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Dr. Ashit Kumar Srivastava

Assistant Professor of Law

Courses and Research Interest: Constitutional Law, Data Protection Law, Digital Constitutionalism in South-Asia
Google Scholar/ORCID/SCOPUS: Google Scholar

Bio

Dr. Ashit Kumar Srivastava is an Assistant Professor of Law at Dharmashastra National Law University-Jabalpur. Previously, he had worked at National Law University-Odisha, wherein he had offered courses on Constitutional Law, Administrative Law and Data Protection Law. Prior to that, he had served at Amity Law School, Lucknow.

Dr. Srivastava’s area of specialization are Constitutional Law, Data Protection Law, and Digital Constitutionalism in South-Asia. On and off, he has been engaged in the practical aspects of data protection compliance. Dr. Srivastava has several publications to his name: including national & international, and he frequently contributes opinion-pieces at The Leaflet, India Legal Live, The Statesman and many more. With over 70+ publications in the reputed journals/newspaper pieces. Additionally, Dr. Srivastava is engaged frequently for delivering lectures at national & international seminars.

Qualifications

  • 2011-2016: BA.LL.B. (Hons.) N.V.M College (University of Lucknow),
  • 2016-2017: LL.M. (Constitutional Law), Rajiv Gandhi National University of Law,
  • Ph.D, Completed, National Law University, Odisha

Experiences

  • 2019- Present: Assistant Professor, Dharmashastra National Law University,
  • 2018-2019: Assistant Professor, National Law University, Odisha,
  • 2017-2018: Assistant Professor, Amity Law School, Lucknow

Membership of Professional Bodies

  • Panel Member of World Cyber Security Forum

Publications

A) CHAPTER IN BOOKS

  1. 1) Editorial member of the book ‘RECLAIMING DIGNITY, RIGHT AND JUSTICE’ published by Thomas Reuter ISBN: 978-93-89046-42-7
  2. 2) Chapter titled ‘CHIEF JUSTICE OF INDIA: MASTER OF ALL CONVENTIONS’ in book ‘The Supreme Court and the Constitution’ published by WOLTERS KLUWER 2020. ISBN no: 978-93-898-59-71-3.
  3. 3) Chapter titled ‘IMPACT OF MICRO-TARGETING ADVERTISEMENTS ON INDIAN DEMOCRACY AND FEDERALISM’ selected for publication for the book ‘Digitalization and Law- Regulations, Implications, and Challenges’ to be published by Thomas Reuters in 2021.
  4. 4) Chapter titled ‘DISMANTLING CONSTITUTIONALISM: A STUDY OF IMPACT OF SOCIAL MEDIA ON DEMOCRATIC TENETS’ published for the book ‘INSTITUTIONAL DECLINE IN THE AGE OF POPULIST REGIME: NOTES FROM INDIA’ published by Thomas Reuters in 2022 ISBN: 9789392630231.
  5. 5) Chapter titled ‘CRITICAL ANALYSIS OF THE PATTERN OF POLITICAL DISINFORMATION IN THE CONTEMPORARY ERA AND A POSSIBLE REGULATORY FRAMEWORK’ selected for publication for the book ‘Fake News, Social Media and Technology’ published by Bloomsbury Publication (2024). ISBN: 978-93-56407-30-5.
  6. 6) Chapter titled ‘CLIMATE MIGRATION IN SOUTH ASIA AND A POSSIBLE REGULATORY FRAMEWORK’ selected for the book ‘Climate Change Crisis - Assessing The Actions For Future’ to published by Thomas Reuters (2024).

B) Notable Publications (Indian):

  1. 1) ‘LGBT and the Reluctant fundamentalist’ published in Practical Lawyers July edition of 2017 ISSN 2277-9116 (2017)
  2. 2) ‘Democracy is Anti-Federalist’ published in the Amity Law Review published by Amity Law University, Noida. ISSN: 2249-2232 (2018).
  3. 3) ‘Default Protectionist Tracing Applications: Erosion of Cooperative Federalism’ published in the ‘Life, Liberty & Privacy’ ISSN: 978-1-63606-552-6.
  4. 4) Published paper named Reconciling IPR Laws and Indian Competition‛ under the publication of Asia Law House ISBN number 978-93-85556-27- 2 (2015).
  5. 5) Co-Authored ‘Democracy is Anti-Federalist’ published in the Amity Law Review published by Amity Law University, Noida. ISSN: 2249-2232 (2018)

C) INTERNATIONAL PUBLICATION:

  1. 1) ‘Parliamentary Cannibalism’ published as an opinion piece in Vol. 12, No. 1 Autumn 2017 issue of Journal of Commonwealth Law and Legal Education (JCLLE), ISSN: 1476-0401.
  2. 2) ‘Mass of Law’ published as an opinion piece in Vol. 12, No. 1 Autumn 2017 issue of Journal of Commonwealth Law and Legal Education (JCLLE), ISSN: 1476-0401.

D) SCOPUS PUBLICATIONS:

  1. 1) Co-Authored ‘Reconciling Blockchain and Data Protection Regimes’, Commentary, Economic & Political Weekly, Volume 40, October 2, 2021.
  2. 2) ‘Reading Regulation as a Prohibition: A Critical Review of the New IT Rules 2021 in relation to Social Media Networks and Messaging Application’ published in 2021 issue Volume 7, Issue 3 of European Data Protection Law Review (EDPL), ISSN 2364-2831
  3. 3) Protection of Personal Data, letters, Economic & Political Weekly, Volume 55, Issue No. 3, 18 Jan, 2020.
  4. 4) Banning of Cryptocurrency, letters, Economic & Political Weekly, Volume 55, Issue No. 5, 1 Feb., 2020.
  5. 5) ‘India Data Protection Law: The search for Goldilock’s effect’ published in 2019 issue of European Data Protection Law Review (EDPL), ISSN 2364-28312017.

E) CASE COMMENTARY

  1. 1. MITHU SINGH V. STATE OF PUNJAB: RE-ASSERTING PROCEDURE ESTABLISHED BY LAW
  2. 2. STATE OF MAHARASHTRA V. SANJEEV KUMAR MAHENDRA PRASAD ROY & ANOTHERS: ACCOMODATING REHABILITATION IN RAREST OF THE RARE
  3. 3. TRIVENIBEN V. STATE OF GUJARAT: JUSTICE DELAYED IS JUSTICE DEVOID
  4. 4. CHENNA JAGADEESWAR AND ANOTHER V. STATE OF ANDHRA PRADESH: RE-THINKING RIGHT TO DIE
  5. 5. A.S MOHAMMAD RAFI V. STATE OF TAMIL NADU AND OTHERS: RIGHT TO DEFEND
  6. 6. BACHPAN BACHAO ANDOLAN V. UNION OF INDIA & OTHERS: REVITALIZING INNOCENCE
  7. 7. A.R ANTULAY V. R.S NAYAK: RE-AFFIRMING RIGHT TO SPEEDY TRIAL
  8. 8. ALOK NATH DUTTA AND OTHERS V. STATE OF WEST BENGAL: CONTEMPLATING RAREST OF RARE
  9. All the case reviews are published as chapter contribution under the book ‘Article 21 and personal liberty’ by Satyam law International publication house ISBN 9382823689
  10. 9. STABLISING “ACCESS TO JUSTICE” AS A FUNDAMENTAL RIGHT [A COMMENT ON ANITA KUSHWAHA v. PUSHAP SUDAN] in NLU-Odisha Law Journal, ISSN no. 2348-8913.

F) Notable Newspaper Publications:

  1. 1) Missing Jurisprudence of a Sound Data Protection Law: Deccan Herald, Analysis section, 3rd May, 2019
  2. 2) AI, Bias and the Law: The Statesman, Law section, 11th July, 2019
  3. 3) Digital Constitutionalism and Personal Data Protection, Daily Guardian, Legally Speaking, 21st October, 2020.
  4. 4) My Laptop is my castle: The Statesman, Law Section, 1st August, 2019
  5. 5) ‘Virtual State and Constitutionalism’ The Statesman, Law Section, 22nd August, 2019
  6. 6) ‘Digital Exclusion and Natural justice’ The Statesman, Law Section, 19th August, 2021
  7. 7) ‘Discipline or Digital Exclusion’ The Statesman, Law Section, 19th August, 2021
  8. 8) ‘Tech Law must be crafted with alacrity’ The Statesman, Law Section, 16th December, 2021
  9. 9) ‘As an aid of free speech’ (Co-Authored), The Statesman, Law Section, 2nd December, 2021
  10. 10) ‘Debate must precede enactment of Law’ The Statesman, Law Section, 30th September, 2021
  11. 11) ‘An Unelevated Discourse’ (Co-Authored) The Statesman, Law Section, 17th April, 2021
  12. 12) ‘In search of a Women Chief Justice of India’ (Co-Authored) The Daily Guardian, 13th March, 2021
  13. 13) ‘Appointment of Judges: An analysis’ (Co-Authored) The Daily Guardian, 6th March, 2021
  14. 14) ‘Underpinnings of the farm laws’, The Statesman, Law Section, 21st January, 2021
  15. 15) ‘Faith in Constitutional Values’, The Statesman, Law Section, 14th January, 2021
  16. 16) 10% Quota: Fictitous Demand and Supply: The Statesman, Law section, 16th January, 2019 https://www.thestatesman.com/supplements/law/10- quota-fictitious-demand-supply-1502725110.html
  17. 17) Judiciary Tryst with RTI: The New Indian Express, Opinion, 6th May, 2019 http://www.newindianexpress.com/opinions/2019/may/06/judiciarys- tryst-with-the-rti-act-1973162.html
  18. 18) Judiciary Tryst with RTI: Deccan herald,Opinion, 15th April, 2019 https://www.deccanherald.com/opinion/in-perspective/judiciary-s-tryst- with-rti-728823.html
  19. 19) Missing Jurisprudence of a Sound Data Protection Law: Deccan Herald, Analysis section, 3rd May, 2019 https://www.deccanherald.com/opinion/in-perspective/missing-a-sound- data-protection-law-732031.html
  20. 20) AI, Bias and the Law: The Statesman, Law section, 11th July, 2019 https://www.thestatesman.com/supplements/law/ai-bias-law- 1502776178.html
  21. 21) Achilles Heel of Data Protection: The Pioneer, analysis section, 16th July, 2019 https://www.dailypioneer.com/2019/columnists/achilles heel-of-data-protection.html
  22. 22) My Laptop is my castle: The Statesman, Law Section, 1st August, 2019 https://www.thestatesman.com/supplements/law/my-laptop-is-my-castle-1502784473.html
  23. 23) ‘Virtual State and Constitutionalism’ The Statesman, Law Section, 22nd August, 2019 https://www.thestatesman.com/supplements/law/virtual- state-constitutionalism-1502791018.html
  24. 24) ‘Case for a truly Indian legal education system’, The Statesman, Law Section, 2nd January, 2020
  25. 25) ‘To eliminate bias’ The Statesman, Law Section, 6th February, 2020
  26. 26) ‘Erasure different in Indian Law’, Law Section, 7th May, 2020 https://www.thestatesman.com/supplements/law/erasure-different-indian-law-1502885443.html
  27. 27) ‘Forsaking Separation of Power’, The Statesman, Law Section, 7th May, 2020 https://www.thestatesman.com/supplements/law/forsaking-separation-of-powers-1502885475.html
  28. 28) ‘Tracing Apps and Competitive Federalism’, The Statesman, Law Section, 18th June, 2020 https://www.thestatesman.com/supplements/law/tracing-apps-competitive-federalism-1502901091.html
  29. 29) ‘Aarogya Setu App and Rule of Law’, The Statesman, Law Section, 16th July, 2020 https://www.thestatesman.com/supplements/law/aarogya-setu-and-rule-of-law-1502909262.html
  30. 30) ‘NEP and LEGAL EDUCATION’ The Statesman, Law Section, 3rd September, 2020 https://epaper.thestatesman.com/c/54666131 ‘THE POSSIBILITY OF ABUSE’ The Statesman, Law Section, 17th September, 2020 https://epaper.thestatesman.com/c/55006944

G) Notable Web Commentaries:

  1. 1) Standards of Basic Structures: Questioning the Master of Roster, Published on The Leaflet,
  2. 2) The Missing Jurisprudence of a Sound Data Protection Law, Published on The LiveLaw,
  3. 3) Collegium Deadlock & Gender Parity: A look at CJI Bobde’s Legacy on The Quint,
  4. 4) Recognizing Indirect Discrimination: An Ode to Justice D.Y. Chandrachud on the Leaflet https://www.theleaflet.in/recognising-indirect-discrimination-an-ode-to-justice-d-y chandrachud/
  5. 5) Class Recording, Data Minimalism & Pandemic on the LiveLaw https://www.livelaw.in/columns/personal-data-protection-bill-2019-general-data-protection-regulation-gdpr-175463
  6. 6) opinion piece on same sex marriage judgement in the WION news. Link: https://www.wionews.com/opinions-blogs/to-marry-or-not-to-marry-an-analysis-of-the-same-sex-marriage-judgment-648831
  7. 7) I was interviewed by 'World is One News (WION)' on the possible implications of changing the name of India to Bharat in the Indian Constitution. Link: https://www.wionews.com/india-news/data-lab-from-india-to-bharat-whats-the-price-tag-of-a-national-rebrand-635549
  8. 8) Co-authored a piece for the Leaflet on the implications of the Maharashtra Assembly election judgment on Maharashtra Assembly. Link: https://theleaflet.in/in-the-aftermath-of-the-sc-judgment-in-the-maharashtra-political-crisis-more-questions-sprout/
  9. 9) A piece on the proactive step of the Central Government in curbing misinformation in the wake of the 2024 General Elections. Priyanshi Jain (primarily) and I test the legitimacy of the move for a piece in Indian Legal Live. Link: https://www.indialegallive.com/magazine/whatsapp-message-traceability-misinformation-2024-elections/
  10. 10) My piece on ‘Controlling the AI Paradox’ on the India Legal Live. Link: https://www.indialegallive.com/magazine/european-union-artificial-intelligence-law/

Paper Presentations

  1. Presented paper on‚ Freedom of Expression and Morality in contemporary India‛ at National Seminar on Role of Ethics, Values and Morality in Law in 21st Century held at Hidayatullah National law University on 11th April 2015.
  2. Presented paper on‚ Reconciling IPR Laws with Indian Competition‛ at Two-day National Research Seminar on ‘Corporate Laws & Challenges to the new Governments’ at Osmania University on 25th & 26th July 2015.
  3. Attended law conference in JGLS in Haryana in 18-19th September 2015 on RESERVATION IN INDIAN CONSTITUTION‛ organized by iJustice- a public interest law initiative of centre for civil society
  4. Presented a paper on ‘Experience of TRIPS in India’ on 2-4 November 2015, held at National Conference on the evolving regime of Intellectual property protection at Jawaharlal Nehru University, New Delhi organized by Jawaharlal Nehru University, Public Health Foundation of India
  5. Workshop: Gian Seminar on‚ Global Constitutionalism: Emerging Trends‛ Constitutional Law from 7-12th August 2016 in RGNUL, Punjab organized by Rajiv Gandhi National University of Law, Punjab; Supported by Ministry of Human Resource Development Government of India
  6. Seminar on Capital Punishment on 27 November – 2nd October 2016 organized by Indian Law Institute, Delhi in Collaboration with Rajiv Gandhi National University of Law.
  7. Participated in Workshop on COMPARATIVE CONSTITUTIONAL LAW PERSPECTIVE at NALSAR, Hyderabad from 21-26th November 2016, organized by M K Nambyar SAARC Law Centre & Centre for Constitutional Law, Public Policy and Governance.
  8. Presented paper on HYDEL PROJECTS IN SAARC NATIONS: UNEARTHING THE VITALITY OF WATER RESOURCES at the International Seminar on ‘Water Sharing in SAARC Region: Legal Issues and Challenges’ organized by NALSAR University, Hyderabad on 25th-26th March, 2017
  9. Participated in workshop at V.K Bhawan organized by Indian Society for International Law on ‘INTERNATIONAL LAW’ from 29th May 2017 to 9th June 2017.
  10. Presented paper on topic ‘John Rawls and Affirmative Action in India’ at National Seminar on Litigating Equality: Are Human Rights Effective? Held at Nelson Mandel Auditorium, Organised by Delhi Metropolitan Education Affiliated to Guru Gobind Singh Indraprasth University on 11th November 2017
  11. Presented paper on ‘Surrogacy Laws in India’ presented at ‘National Seminar on Law and Medicine’ conducted by Amity Law School, Lucknow Uttar Pradesh from 23rd-24th January 2018.
  12. Presented paper via skype on ‘Privacy: Reductionism and its viability beyond institutional means’ at National Conference on Contemporary Socio-Economic and Legal Issues in India organized at IMS Unison University, Dehradun on 16-17th Feburary 2018.
  13. Participated in the workshop on ‘Consumer Justice in the era of Globalization’organized by Centre for Consumer Law, National Law University-Odisha in collaboration with Chair on Consumer Law & Practice, NLSIU, Bengaluru from 2nd to 3rd April, 2019.
  14. Presented a paper on ‘Affiliations and Affirmative Action’ at the National Seminar on ‘Dr. B.R. Ambedkar’s Vision on Social Inclusion’ organized by Centre for Study of Social Exclusion & Inclusive Policy (CSSEIP) supported by Indian Council of Social Science Research (ICCSR) at Benaras Hindu University from 1st- 2nd March, 2019
  15. Presented paper on ‘The Idea of Free Will in Era of Dataism’ at the Annual Themed Conference on Transformative Constitutionalism: exploring Ideas and Possibilities in its Theory and Practice held on 20th and 21st July 2019 organized by Human Rights Lawyering Project, NLSIU and Funded by Ford Foundation.
  16. Presented paper on ‘Reorienting Indian Perspective of LGBT’ at the 5th National Conference on Society and Well Being held at Amity University, Lucknow Campus on 4th April, 2018.
  17. Presented a paper on ‘The role of media as a means and end of maintaining institutional integrity’ at the National Seminar on Media and Changing Society: Dilemmas and Challenges held at Army Institute of Law on 29th September, 2018
  18. Co-presented a paper on ‘Geographical Indication as a tool for protection of traditional medicinal knowledge’ at National Symposium on Geographical Indications & Plant Variety Protection: Issues and Challenges’ organized by the Society for Law and Technology at Damodaram Sanjivayya National Law University-Vishakapatnam, held on 8th September, 2018.
  19. Presented a paper on ‘Default Protectionist tracing applications: Erosion of Cooperative Federalism’ in the E-Seminar on ‘Life, Liberty & Privacy: The Indian Jurisprudence on Individual’s Data Privacy’ organized by Legis Orbis in association of Lexis Nexis, presented on 27th July 2020.
  20. Chaired a technical session on ‘Trafficking in Person-Media & Victim Perspective’ organized by KSLU in association with VVILS held on 30th July 2021.

    21. Lectures Delivered

  21. 1) Delivered Lecture on Blockchain and Contact Tracing Application under the light of Data Protection Law and Privacy organized by LexTech (National Law University-Odisha), Law Essentials & Institute Innovative Cell (MHRD) held on 26th July 2020.
  22. 2) A panel member for discussion on ‘National Education Policy 2020’ on 13th September 2020 organized by The Quest SLR & Centre for Educational Research & Training (CERT).
  23. 3) Delivered a lecture on Democracy: Challenges & it's future (in English) on 27th December 2020The Course is being Conducted by PATH Foundation on “Constitutional Morality”
  24. 4) Delivered a lecture on Democracy: Challenges & it's future (in Hindi) on 4th April 2021The Course is being Conducted by PATH Foundation on “Constitutional Morality”
  25. 5) Delivered a Lecture at National Seminar on Privacy and A.I as a ‘Resource Person’ organized by Centre for Advanced Research on Constitutional Law at Karnavati University, Unitedworld School of Law at Ahmedabad on 12th October, 2019
  26. 6) Was a panelist in a webinar on ‘Plain Language’ movement organized by Law Essentials held on 26th March 2021.
  27. 7) Delivered a note on ‘Growth of Digital Constitutionalism in South-Asia Countries’ delivered in at Digital Constitutionalism Discussion Group hosted by Dr. Edoardo Celeste on 10th June 2021.
  28. 8) Was part of a panel on ‘Social Media and its impact on Social Media and Its impact on democracy’ organized by DNLU Vidhi Mitra & Association for Democratic Reform on 5th October 2020.
  29. 9) Delivered lecture on ‘Information technology Rules 2021: Constitutional Perspective’ at Expert Lecture Series – Gyanarjan hosted by Shobhit University, School of Law & Constitutional Studies on 18th September 2021.
  30. 10) Delivered a lecture on ‘Growth of Digital Constitutionalism in India’ organized by Prestige Institute of Management & Research (PIMR), Department of Law, Indore on 30th October 2021.
  31. 11) Delivered a lecture on ‘The Growth of Digital Constitutionalism in India’ for Law and Research Cluster Centre, Dublin City University, Ireland hosted by Dr. Edoardo Celeste on 9th November 2021.
  32. 12) Delivered a lecture on ‘Theories of Punishment’ at Amity Institute of Psychology and Allied Sciences on 12th November 2021.
  33. 13) Delivered a lecture on ‘Growing Concern of Cyber Technology’ in a certificate course on ‘Online Certificate Course on Cyber Law & Data Protection’ organized by Fortitude Learning on 24th December 2021.
  34. 14) I was invited to be a panelist at VM Salgaocar College of Law, Goa in a one-day consultative Western India workshop on behalf of National Commission for Women on 27th January 2024. I spoke on the topic of 'Legal framework relating to women's right to property in India under the Indian Constitution'. (Online)
  35. 15) I was invited to chair a session at the National Conference on Human Rights & Emerging Issues conducted by Xavier Law School, XIM University, Bhubaneswar in Collaboration with the Odisha Human Rights Commission on 19th-20th January 2024. (Online)
  36. 16) I was invited by Rai University to deliver a session on the topic of 'Higher Education and society' in a run-up to the application of the much awaited National Educational Policy -2020. Held on 1st February 2024. (Online)
  37. 17) I was invited to judge the preliminary rounds of 3rd Edition of the National Law University Odisha in collaboration with the Public Health Foundation of India National Moot Court Competition on 7th February 2023. (Online)
  38. 18) I was engaged with Madhya Pradesh State Judicial Academy in collaboration with Madhya Pradesh State Legal Services Authority for taking a few lectures on Constitutional Law for the 'Capacity building programme for advocates preparing for Higher Judicial Services' on 02/09/2023. (Online)
  39. 19) I was engaged with Madhya Pradesh State Judicial Academy in collaboration with Madhya Pradesh State Legal Services Authority for taking a few lectures on Constitutional Law for the 'Capacity building programme for advocates preparing for Higher Judicial Services' on 01/09/2023. (Online)
  40. 20) I was engaged with Madhya Pradesh State Judicial Academy in collaboration with Madhya Pradesh State Legal Services Authority for taking a few lectures on Constitutional Law for the 'Capacity building programme for Candidates preparing for Civil Judge, Junior Division (Entry Level) Recruitment Exam' on 19/12/2023. (Online)
  41. 21) I was invited in the 3rd AGM of Association of Taxpayers and Professionals to deliver a lecture on GST Council (Article 279-A) on 6th May 2023.
  42. 22) I was invited in a Seminar (Technical Session) at Gwalior on 7th January 2024 Sunday on GST and Income topics organized by Association of Taxpayers and Professionals on the topic of ‘Search and seized during movement of goods u/s 129.’
  43. 23) I was invited as a resource person for the orientation session of School of Law, Centurion University, Bhubaneswar. The session took place on 24th August, 2023. (Online).

Research and Consultancy

1. Completed research project worth Rs. 25,000 granted from Rashtriya Raksha University (RRU) for the Research topic ‘EFFICACY OF NSA IN PUBLIC ORDER MANAGEMENT IN MIDST OF COVID’, The research was a collaborative research.