Constitution Archives - Page 37 of 166

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Hate Speech Vs. Free Speech: A Constitutional and Legal Balancing Act

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Published on: 30th November 2025 Authored By: By Vaibhav Rajak Trinity Institute of Professional Studies, Dwarka, New Delhi Abstract The conflict between the fundamental right to freedom of speech and expression (Article 19(1)(a)) and the imperative of communal harmony is a critical constitutional dilemma in India, structurally addressed by subjecting the right to the exhaustive […]

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Genocide and International Justice: Legal Accountability in Gaza, Myanmar, and Beyond

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Published on: 29th November 2025 Authored By: Risuna Caswell Mabasa University of Johannesburg Introduction Genocide, widely recognized as the most egregious violation of international law, is referred to as the “crime of crimes”.[1] The ban on genocide holds fundamental importance, having both jus cogens status (peremptory norm) and establishing obligations owed erga omnes partes (to

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Climate-Linked Insurance in India: A Legal Policy Revolution in 2025

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Published on: 29th November 2025 AUTHORED BY: ARCHEE SAMAIYA KLE SOCIETY’S LAW COLLEGE, BANGALORE Abstract Climate change has intensified the frequency and severity of natural calamities in India, pushing traditional disaster-relief mechanisms beyond their capacity. In 2025, India beganexploring climate-linked or parametric insurance as a new approach to climate resilience and risk management. Unlike conventional

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ARNESH KUMAR V. STATE OF BIHAR

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Published on: 28th November 2025 Authored by: Ojasvi Sharma Banasthali Vidyapith INTRODUCTION Arnesh Kumar v. State of Bihar (2014) 8 SCC 273 stands as a landmark judgment that fundamentally reformed arrest procedures in India, particularly in cases under Section 498-A of the Indian Penal Code (marital cruelty). Recognizing the widespread misuse of arrest powers by

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CASE SUMMARY: OLGA TELLIS V BOMBAY MUNICIPAL CORPORATION

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Published on: 26th November 2025 Authored by: Anoop Kumar University of Lucknow Case Title: Olga Tellis v Bombay Municipal Corporation (1985) 3 SCC 545. Citation: AIR 1986 SC 180, (1985) 3 SCC 545. Court: Supreme Court of India. Bench: YV Chandrachud CJI, AM Ahmadi, MP Thakkar, DN Bhagwati, and VV Muralidharan JJ. Date of Judgment:

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