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.
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. The Indian Parliament … Continue 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 governance … Continue 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 Act … Continue 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 to … Continue 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 optimism … Continue 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 overcharging … Continue 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 on … Continue 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 was … Continue 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 you … Continue 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 an … Continue 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 is … Continue 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 the … Continue 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 faces … Continue reading The Indian Olympic Committee follows the “law of the land”
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 issue … Continue 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 have … Continue reading The narrative of independent regulators
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 over … Continue reading Ordinance Route
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 change … Continue reading The narrative of judicial appointments