Anant Sangal in his commentary on the landmark judgement of B.K Pavitra v. Union of India, titled “Whipping Up the ‘Cream’?- Indian Supreme Court and its Decision in B.K. Pavitra – II”, published in Volume 4(4) of our Journal, highlights major loopholes in the judgement while pointing out possible repercussions of the same.


The author elaborates upon two shortcomings of this judgement, that analyses the position of the Karnataka Extension of Consequential Seniority Act, 2018. This legislation provides for consequential seniority to persons belonging to the Scheduled Castes and Scheduled Tribes promoted under the reservation policy of the State of Karnataka.


This comment, critiques the Supreme Court for having given away its power to judicially review the basis on which the State provides reservation to the caste-minorities and its position on the question of creamy layer and its implementation to consequential seniority.


CALQ Volume 4 Issue 4-Whipping Up the 'C
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“You must make the Constitution flexible so that it is able to bend as per the social change, because if it does not bend, people will break it”


Aakash Laad and Harsh Singh in their article, titled “Altering the Supreme Law of the Land: A Constitutional Dichotomy between India and Australia”  published in Volume 4(4) of CALQ balance out the procedures for constitutional amendments in India and Australia. The authors discuss the referendum approach laid down in the Australian Constitution where the elected representatives give power to masses to bring the amendment. Comparing this approach with the procedure laid down in Article 368 of the Indian Constitution, the authors argue in favour of the latter.


The authors delve into various problems with the referendum approach under the India regime which includes burden on the state exchequer, cultural diversity and regional inconsistencies, awareness of public and so on.


CALQ Volume 4 Issue 4-Altering the Supre
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CALQ Volume 4 Issue 4-Altering the Supre
Download • 221KB

Sayantani Bagchi gives an informative account on the key concepts in Gautam Bhatia’s book "The Transformative Constitution", published in Volume 4(4) of our Journal.


The review talks about the essential principles of Indian constitutionalism that the book seeks to highlight and explores themes of Equality , Liberty and Fraternity. Further, the review comments on the transformative techniques used by judges today and the transformative essence in the Indian Constitution.


The author goes on to analyze both the key messages inscribed in the book as well as its relevance in the modern era. She throws light on disputed matters such as reservations in India and the judicial outlook surrounding it.


This review presents an interesting conclusion on the author’s take on Gautam Bhatia’s book and is a highly recommended read both before and after the main text.


CALQ Volume 4 Issue 4-Transformative Con
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CALQ Volume 4 Issue 4-Transformative Con
Download • 155KB

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