The Society for Constitutional Law Discussion

In this post titled “Right to Die with Dignity: A Human Right or a Legal Dilemma?”, Mansi Pathak & Riya Pimputkar (3rd-year law students, , Pune) explores the complex evolution of India’s jurisprudence on euthanasia; from early debates on the “right not to live” to the Supreme Court’s recognition of the right to die with dignity under Article 21.

The piece delves into the legal, ethical, and human dilemmas at the heart of end-of-life choices, urging a compassionate and rights-based approach for those enduring unbearable suffering.

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In this post titled “No Individual Is Left Behind: Analysing Amar Jain Judgement”, Darsh*t Agarwal (2nd-year law student at ) critically examines the Supreme Court’s recent decision in Amar Jain v. Union of India and Pragya Prasun v. Union of India.

The article explores how the Court, while recognising the RPwD Act, 2016 as a “Super Statute”, reinforced the state’s constitutional duty to ensure accessibility, inclusivity, and dignity for persons with disabilities.

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In this post titled “𝐀𝐫𝐭𝐢𝐜𝐥𝐞 143 𝐚𝐧𝐝 𝐉𝐮𝐝𝐢𝐜𝐢𝐚𝐥 𝐏𝐫𝐞𝐜𝐞𝐝𝐞𝐧𝐭: 𝐂𝐚𝐧 𝐭𝐡𝐞 𝐒𝐮𝐩𝐫𝐞𝐦𝐞 𝐂𝐨𝐮𝐫𝐭 𝐑𝐞𝐜𝐨𝐧𝐬𝐢𝐝𝐞𝐫 𝐈𝐭𝐬 𝐎𝐰𝐧 𝐉𝐮𝐝𝐠𝐦𝐞𝐧𝐭𝐬?”, ANSHID CK (4th-year law student, Faculty of Law, Jamia Millia Islamia) analyses how presidential references under Article 143 navigate the fine line between advisory opinions and judicial precedent.

The piece reflects on the Court’s role in balancing constitutional mandates with evolving democratic needs.

Read more at https://www.tscld.com/article-143-supreme-court-judicial-precedent/.

In this post titled “Is the Constituent Assembly Still Supreme? Revisiting the Bar of Article 329”, Atharv Sharma, a 2nd-year law student at Hidayatullah National Law University, Raipur, analyses the evolving judicial interpretation of Article 329 and its tension with the Constituent Assembly’s authority.

The article explores whether the bar on judicial review in electoral delimitation remains sacrosanct, or whether the Supreme Court can intervene using the Basic Structure Doctrine and transformative constitutionalism to safeguard democratic legitimacy.

Read more at https://www.tscld.com/constituent-assembly-article-329-judicial-review/.

In this post titled “Redefining Tribal Female Inheritance via the Supreme Court’s Landmark Decision”, Swayam Mundhra & Saksham Sharma (4th-year law students, Gujarat National Law University, Gandhinagar) analyse the Supreme Court’s ruling in Ram Charan v. Sukhram (2025), which extends inheritance rights to tribal women.

This landmark judgment reinforces constitutional morality, feminist jurisprudence, and the commitment to equality by ensuring that women in tribal communities are not denied their rightful share in property.

Read more at https://www.tscld.com/rethinking-pramati-minority-rights-inclusive-education/

In this post titled “Redefining Tribal Female Inheritance via the Supreme Court’s Landmark Decision”, Sanighdha (JRF, Department of Laws) analyses how the Supreme Court in Ram Charan & Ors. v. Sukhram & Ors. (2025) upheld the inheritance rights of tribal women—ushering in a new era of equality, constitutionalism, and feminist jurisprudence.

Read more at https://www.tscld.com/supreme-court-tribal-female-inheritance-2025/

In this post titled “𝐒𝐨𝐜𝐢𝐚𝐥𝐢𝐬𝐭 & 𝐒𝐞𝐜𝐮𝐥𝐚𝐫 𝐏𝐫𝐞𝐚𝐦𝐛𝐥𝐞: 𝐄𝐦𝐞𝐫𝐠𝐞𝐧𝐜𝐲’𝐬 𝐋𝐚𝐬𝐭𝐢𝐧𝐠 𝐄𝐜𝐡𝐨𝐞𝐬 𝐢𝐧 𝐭𝐡𝐞 𝐈𝐧𝐝𝐢𝐚𝐧 𝐂𝐨𝐧𝐬𝐭𝐢𝐭𝐮𝐭𝐢𝐨𝐧”, Shruti Udayan, a 2nd-year law student at National Law University, Jodhpur, examines how the 42nd Amendment of 1976 — passed during the Emergency — altered the soul of the Constitution by inserting “Socialist” and “Secular” into the Preamble.

What appeared to be a reaffirmation of values, Shruti argues, was instead a constitutional overreach carried out without debate, consensus, or democratic legitimacy.

The article questions whether such ideological insertions compromise the Constitution’s flexibility and spirit of pluralism.

Read more at https://www.tscld.com/socialist-secular-preamble-indian-constitution-42nd-amendment/

In this post titled “Development of Citizenship Law: Through the Lens of Partition”, Simran Sidhu, a 3rd-year law student at Nalsar University of Law, Hyderabad, traces how India’s citizenship framework was shaped by the upheaval of 1947.

From the Constituent Assembly’s debates on refugees vs. returnees to later controversies like the CAA and NRC, it shows how Partition-era anxieties continue to echo in the legal and political discourse on who qualifies as a citizen of India.

Read more at https://www.tscld.com/article-7-citizenship-india-partition/

In this post titled “Social Justice vs. Constitutionalism: India’s Democratic Dilemma?”, Adarsh Philip Roy, a law student pursuing LLM at National University of Juridical Sciences examines whether social justice initiatives complement or conflict with constitutionalism.

The piece argues that while equity is essential, liberty and constitutional principles must remain the foundation of justice.

Read more at https://www.tscld.com/social-justice-vs-constitutionalism-india/

In this post titled “The Prohibition of Child Marriage (Amendment) Bill, 2021: Raising the Bar or Raising the Barriers?”, Paavni Gupta, a 2nd-year student at National Law University, Jodhpur, critically examines the Bill’s attempt to increase women’s marriageable age to 21.

While progressive in intent, she argues that without strong enforcement, social reform, and economic empowerment, the law risks widening vulnerabilities for young women, especially in marginalised communities.

Read more at: https://www.tscld.com/prohibition-child-marriage-bill-2021-analysis/

In this post titled “Nurturing or Burdening?: Campus Mothers, Article 14, and Internalised Patriarchy”, Vedika Kulkarni and Samyak Deshpande, 3rd-year law students at Maharashtra National Law University Mumbai, critically examine IIT Kharagpur’s “Campus Mothers” initiative.

While framed as student welfare, they argue it reinforces gender stereotypes, burdens women with emotional labour, and excludes men from caregiving spaces—contradicting constitutional values of equality and inclusivity.

Read more at https://www.tscld.com/campus-mothers-article14-gender-stereotypes/

In this blog post titled, "Who Controls the Mahabodhi Temple and Who Should Control it? A Critical Analysis of the Bodh Gaya Temple Act, 1949", the authors, Aditya Tandon and Harsh, second-year law students at Hidayatullah National Law University examine the Act's implications for the control and management of the Mahabodhi Temple, a sacred Buddhist site.

The post raises crucial questions about the Act's constitutionality and the rights of the Buddhist community.

Read more at https://www.tscld.com/mahabodhi-temple-control-bodh-gaya-act-review/