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Publication of Volume VI Issue II
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Symposium on Dr. Ambedkar’s Legacy & Constitutional Silences | 14 April, 2026
Centre for Constitutional Law & Administrative Law (CCAL), at National Law University, Jodhpur is delighted to share that the Symposium on Dr. Ambedkar's Legacy and Constitutional Silences, concluded on a gratifying note. The Symposium was conducted in the august presence of our patron, Prof. (Dr.) Harpreet Kaur, Vice Chancellor, National Law University, Jodhpur. We were also joined by Shri Rajesh Mohan, Deputy Secretary, Lok Sabha who shared his thoughts on constitutional si
Jun 29


Courts, Unwritten Conventions and the Constitution of India
Dr. Sayantani Bagchi contends that Indian courts engage with constitutional conventions not as free-standing enforceable claims but as instruments of broader constitutional inquiry, enforcing them only indirectly. Drawing on the Dicey’s distinction between law and convention, Ivor Jennings’ threepronged test, and the Constituent Assembly’s deliberate choice to leave certain constitutional spaces uncodified, the author argues that courts follow a three-stage analytical method
Apr 27


Constitutional Silences and Constitutional Conventions: Development of Constitutional Law
Senior Advocate V. Sudhish Pai contends that a constitution’s unwritten dimensions are as legally significant as its express provisions. Judicial interpretation is the primary mechanism through which these silences are given meaning. Drawing on Tribe, Frankfurter, Holmes, and Cardozo, Sr. Adv. Pai argues that what is left unsaid in a constitution is often as consequential as what is expressly stated. Using Tribe’s distinction between “door-opening” and “doorclosing” silences
Apr 27


Blowin’ in the Wind: Reconnoitring the Constitutional Silences of Unconstitutional Statutes in India
Professor Shruti Bedi contends that India lacks a coherent doctrine for reviving statutes declared unconstitutional, creating an ambiguity that courts and legislators have inconsistently navigated. Drawing on the void ab initio doctrine and the doctrine of eclipse, the author argues that while Deep Chand v. State of U.P. and Saghir Ahmad v. State of U.P. firmly establish the validity of unconstitutional post-constitutional laws, the Supreme Court’s validation of the amended S
Apr 27


Filling the Silences: Political Parties as de facto Constitutional Architects in Contemporary India
Dr. Manisha Mirdha contends that political parties, despite barely featuring in India’s constitutional text, are its most consequential informal architects. They shape constitutional meaning through legislation, executive action, judicial appointments, and amendments. Drawing on Foucault and Gandhian traditions of strategic silence, the author contends that constitutional gaps are not passive omissions but contested spaces where political parties exercise real normative power
Apr 27


Does The Indian Constitution Care? Plugging In Constitutional Silences On The Ethics Of Care Through Fundamental Rights
Jwalika Balaji and Anshul Dalmia contend that the Indian Constitution’s silence on care is a consequential doctrinal gap that leaves vulnerable populations without meaningful constitutional recourse. Drawing on feminist scholars including Gilligan, Noddings, Tronto, and Fredman, the authors argue that while Indian courts have invoked care across domains such as health, childcare, and household labour, they have done so derivatively by tethering care to Article 21 rather than
Apr 27
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