Constitution Archives - Page 10 of 174

Doctrine of Proportionality in Indian Constitutional Law

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Published On: March 13th 2026 Authored By: Sohani Sah Maharishi Arvind University Abstract Constitutional adjudication in India frequently involves a delicate balance between individual rights and collective State interests. The Doctrine of Proportionality has emerged as a crucial tool of judicial review, seeking to ensure that State action does not impose excessive or arbitrary restrictions […]

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MARITAL RAPE EXCEPTION IN INDIA: CONSTITUTION SILENCE OR JUDICIAL EVASION?

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Published On: March 13th 2026 Authored By: Charul Rathore Indore Institute of Law Abstract The marital rape exception under Section 375 of the Indian Penal Code represents one of the most persistent contradictions within India’s criminal justice system. While rape is recognised as a grave violation of bodily integrity and dignity, the law continues to

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An Analysis of the 106th Constitutional Amendment

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Published On: March 12th 2026 Authored By: Azra Fatma Aligarh Muslim University Centre Murshidabad Introduction To understand the 106th Constitutional Amendment, it is useful to first understand what a constitutional amendment is. The Indian Constitution came into force on 26th January, 1950; it has been 75 years since, and as society is dynamic in nature,

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UNCOSTITUTIONALITY OF LAWS DENYING LGBTQ MARRIAGE EQUALITY IN INDIA

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Published On: March 12th 2026 Authored By: Avilipsa Paltasingh Indore Institute Of Law Abstract This research article examines the legal, historical, and cultural dimensions of same-sex marriage in India, along with the opportunities and obstacles to its legal recognition. Although ancient Indian writings acknowledged diverse sexual orientations and gender identities, colonial-era laws, especially Section 377

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Regulation of Digital Media and Freedom of Expression in India: Legal Developments and Judicial Trends (January 2025 – January 2026)

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Published On: March 12th 2026 Authored By: Swarnali Sen KIIT SCHOOL OF LAW Introduction There have been numerous debates recently among the community of constitutional law scholars regarding the interaction between the media and free speech, especially since advances in technology have created new media outlets such as internet news websites and social media sites.

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