Mr. Sayak Banerjee Introduction Before understanding the ‘internal aspect’ of rules, I think it is necessary to draw our attention to a hypothetical example that Prof. Hart uses in his book, The Concept of Law. Suppose in a society where there is an absolute monarch, who follows the Austinian way of governing people, through general commands. These commands are habitually obeyed by people. However, the community does have unity to allow the absolute monarch to be called as a state. The unity is coming from the fact that obedience is towards the same person, even though the validity is unquesti ..read more

Ms. Simran Sabharwal Abstract ‘The Theory of Justice’ by John Rawls postulates his central idea of justice using the doctrine of good and moral development. His philosophy is helping lawmakers to provide justice even today. The article will critically analyse the Rawlsian theory in the context of India and Pakistan. Both countries follow Rawls’ principle to some extent in their policies. However, due to the difference in the system of governance the presence is much more visible in India. The article will address the research question ‘Are the principles of Rawlsian equality jurisprudence trac ..read more

Mr. Sayak Banerjee                                                                                                   ..read more

Mr. Sayak Banerjee   I. Introduction With the perplexity of law and legal obligation that has enticed almost every legal philosopher for decades; the demand to contexualize for the betterment of understanding and to keep the jurisprudential discussions flowing has become increasingly important. Our earlier blog posts have dealt with Prof. H.L.A Hart’s theory in great detail, for which even Prof. Ronald Dworkin, accedes by stating that, “almost everywhere else in legal philosophy, constructive though must start with a consideration of his views.”[i] Through this series of six blog posts, I ..read more

Ms. Shailja Rawal Abstract “The worst happens when you are least expecting it” While the world is busy dealing with the COVID – 19 pandemic, is it true that Indian Government is inventing ways to curb the fundamental rights of its citizens?  One of the recent developments in this regard is launch of the mobile application Aarogya Setu which helps citizens ascertain their risks of contracting the virus. With more than 80 million people having downloaded the app, the question as to the diminishing status of fundamental rights becomes even more pertinent. One must be wondering that how the c ..read more

Sanah Javed Abstract An advancement in technology has inevitably equipped the government with new surveillance mechanism, the most prominent one being the Facial Recognition Technology [FRT]. The unfettered advancement of the use of FRT by the State machineries in India has posed multiple privacy concerns. The FRT is in line with Jeremy Bentham’s panopticon prison; its use justified due to the maximum surveillance it provides with limited resources. However, this leads to self-implication of restrictions by the citizens often to the extent of curbing speech and dissent. The author argues that ..read more

Bodhisattwa Majumder & Atisha Sisodiya Abstract The outbreak of COVID has put profound philosophical questions to a test, a test between individual interest and the common good, a test between freedom of expression and control of the digital space and a test between individual privacy and digital security. This article presents a theoretical critique of restrictive/regulatory/prohibitory measures by a state during a pandemic, with arguments stemming from the Utilitarian and Libertarian school of thought. It strives to explore whether they can achieve a perfect balance, as all things should ..read more

Ms. Jisha Garg & Ms. Anchal Bhatheja Abstract The order handed out by the supreme court regarding free Covid-19 tests on 8th April wherein it directed the private laboratories to provide free tests to all the citizens irrespective of their economic or social standing, was seen as a manifestation of judicial over-reach and was also criticised for being impractical. However, the modified version of the order wherein the court clarified that free tests were to be provided only to the economically weaker sections, was lauded for being practical as well as just. In this article, we argue that t ..read more

Ms. Anchal Bhatheja Abstract In the wake of the coronavirus outbreak, many journalists have been hounded and hauled up for reporting facts and opinions which did not appeal to the government. In the given piece, I argue that the clamp down upon the media personnel, who are critical of the government, is not something Dworkin would ever accept. It is immensely important for a constitutional democracy like ours to respect the freedoms and liberties of the individuals, even if the situations are extra-ordinary and their opinions are unpopular. In the present unproclaimed emergency, when the court ..read more

Ms. Aparna Sojan Abstract One might naturally speak of ‘my body’ and infer that, because it is ‘my body’, I can determine what is done to it or its parts. So, a typical answer to the question as to “Do you own your body?” would be “Yes, I do own my body.” Unfortunately, this is not always true. The courts have always hesitated to recognise a person’s property right over his own body and biological materials separated from him. However, it does accord proprietary interest to third parties who, with their expertise, isolate such bodily materials from a human being. With rapid advances in medicin ..read more