwaj, Maharashtra National Law University, Nagpur 1. INTRODUCTION Constitution is a supreme law of land it is the fundamental set of rules and regulation that define how a country is governed it outlines the structure and powers of the government establishes the rights and duties of the citizens. It can be unwritten and unwritten form. ARISTOTLE: He defined constitution as a …

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Dr Rajib Hassan, Assistant Professor of Law (Stage III) under Higher Education Department, Government of West Bengal posted at Government Centre of Legal Education (Formerly PG Department of Law, Hooghly Mohsin College), Chinsurah Hooghly 712101, West Bengal, India ABSTRACT The Constitution of India guarantees the Right to Equality through Articles 14 to 18. The Preamble to the Constitution of In…

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Anshika Tomar, Amity Institute of Advanced Legal Studies, Amity Law School, Noida ABSTRACT Uniform Civil Code, known as “UCC” is a directive principle mentioned in our Constitution which is enshrined under Part IV Article 44. It states that “the state shall endeavour to secure for the citizens a uniform civil code throughout the territory in India.” The framers deliberately put UCC in the Directi…

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Riya Anam, Dipti Parab & Anushka Sangale, KES’ Shri Jayantilal H. Patel Law College ABSTRACT When the solution to a legal issue is governed in a different way for one community or other for another community, then the consistency and rightfulness is to be questioned. This issue keeps popping up in the ongoing debate over the Uniform Civil Code (UCC), which aims to create a single set of laws …

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Kumar Kartikeya, PhD Scholar, Research Scholar, Department of Law, NIMS University Ashwani Kumar, LL.M. Department of Law Dr. Harisingh Gour Central University Sagar M.P ABSTRACT The issue of criminalization of marital rape in India has emerged as one of the most contentious debates in contemporary constitutional law. While rape outside marriage is a punishable offence under the Indian Penal Code…

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Saim Adnan Khan, Amity University, Noida ABSTRACT Moral policing in India exists in a grey area between law and social control and does not have a legal category but is very powerful in shaping and controlling individual behaviour. It is often defended by the concept of decency, security or social order and goes beyond what is acceptable to control to the area of individual choice. The current pa…

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Athul A K, Gujarat National Law University ABSTRACT Nations around the world, particularly the global south, have used constitutional as an emancipatory tool to transform the society, by healing the wounds of the past and guide towards a better future. This paper examines the transformative role played by the constitution in global south nations, specifically: India, South Africa and Brazil. This…

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Riddhi Chaurasia, LLM (Constitutional Law), Amity University, Lucknow Dr. Axita Shrivastava, Associate Professor, Amity University, Lucknow ABSTRACT The Separation of Powers Doctrine is one of the key foundational principle of constitutional law that ensures the allocation of government functions among three independent organs — the legislature, the executive, and the judiciary — in order to avoi…

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University of Cincinnati College of Law Scholarship and Publications

Recommended Citation Dominic Roschival, Broadcasting Bigotry: A Proposal to Revive Group Defamation and Hold Modern Media Accountable for the Disparagement of Asian Americans, 94 U. Cin. L. Rev. 827 (2026) Available at: https://scholarship.law.uc.edu/uclr/vol94/iss3/7 Included in Civil Rights and Discrimination Commons, Constitutional Law Commons, First Amendment Commons, Law and Politics Commons…

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