Can Constitutional Courts Direct Policy Making? Examining Recent Judicial Trends
Can Constitutional Courts Direct Policy Making? Examining Recent Judicial Trends Abstract A balance should be maintained among the three organs of the Indian Government – the Legislature, the Executive and the Judiciary. The legislature makes laws while the executive makes policies. While the legislature enacts laws, the executive frames policies. The role of the judiciary, […]
Whose Land, Whose Voice? Environmental Protests, Public Hearings and Community Standing in Development Law
Whose Land, Whose Voice? Environmental Protests, Public Hearings and Community Standing in Development Law By Sanjay Kumar Pilla | Topic: Environmental Law and Public Interest Litigation Practice Area: Environmental Law, Constitutional Law, Administrative Law and Community Rights PART I: Introduction India’s development story has been built around large projects. Roads, ports, mines, power […]
Risk Assessment Before a Protest: Mapping Legal, Medical, Security and Reputational Threats
ABSTRACT The right to assemble peacefully and voice public grievances sits at the very heart of democratic citizenship in India. Yet, transforming collective sentiment into an organized public march, rally, or sit-in involves far more than public speeches and banner printing. Organizers must navigate a web of statutory mandates, administrative hurdles, crowd safety dynamics, and […]
Misinformation and Rumours during Civil Unrest: State Response without Unconstitutional Censorship
Misinformation and Rumours during Civil Unrest: State Response without Unconstitutional Censorship Keywords: Information Integrity, Misinformation, Civil Unrest, Freedom of Speech, Digital Governance, Constitutional Law. Abstract During episodes of civil unrest, such as riots, protests, and communal violence, misinformation and rumours travel faster than verified facts, often through social media and messaging apps, and this can […]
Preventive Detention of Activists before Protests: Constitutional Safeguards and Misuse Concerns
Preventive Detention of Activists before Protests: Constitutional Safeguards and Misuse Concerns Abstract Preventive detention constitutes one of the most exceptional powers vested in the executive, permitting the restriction of personal liberty without a criminal conviction. Although Article 22 of the Constitution of India recognizes preventive detention, it also prescribes procedural safeguards to prevent arbitrary State […]
Protest Without Fear? Comparing Legal Limits on Freedom of Assembly in Four Constitutional Democracies
The Legal Landscape of Protest Abstract The right to protest occupies a paradoxical place in modern constitutional democracies: celebrated as the lifeblood of participatory governance yet treated with suspicion as a source of disorder. This paper compares how India, the United Kingdom, the United States and South Africa regulate public protest, tracing the constitutional or […]
Duties and Potential Liability of Protest Organisers for Crowd Conduct and Public Safety
Introduction The right to protest is constitutionally protected and politically foundational. A democracy without effective channels for popular dissent is a democracy only in form, and the Supreme Court of India has repeatedly affirmed that the freedom to assemble and to express collective grievance falls within the core of the fundamental rights guaranteed by Articles […]
CAT vs SAT Lucknow: Where Should You File a Termination or Suspension Case in Uttar Pradesh? — Complete Legal Guide
If you are a Central Government or Uttar Pradesh Government employee facing termination, suspension, disciplinary proceedings, promotion disputes, transfer issues, or pension-related matters, one of the first questions is: Should the case be filed before the Central Administrative Tribunal (CAT) or the Uttar Pradesh State Public Services Tribunal (commonly referred to as UP SAT)? Choosing the correct forum […]
Death Penalty in India: Constitutional Validity v. Human Rights
Introduction: As per the current scenario, we are noticing that the crime rates are increasing day-by-day in a brutal manner. We are evidencing, the most heinous crimes in our surroundings, whether it is murder, rape, kidnapping, torture, dowry death, terrorism, gang rape, acid attacks, child abusing …etc and in recent times we have been witnessed […]
Farmers’ Protests and Highway Occupations: Livelihood Claims, Mobility Rights and Negotiation
Abstract When farmers block a national highway to demand better prices for their crops, two important rights come face to face: the farmers’ right to protest peacefully and the general public’s right to move freely on public roads. This article looks at farmers’ protests and highway occupations in India as a distinct form of protest, […]