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Armed Forces (Special Powers) Act (AFSPA): A Critical Analysis

The Armed Forces (Special Powers) Act (AFSPA) has been one of the most contentious laws in India, often criticized as draconian and unconstitutional by various states and human rights organizations. Originally enacted to curb insurgency and maintain public order, AFSPA grants sweeping powers to the armed forces, including the right to shoot to kill, arrest…

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Cyber Crimes in India: Need for Stringent Laws

Introduction With the rapid digitization of services and increasing reliance on technology, cyber crimes in India have surged at an alarming rate. From financial frauds to data breaches, identity theft, and cyber terrorism, India faces numerous cyber threats that demand immediate attention. Despite existing legal frameworks like the Information Technology (IT) Act, 2000, and sections…

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Citizenship Amendment Act (CAA), 2019: Provisions, Objectives, and Controversies

Introduction The Citizenship Amendment Act (CAA), 2019 is a significant amendment to the Citizenship Act of 1955. This Act aims to provide a fast-track citizenship process for certain persecuted minorities from Pakistan, Afghanistan, and Bangladesh who entered India before December 31, 2014. The Act has sparked widespread debate, with supporters viewing it as a humanitarian…

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Role of the National Human Rights Commission (NHRC) in India

Introduction The National Human Rights Commission (NHRC) of India plays a pivotal role in upholding and protecting human rights in the country. Established on October 12, 1993, under the Protection of Human Rights Act (PHRA), 1993, the NHRC serves as an independent statutory body tasked with safeguarding the fundamental rights of individuals. Its primary mission…

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Government Sanction for Prosecuting Corrupt Officials: Protection or a Shield for Corruption?

Introduction Corruption is one of the most pressing challenges in governance, undermining public trust and hindering national development. In many countries, including India, prosecuting corrupt government officials requires prior sanction from the government or a competent authority. While this provision is intended to protect honest officials from frivolous accusations and politically motivated harassment, it has…

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Evaluating Public Interest Litigation: Scope, Challenges, and Judicial Restraint

Public Interest Litigation (PIL) has become an essential aspect of India’s judicial system, allowing individuals and groups to approach the courts for the protection of public rights and social justice. The concept of PIL revolutionized the legal landscape of India by expanding the scope of access to justice and addressing issues that directly or indirectly…

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Judicial Activism in India: Impact on Executive-Judiciary Relations

Introduction Judicial activism refers to the proactive role played by the judiciary in interpreting and enforcing constitutional principles, often stepping beyond its traditional function of adjudicating disputes. In India, judicial activism has emerged as a critical element of governance, shaping policies, enforcing fundamental rights, and influencing public administration. This phenomenon has significantly impacted the delicate…

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Nation and Citizenship in the Age of Communalism: A Critical Examination

Introduction The concepts of nation and citizenship have been integral to political and social discourses across the world. A nation is often defined as a group of people sharing common cultural, historical, linguistic, and sometimes religious attributes, bound together by a collective identity. Citizenship, on the other hand, refers to the legal and political status…

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Citizenship Amendment Act and Inclusive India

Introduction The Citizenship Amendment Act (CAA), enacted in December 2019, has been one of the most debated legislative measures in India’s recent history. The Act amends the Citizenship Act of 1955 and provides a fast-track route to Indian citizenship for persecuted religious minorities from Pakistan, Bangladesh, and Afghanistan—specifically Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians—who…

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