Preface

It is clichéd to state that the Indian Constitution is a living document, but in the 72 years of its existence, it has proved to be remarkably resilient and a source of empowerment for Indian citizens As the longestsurviving constitution in a postcolonial country, it has been marshalled by citizens to make demands on the State, hold it accountable, and seek justice Courts have played a crucial role in interpreting and shaping constitutional ideals, translating abstract principles into lived realities for millions.

DAKSH works in the area of judicial processes, delays, and access to justice Through empirical legal research, we strive to bring datadriven insights into discussions on judicial reforms This volume represents an effort to bridge academic legal scholarship and practical governance reforms by reflecting on how constitutional values have been articulated, expanded, or constrained through judicial decisions over the decades.

Preface (contd.)

The first theme in the volume, titled ‘The Individual within the Constitution: Demonstrating CitizenCentric Justice’, addresses the dignity and freedom of the individual Vikram Aditya Narayan examines the Supreme Court’s use of dignity in constitutional reasoning, highlighting how dignity has evolved from an aspirational value in the Preamble to an enforceable fundamental right under Article 21.

Anindita Pattanayak and Harish Narasappa explore judicial conceptualisations of equality, demonstrating how courts have moved from a formal understanding of equality under Article 14 to substantive equality that accounts for systemic disadvantage.

Anagha Sarpotdar’s article explores the evolution of workplace sexual harassment jurisprudence in India from the Vishaka judgment to the 2013 POSH Act, focusing on key High Court decisions.

Leah Verghese examines free speech and expression in the context of books and cinema, analyzing the growing menace of the heckler’s veto.

MV. Sundararaman and Varsha Manoj examine the ambiguous application of contempt of court laws and its tension with freedom of speech.

Preface (contd.)

The second theme explored in the volume is ‘Group Identities: Balancing Rights in a Diverse Society’. Prannv Dhawan and Jwalika Balaji examine castesensitive judicial reasoning in interpreting Article 17 and the abolition of untouchability.

Sandhya PR. analyses religious practices and conflicts, focusing on women’s access to places of worship and the tensions between individual freedom of religion and group autonomy.

Justice GR. Swaminathan surveys environmental jurisprudence and the expansion of the right to life to encompass clean environment, public health, and ecological balance.

The third theme is titled ‘Systemic Conundrums: Reimagining Rights’. Prashanto Sen examines courtled developments in participatory democracy and public interest litigation.

Nikhil Majithia analyses fault lines between Parliament and the Judiciary regarding defection, floor tests, and parliamentary privileges.

Umakanth Varottil and Rahul Sibal discuss constitutional challenges arising under the Insolvency and Bankruptcy Code (IBC).

Sithara Sarangan and Anindita Pattanayak review judicial engagement with dissent under preventive detention laws.

Preface (contd.)

The fourth theme examined in this volume is titled ‘Institutional Responses: Constitutional Values in Flux’. Aakanksha Mishra examines fundamental rights in the context of globalisation, liberalisation, and privatization of the Indian economy.

Shraddha Chaudhary looks at the process of criminalisation and decriminalisation by courts to discern uniquely Indian approaches to penal policy.

Sharada Naganand and SS. Naganand examine the judiciary’s role in upholding constitutional values during the COVID-19 pandemic.

Varsha Mahadeva Aithala and Siddharth Peter de Souza evaluate virtual justice administration during the pandemic and its implications for longterm court technology planning.

Each chapter highlights that the judiciary is increasingly asked to decide contested concepts against complex political, economic, and social conflicts We hope this volume serves as a valuable resource for lawyers, judges, academics, and citizens interested in the ongoing constitutional project.