Browsing by Author "Diksha Buragohain"

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    Customary Tribal Law, Digital Identity (Aadhaar), and Constitutional Pluralism in India: Legal Challenges and Pathways for Harmonizing Collective Rights with Individual State Recognition.
    (NLUJAA, 2026) Diksha Buragohain
    This dissertation examines the constitutional and jurisprudential tensions arising at the intersection of customary tribal law, digital biometric identity (Aadhaar), and constitutional pluralism in India. India's constitutional framework is inherently pluralistic: it accommodates customary tribal governance through the Fifth and Sixth Schedules, recognises collective rights of Scheduled Tribes through reservations and protective legislation, and simultaneously advances a project of individual rights anchored in Part III. The advent of the Aadhaar system which is a biometric digital identity infrastructure that has introduced a new axis of tension, imposing a uniform, state-centric, individual-based identity paradigm upon communities whose identities are constitutively relational, community-embedded, and governed by customary norms.