Yash Sinha

Supreme Court Of India

New Delhi , 110001

India

Delhi High Court

Delhi

India Gate

Delhi, 110003

India

NLSIU, Bangalore (2019)

Nagarbhavi, Bengaluru

Bengaluru, 560072

India

SCHOLARLY PAPERS

6

DOWNLOADS

318

SSRN CITATIONS

0

CROSSREF CITATIONS

0

Ideas:
“  I am currently formulating arguments against the exponentially growing norm of legitimising social coercion as a means of retribution, pending institutional adjudication. This is suggested to me by the prevailing law and literature, further validated by empirical data available on mental health. Placing reliance on social boycott (peer isolationism), deplatformisation, social (as opposed to a rebuttable, legal) presumption of guilt, and heckler's veto, all to condition one's behaviour to forcibly align her views with the society's perceived moral views on a particular subject, is a precipitous fall to mob rule and moral relativism. The research is premised in 3 presumptive factors: i) Adherence to Mill's harm principle; ii) negative externalities requiring the permissible coercive powers available to the State to intervene; and iii) an individual predicated to be the ultimate minority under the rule of law.  ”

Scholarly Papers (6)

1.

GST Compensation to States: An Ineluctable Obligation on the Union

Final paper available as 14 NUJS. L. Rev. 1 (2021) ) at https://bit.ly/32vdYEv
Number of pages: 31 Posted: 09 Mar 2021 Last Revised: 27 Apr 2022
Yash Sinha
Supreme Court Of India
Downloads 131 (313,636)

Abstract:

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Compensation fund, Property rule, Anti-coercion principle, Constitutional Law, GST, Legislative Competence, Indirect Taxation

2.

The Unjustifiable Equivocation on the Constitutionality of Compelled Voice Sampling

Final Paper available as NLIU L. Rev., Vol X(II), 2021 at https://bit.ly/3tWUMKV
Number of pages: 26 Posted: 09 Mar 2021 Last Revised: 31 Jan 2022
Yash Sinha
Supreme Court Of India
Downloads 55 (526,590)

Abstract:

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Self-incrimination, Voice Spectrography, Law on Evidence, Indian Constitution, Constitution of India, Privacy, Selvi

3.

Choosing Expression Over Content: The Superficial Reasoning in Pradeep Kumar Sonthalia v. Dhiraj Sahu

GNLU L. Rev., Vol. VIII(1), 2021, 219 Full paper available at https://bit.ly/3tVYeWh
Number of pages: 16 Posted: 09 Mar 2021 Last Revised: 31 Jan 2022
Yash Sinha
Supreme Court Of India
Downloads 41 (594,081)

Abstract:

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Criminal Law, Election Law, Presumption of Innocence, De facto Doctrine, Constitutional law, Electoral Disqualification

4.

Limitation at the Stage of Section 37: A Faustian Bargain

NUJS Law Review 15(1/2) (Forthcoming)
Number of pages: 23 Posted: 11 May 2022 Last Revised: 22 Jul 2022
Yash Sinha
Supreme Court Of India
Downloads 31 (653,361)

Abstract:

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Arbitration, Commercial Arbitration, Limitation, Civil Procedure

5.

Constitutional Dysfunctionalism

Final paper available as NUJS L. Rev., Vol XIV(4) (2021) at https://bit.ly/3qWW1ba
Number of pages: 39 Posted: 12 Jul 2021 Last Revised: 31 Jan 2022
Yash Sinha
Supreme Court Of India
Downloads 30 (660,041)

Abstract:

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Constitutional Law, Separation of Powers, Comparative Constitutional Law, Writ Jurisdiction, Parliament, Bicameralism

6.

Why a cap on work-hours gets congealed into a Constitutional threshold

Final Paper available as NLUJ L. Rev. VIII(I) at https://bit.ly/3AsHkQc
Number of pages: 26 Posted: 19 Feb 2021 Last Revised: 31 Jan 2022
Yash Sinha
Supreme Court Of India
Downloads 30 (666,991)

Abstract:

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Constitutional Law, Directive Principles, De facto deduction, Minimum wages, Non-retrogression principle, Concurrent Jurisdiction, Exhaustive Field test, Denial of Rights test, Implied Inconsistency.

Other Papers (1)

Total Downloads: 8
1.

Personal Guarantors to Debtors Required the ‘Homeric’ Moratorium’s Aegis

Vol. IX(I) NLSBLR (Forthcoming, 2022)
Number of pages: 44 Posted: 18 Aug 2022 Last Revised: 04 Nov 2022
Yash Sinha
Supreme Court Of India
Downloads 8

Abstract:

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Insolvency, CIRP, Personal Guarantors, IBC, Surety, Contract, Insolvency and Bankruptcy Code, Indian Contract Act