I have a new essay on the privacy discourse in India up at the LEAP Blog. I am reproducing the essay below: Kings will be tyrants from policy when subjects are rebels from principle. – Edmund Burke, Reflections on the Revolution in France Edmund Burke wrote these lines in a scathing critique of the demiseContinue reading “Privacy, Aadhaar, Data Protection: Statist Liberalism and the Danger to Liberty”
I have a new post up on Prof. Ajay Shah’s blog discussing the Government’s move on demonetisation, and the problems with the way the discourse on demonetization is being shaped, and the probable ripple effects of this move on society. Here is the link: http://bit.ly/2fwh3pf The post is reproduced below: The Government’s move to demonetise Rs.Continue reading “Problematic terms in the demonetisation debate”
India has now witnessed a three decade long agenda of revivalist Hinduism centred around the city of Ayodhya. The latest proposal to construct something in Ayodhya is however a bewildering move given how symbolic the agenda of constructing a Ram temple in Ayodhya is to the Hindu right wing of the country. As per theContinue reading “Ram temple to Ramayana museum: “
http://www.rollingstone.com/politics/features/the-fury-and-failure-of-donald-trump-w444943 This is a brilliant article in Rolling Stone magazine about the anger of the Republican party’s base at the realisation that their leaders have essentially sold them down the river through the decades. It’s also a great reminder of how populations react to the obnoxious and snobbish behaviour of elites, and how they respondContinue reading “When the political establishment deserts you”
USA First Lady Michelle Obama absolutely excoriated Donald Trump in a speech the day before. Must watch for everyone.
I have a chapter in an upcoming publication — “The Oxford Handbook of the Indian Constitution” on the freedom of movement and residence in India.
Which government is worse for higher education in India? That has become an interesting point of debate on the Indian Express in the last few days.
When the coercive power of the State is wielded by the executive, this should be accompanied by appropriate checks and balances. Good practice in regulatory governance requires that when regulators wish to make changes to regulations, and thus affect the rights of private parties, the regulators must furnish reasons for making those changes. This increases transparency, predictability, and accountability.
I have a post on Prof. Ajay Shah’s blog discussing how the constitution prevents PSUs from taking pure commercial decisions from their very inception: Click Here.
I have a recent piece in the Indian Express on the misplaced prioritisation on bringing back black money. The op-ed can be found here. The piece is reproduced below. ————————————————– Suppose you are the government of a country badly in need of gold, but with only Rs 100 with which to get some. You haveContinue reading “Treasure Hunting”
My paper proposing a framework for Parliamentary Oversight in India has been published in the NUJS Law Review (link). A brief description of the paper: “ The need for a strong monitoring mechanism of the Executive in India has been made clearer by recent allegations of corruption against high-ranking officials of the central government. TheContinue reading “My paper on parliamentary oversight in India”
I have a co-authored post on the reforming the FDI regulatory framework in India on Ajay Shah’s blog here. The post was published on April 21, 2014, and has been co-authored by me, Ajay Shah, and Arjun Rajagopal. The post is being reproduced below. Capital controls against FDI in aviation: An example of bad governanceContinue reading “Post on revising the regulatory framework for FDI and capital controls”
This post was first published by Humorlessindianlawyer.blogspot.in on April 8, 2014. Imagine, living in India with a Parliament that makes laws, an executive that implements these laws and a court system that interprets these laws. Now, imagine Parliament making the following law: Right to regulate all Economic Activities Completely Act, 2014 Section 1. This ActContinue reading “Putting Carts Before Horses. And How?”
1 Introduction Today’s Mint carries an article on how political parties have increasingly moved to a system of “localised” manifestoes for the 2014 general election. This is a significant trend that began with Aam Aadmi Party’s Delhi election campaign where it released local manifestoes for each assembly constituency (link). The BJP followed suit in Delhi, and according toContinue reading “Constituency-wise Manifestoes, their regulation and consequences”
This post has been written by Mr. Pratik Datta. Background Present Indian laws ’prohibit’ foreign direct investment (FDI) in railways (other than mass rapid transport system). Of late there has been growing expectation that the Indian Government might allow 100% FDI in construction and maintenance of railway projects (but not in operations). Suddenly the optimismContinue reading “Foreign direct investment in railways: Does national security matter?”
1 Introduction The Aam Aadmi Party led Delhi Government has (link) slashed power tariffs in Delhi, and is in the midst of an ongoing tussle (link) with Reliance owned discom BSES over the supply of electricity in certain parts of Delhi. The AAP, even before taking the reins of the Delhi Government had long accused the Delhi discoms of overchargingContinue reading “AAP Governance:The dangerous and regressive fight over Electricity pricing”
Some good stuff to read this week: Vinod K. Jose in Caravan on the lack of a larger philosophical framework for the Indian media to operate within: “Habits of Mind” Nobel Laureate physicist Walter Kohn remembers one-time partner, Indian physicist Chanchal Kumar Majumdar in “A master and his protege“. Pratap Bhanu Mehta’s engaging piece onContinue reading “Interesting reads: Media, merit vs. communism, and elections 2013”
A woman bank manager was brutally attacked yesterday while inside an ATM in Bangalore yesterday. Apart from the gruesome attack on the lady, what has been bizarrely shocking has been the response of the police to the same. Facts: On Nov. 20, a woman, who is also a bank manager (not clear if she wasContinue reading “Bangalore ATM Attack and police abdication”
iPal is an attempt to make comprehensible certain words that sound familiar, but mean something entirely different when used in Indian governance and politics. 1. Aam Aadmi: Rich people who dress badly. 2. Public interest: a) Interest of Aam aadmi. b) source of power to override law, constitution, logic, reason, everything. 3. Subsidy: Screw youContinue reading “Introducing the Indian Public Administration Lexicon or “iPal”*”
The text below is from my brief titled “Who is a Public Authority under the Right to Information Act, 2005?” as published on the website of Accountability Initiative, published in September 2013. The brief can be accessed here. The definition of ‘public authorities’ under the Right to Information Act, 2005 (“RTI Act”) has been anContinue reading “What entities are public authorities under the RTI Act?”
This post was first published on http://logos.nationalinterest.in on September 15, 2013, and can be accessed here. A minimalist theory of state functions explains the main functions of the state as being (a) the function of collecting revenue, (b) the maintenance of law and order, and (c) the protection of a nation’s boundaries. State capacity isContinue reading “Can the state handle it?”
This post was first published in The Broad Mind, on September 12, 2013. Both houses of Parliament recently passed The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (“2013 Act”), repealing the century-old Land Acquisition Act, 1894. For years, the new law was touted as the panacea to theContinue reading “Fatal attraction: The State’s “public purpose” in Land Acquisition”
According to recent news reports the Indian Olympic Commission will continue to be disbarred from the International Olympic Association, due to its refusal to accept a “contentious” clause that prevents “charge-sheeted officials from taking part in administration or contesting elections.” (read here, and here) The reason is not difficult to fathom: “Its secretary-general Lalit Bhanot facesContinue reading “The Indian Olympic Committee follows the “law of the land””
This is a guest post by Jeet H. Shroff. Jeet has completed his Masters’ in law from Harvard Law. The recent decision of the Supreme Court striking down, by a majority of 2:1, the common medical entrance examination conducted by the Medical Council of India (MCI) raises important questions on the now-obvious contradiction between the Court’s statedContinue reading “Not so NEET”
Bhargavi wrote a great piece yesterday on the tendency of legislatures to nullify judicial pronouncements by passing laws which overturn judgements/orders. She rightly pointed out this practice as a major issue which needs greater deliberation. There is however, one other issue which needs to be considered while thinking of possible solutions. This is the issueContinue reading “RTI Amendment: Legislative supremacy and judicial intervention”
This post first appeared as an article on Bar and Bench on July 31, 2013. The original can be accessed here. Those following important policy developments recently will notice numerous announcements proposing new “independent” regulators. Beginning with SEBI in the early 1990s, and TRAI in the late 90s, a number of independent regulators haveContinue reading “The narrative of independent regulators”
I had written this post in 2009 when Telengana first became a major political issue. I am re-posting it since major decisions about the creation of Telengana are underway. Minor edits and updates have been made and are provided in italics. In my earlier post on the issue of Telengana’s statehood, I tried to provideContinue reading “State Building in India II: Indian Constitution and new states”
This article first appeared in Frontline on July 24, 2013, and can be accessed here. In my article, I examine the true intent behind giving the executive the power to promulgate ordinances, and how the use of this power has been at complete variance from such original intent. The misuse of this power overContinue reading “Ordinance Route”
In a recent post, I had written on why I think bringing political parties under the Right to Information Act is a bad idea. Economic and Political Weekly recently published my article on the same topic, where I critique the judgement of the Central Information Commission in detail, and argue that transparency in incomes andContinue reading “Transparency and Political Parties – Finding the Right Instrument”
This post was first published as an op-ed by Mint on July 9, 2013. The original article can be accessed here. Relief operations in disaster-ravaged Uttarakhand have ended and the time seems ripe to take account of the institutional frailties that have contributed to the ongoing human disaster in the state. Chief minister VijayContinue reading “Dams and disasters in the Himalayas”
This post first appeared as an article on Bar and Bench on July 2, 2013, and can be accessed at their website here. News reports have indicated the government’s plan to establish a judicial appointments commission (“JAC”) for the appointment of Supreme Court and High Court judges. If established, the body would not only mark a sharp changeContinue reading “The narrative of judicial appointments”
The Central government recently set up a Group of Ministers to propose reforms and ensure the functional independence of the CBI. This came in the wake of the Supreme Court criticizing the government for its interference in the Coal blocks allocation scam. The Court had asked the government to “come out with a law toContinue reading “Proposed CBI Reforms: Will the Central Bureau of Investigation remain a “caged parrot”?”
Little noticed news reports in a couple of papers (here and here) indicate that the death of many pilgrims in Kedarnath may have been exacerbated by the actions of local mule owners and contractors for car parking lots in the days leading up to the heavy rains and clash floods. The local mule owners andContinue reading “Death at Kedarnath: Mule owners and their right to strike”
Firstpost reports that the Telegraph service in India will be discontinued from July 15, 2013, 160 years after the service was started in India. While telegrams have really become a relic, a service that people hardly use anymore, the growth and advent of telegraphs in India parallels the growth and spread of the British empireContinue reading “The extinction of the Telegram”
The Central Information Commission (CIC), on June 3, 2013, stated that political parties are “public authorities” under the Right to Information Act, 2005 (RTI Act). Public authorities under the RTI Act are required to make pro active disclosures regarding their organization and its functioning. In addition, they have to appoint Public Information Officers (PIOs). MembersContinue reading “Should political parties be subject to the Right to Information Act?”
Unlike many other countries, India has both civil defamation (if you defame someone, you have to pay compensation), and criminal defamation (you defame someone, you go to jail). Most other countries have removed criminal defamation as a crime from their law books. The result is that in India, not only does a publisher face theContinue reading “Defamation: who should you fear more- Big Govt. or Big Corporate”
Dear all, please note we have also created a tumblr page for our blog, and will be sharing posts there simultaneously as well. The tumblr page can be accessed at: polityinindia.tumblr.com. W.e.f this week, this blog has become a collaborative effort between 8-9 young professionals working broadly in the law and public policy sector. TheContinue reading “Tumblr for our blog”
This post is part-comment, part-response to Nick Robinson’s post on the Law and Other Things Blog (please do check the blog out!) regarding the NAC’s proposal for having pre-legislative scrutiny of Bills to be passed by Parliament. The National Advisory Council came out with “Draft Recommendations on Pre Legislative Process” for both draft rules, and draftContinue reading “Why have pre-legislative scrutiny for Acts of Parliament?”
According to a NY Times blog post today, 3 different uses of UID numbers, or Aadhaar were operationalised recently: “Those in the Aadhaar system will now be able to identify themselves by using an eye scanner, which checks the unique patterns in their irises, and providing their ID number. Those with mobile phones can alsoContinue reading “New uses of UID/Aadhaar operationalised”
Dear All! Welcome back. I have been away from the blog for a while, but have decided to renew blogging actively again. I hope to give you interesting stuff to read once or twice every week, and engage you in some sort of debate on the stuff I write. So please let me know ifContinue reading “Back to blog!”