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    Beyond Article 21: Towards a Constitutional Right to Climate Dissent in the Age of ESG and Corporate Power
    (University of North Bengal, 2026) Bhattacharjee, Udishna
    Seventy-five years after the adoption of the Constitution of India, judicial review has transformed Article 21 into the cornerstone of environmental rights, embedding the right to a clean and healthy environment within the constitutional framework. However, this jurisprudence has largely focused on ecological protection, while neglecting the constitutional vulnerabilities of those who defend the environment. In the contemporary era of Environmental, Social and Governance (ESG) frameworks and expanding corporate power, climate activists and humanitarian organisations increasingly face Strategic Lawsuits Against Public Participation (SLAPPs) and other legal tools aimed at silencing dissent. This article argues that while the judiciary has creatively expanded substantive environmental rights, it has failed to evolve procedural safeguards for climate defenders. Such omissions create a constitutional asymmetry: the environment is protected in principle, but those who speak for it remain legally exposed. Drawing on Indian jurisprudence and comparative developments such as the European Union’s Anti-SLAPP Directive and the Philippines’ Writ of Kalikasan, the article proposes a doctrinal shift “beyond Article 21”. It calls for recognising a constitutional right to climate dissent, synthesising Articles 19 and 21 to ensure that freedom of speech, association, and the right to life collectively shield environmental defenders against corporate and state suppression. By advancing this argument, the article situates climate justice as the next frontier of constitutional review and outlines the future obligations of the Indian Constitution in an era defined by ESG governance, ecological crises, and democratic contestation.
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    Artificial Intelligence (AI) Strategy and Constitutional Values in India: A Policy Alignment Review
    (University of North Bengal, 2026) Sarkar, Saurya; Sinha, Swati
    Artificial Intelligence (AI) sparked the global concerned for the scientific and technological expansion. Aligned with the spirit of this progress, the word “Scientific temperament” under Indian Constitution got a new scope in the field of interpretation of Constitutional values in our nation. India’s Constitutional commitment to its basic principles viz: equality, justice and freedom etc aerated numerous new challenges for us as a member of a welfare state. While AI promises efficiency and innovation, it also risks deepening existing ethical architype. The constitutional values enshrined in the Preamble—justice, liberty, equality, and fraternity—must serve as the ethical compass. guiding this transformation in the era of Artificial Intelligence. The Journey towards the formulation of digital principles for Digital India may be examined through the path of Directive Principles, Fundamental Duty and other Constitutional Safeguards. In India, AI is increasingly being deployed across sectors like healthcare, law enforcement, education, and governance etc. However, this rapid integration brings with it a host of legal challenges. Use of AI in public spaces without consent or oversight invites the risks of mass profiling and chilling effects on free expression. The researchers evaluate India's approach to artificial intelligence by analyzsing it against constitutional safeguards, exploring how constitutional values can guide AI governance without sacrificing ideals of democracy in India. It examines how data protection laws, accountability measures, and regulatory authorities can help to preserve civil liberties. The paper makes the case that embedding these constitutional values is necessary for public trust and policy legitimacy. Consequently, it promotes a rights-based approach to AI that prioritizes transparency, consent, and proportionality, while also navigating the conflicts between individual freedom and national security. The author will try to evaluate the AI persona paradox.Artificial Intelligence, Privacy rights, Surveillance, Data protection, Liberty, Constitutional safeguards, Constitutional morality, AI governance, Civil liberties, Algorithmic accountability, Democratic values, Persona Paradox.
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    Revisiting Constitutional Perspectives on Juvenile Justice: Addressing Modern crimes and Recognizing Rehabilitation as a Right
    (University of North Bengal, 2026) Chongtham, Priyanka Chanu; Mishra, R. R.
    Juveniles are children whose age have not attained eighteen years and require special care and protection. At times, they involve with the conflict with the law not because they are hardened criminals, but due to factors like lack of education, negative social influence, and the misuse of technology. Without proper care and opportunities for rehabilitation, these juveniles risk growing into adult offenders. Therefore, rehabilitation plays a very important role in shaping their future. The Indian Constitution provides protection to children through various “Fundamental Rights and Directive Principles of State Policy”. Article 21 guarantees the “Right to Life”, while Article 21A ensures the “Right to Education”. The Constitution also emphasizes that children must not be exploited3 and should be given the conditions necessary for their healthy development4. However, there is no clear constitutional guarantee for rehabilitation of juveniles, especially for the delinquents of modern crimes. The Juvenile Justice (Care and Protection of Children) Act, 2015 also talks about protection and care, but it does not fully cover modern challenges like cybercrime, drug abuse, and organized crime. This creates a gap in our legal system. This paper studies these gaps and argues that rehabilitation should be treated not just as a policy but as a constitutional right. Juvenile delinquents may not be the wrongdoers but also a victim. If the Constitution clearly includes rehabilitation, then juveniles will get stronger legal protection from the State. This paper suggests some reforms, such as making digital safety education compulsory in schools, creating special centers for cyber rehabilitation, and expanding the “Right to Life” to include the right to rehabilitation and so the Constitution can give better protection to juveniles, help them recover from mistakes, and prepare them to be responsible citizens.
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    Unveiling Gubernatorial Overreach in India: A Critical Analysis through the Lens of Cooperative Federalism
    (University of North Bengal, 2026) George, Mary; P Ashima
    Recently, much attention has been garnered by the tumultuous relationship between the centre and the states due to the arbitrary exercise of discretionary powers by some governors in a few instances. This is referred to as gubernatorial overreach, in which the governor goes beyond his constitutionally circumscribed role and undermines parliamentary democracy and cooperative federalism. Cooperative federalism is an integral part of federalism and is implicitly envisioned in the Constitution of India. It is crucial to foster collaboration between the Union and states to address diverse inequalities in economic development, education, infrastructure, etc, ensuring balanced growth across regions. Cooperative federalism is the best available tool for maintaining the unity and integrity of a heterogeneous, diffuse society like India. The Apex court emphasised the need for state independence, along with the necessity of central coordination and collaboration between states and the centre for the development of each state and the country as a whole. The recent events of gubernatorial overreach in Tamil Nadu, Telangana, Punjab, and Kerala raised questions that needed to be answered to maintain India's unity and integrity. This paper examines the contours of gubernatorial overreach in India to better understand its implications on political stability and democracy in the light of cooperative federalism. Moreover, it seeks to analyse the constitutional limits on the governor's discretionary powers by critically examining notable precedents.
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    Forest Governance, Forest Rights and Community Responsibilities of the Indigenous Forest Dwellers: A Sociological Inquiry into Legislative Impacts
    (University of North Bengal, 2026) Basu Majumder Das, Taniya
    Over the past few decades, the concept of indigeneity used to describe the historical, cultural, and ecological relationships of local, native, and autochthonous communities with their ancestral territories has increasingly attracted the attention of social scientists. Indigeneity broadly encompasses peoples whose identities are deeply rooted in specific places, whose cultural practices are shaped by historical continuity, and whose livelihoods remain closely intertwined with the natural environment. In recent years, the issue of indigenous peoples has also gained significant prominence within the global development discourse, particularly in relation to questions of rights, identity, and sustainable resource governance. Although the term “indigenous” is widely used as a generic global category, different countries employ diverse terminologies to refer to these communities. These include terms such as “tribes,” “First Peoples” or “First Nations,” “Aboriginals,” “ethnic groups,” “Adivasi,” and “Janajati.” In addition, various professional or ecological descriptors such as hunter-gatherers, nomads, peasants, and hill communities are often used in academic and policy discussions to denote similar groups whose socio-cultural existence is closely connected with specific ecological landscapes. Despite the variation in terminology, these expressions generally refer to communities that share historical experiences of marginalization and structural exclusion. Historically, indigenous and tribal communities in India, as well as across the world, have experienced persistent violations of human rights and systemic forms of exploitation. Processes of dispossession, socio-economic deprivation, and political exclusion have marginalized these communities within broader developmental trajectories. Whether in the context of environmental conservation policies, urban expansion, or rural land-based conflicts, such patterns of marginalization often reflect a continuation of colonial modes of governance and knowledge production that positioned indigenous peoples as subordinate subjects. Consequently, the ongoing exploitation and exclusion of these communities can be interpreted as a contemporary manifestation of the colonial subjectification of the subaltern, perpetuating historical inequalities within modern development frameworks. The present study addresses such kind of ongoing exploitation and exclusion of the indigenous forest-dwelling communities as well as examines the evolving relationship between forest rights and social duties within the broader framework of forest governance in India. It also aims to undertake a critical analysis of major forest legislations as well as policy frameworks namely The First Forest Policy,1855; The National Forest Policy, 1894; The Indian Forest Act, 1865; The Reserved Forest Act, 1878; The Indian Forest Act, 1927; Government of India Act, 1935; respectively in the pre-independent post-colonial era. Furthermore, the article seeks to understand how the rights of indigenous forest-dwelling communities have been recognized, negotiated, and institutionalized over time. At the same time, the study explores the notion of social responsibility embedded in community-based forest management and participatory governance mechanisms. Through this analysis, the article aims to highlight the importance of balancing rights-based approaches with collective responsibilities in order to ensure inclusive, democratic, and ecologically sustainable forest governance.