Volume IX, Issue II

This volume is considered to be published in July 2020


The 2nd NLIU- India Foundation Constitutional Law Symposium

On March 14 and 15, 2020, the NLIU Law Review, in association with India Foundation, organized the second edition of the NLIU-India Foundation Constitutional Law Symposium. Much like the first edition of the event, the second edition saw great participation from law students, academicians, legal practitioners and professionals across the country.


The Permissible Limits of Using National Symbols during Protests in India

Ranu Tiwari, student at Maharashtra National Law University, Nagpur, discusses various legal aspects of the use of symbolic expressions.


Unbottling Dissent: Scrapping the Anti-Defection Law

Ayush Kashyap, student at Hidayatullah National Law university, Raipur, analyses different forms of censure to defections and argues that India should adopt a laissez-faire attitude towards defection.


Inseparate Powers and De Facto Offices of Profit: The Contorted Reality of Constitutional Ideals

Sehaj Singh Cheema, student at Rajiv Gandhi National University of Law, Patiala, discusses the state hierarchy at the grassroots-level, highlighting derogation from these principles in administrative practice.


Unattainable Balances: The Right to be Forgotten

Harikartik Ramesh & Kali Srikari Kancherla, students at National Law University, Delhi, write about how balancing the right of speech and expression and the right to privacy is at odds with India’s constitutional scheme and free speech jurisprudence.

The Recusal Conundrum: Analyzing the Crisis in the Indian Supreme Court

Raghav Pandey, Assistant Professor of Law at Maharashtra National Law University, Mumbai, and Neelabh Kumar Bist, a student at Maharashtra National Law University, Mumbai, analyse the conundrum pertaining to recusal and highlight take-aways for India from similar cases in other jurisdictions.


Commercial Surrogacy: A Cluster of Issues and Complexities of Rights under the Constitution of India

Shefali Kolhe & Anuj Kumar Gupta, students at Hidayatullah National Law University, Raipur, attempt to justify commercial surrogacy in light of the changing interpretation of the fundamental rights under the Indian Constitution.


Enumerating the Unenumerated: Recognising the ‘Right to be Forgotten’ in Indian Jurisprudence

Omkar Upadhyay, student at Maharashtra National Law University, Nagpur, attempts to place the ‘right to be forgotten’, a right created by western jurisprudence, in the Indian legal context and discusses the possible conundrums associated with it.


Recusal of Judges – A Step Towards Impartial Adjudication

Tanya Tekriwal & Shilpi, students at the National University of Study and Research in Law, Ranchi, write on the importance of recusal and how it ensures judicial independence and impartiality.


Demosprudence and the Indian Supreme Court: Shaping the Contours of the Transformative Constitution

Isha Rai & Janhvi Tripathi, students at Faculty of Law, Banaras Hindu University, discuss the concept of ‘demosprudence’ or democratically-oriented judicial creativity.



Legislative Comments

The Citizenship (Amendment) Act – A Constitutional Defence

Rahul Nair, student at National University of Advanced Legal Studies, Kochi, attempts to defend to the Citizenship Amendment Act, based both on the low threshold of constitutionality and the relatively higher threshold of best practices found in international law.


Transgender Rights – An Ongoing Wrangle

Indra Kumar Lahoti & Nitisha Agrawal, students at Hidayatullah National Law University, Raipur, scrutinise the Transgender Persons (Protection of Rights) Act, 2019 and provide an insight into the violence and discrimination faced by transgender persons.