Fatal attraction: The State’s “public purpose” in Land Acquisition

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 →

The Indian Olympic Committee follows the “law of the land”

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 Minority Vote

This post is a reaction to media reports and analyses that look at the population size of various minority groups and anticipate how it may affect the political outcome in elections. In India, the Modi-Gandhi face-off has led media to calculate Hindu-Muslim ratios in various states and accordingly predict the result of the upcoming elections... Continue Reading →

RTI Amendment: Legislative supremacy and judicial intervention

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: Questioning the largesse of retrospective laws.

On June 3, 2013, a full bench of the Central Information Commission (CIC) passed an order declaring six political parties to be public authorities[i], and consequently bringing them under the ambit of the Right to Information Act, 2005 (RTI/ Act). Not unexpectedly, the Centre was quick to react. The UPA and the opposition were quicker... Continue Reading →

Let the public participate

This post was first published in Takshashila's Pragati - The Indian National Interest Review on May 3, 2013.  The article can be accessed here. Given the failure of many government legislations in achieving the objectives for which they were formulated, a case for institutionalising deeper public consultations in the legislative process has been made in... Continue Reading →

The narrative of independent regulators

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 →

Ordinance Route

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 →

The DIPP and Indian FDI policy – The long road to clarity

This post was first published by Bar and Bench on July 23, 2013. The original article can be accessed here.   Recently, the Department of Industrial Policy and Promotion (DIPP) prescribed a comprehensive format allowing investors and businesses to seek formal clarifications in connection with the Indian FDI policy regime. For the vast Indian legal community having... Continue Reading →

Is the Food Security Ordinance a game-changer for India’s poor?

Citing the disruptions in Parliament, the UPA government decided to promulgate the National Food Security Ordinance on July 5. Under Article 123 of the Constitution, the President can promulgate an Ordinance when Parliament is not in session and there is need for ‘immediate action’. It is possible that the government has crossed a line of... Continue Reading →

Electoral Reforms, Vol. I: Recent developments and issues

Crime and Punishment Parliament This post is the first installment in a series on electoral reforms. Last week was a blockbuster one for election law, bringing us not one, but two Supreme Court decisions with implications for convicted criminals, political candidates, legislators, and combinations thereof. On Thursday, the Supreme Court ruled that individuals lodged in... Continue Reading →

Transparency and Political Parties – Finding the Right Instrument

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 and... Continue Reading →

US v. Windsor: A Case for Same-Sex Marriages?

The US Supreme Court recently gave a landmark decision in US v. Windsor holding Section 3 of the Defense of Marriage Act, 1996 (DOMA), which defines “marriage” as excluding same-sex unions, unconstitutional. Here’s a quick summary of the judgment. The full 77-page judgment is available here. The decision also contains some lessons for the treatment... Continue Reading →

The Asylum Debate

This article written by Roshni Shanker and Vasudha Reddy originally appeared in Outlook Online, and can be accessed here.  Earlier this week, India joined the list of countries that have denied asylum to Edward Snowden, the former National Security Agency consultant, stating that it sees no reason to accede to the request. The decision comes only... Continue Reading →

The narrative of judicial appointments

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 →

Proposed CBI Reforms: Will the Central Bureau of Investigation remain a “caged parrot”?

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 to... Continue Reading →

How safe is your personal data with your service provider?

Even as the world grapples with the idea of State surveillance, Financial Times recently carried an alarming article revealing the extent of private surveillance that we may unknowingly be subjected to. The article discloses that in the multi-million dollar consumer surveillance industry, your basic personal data such as gender, age and location is sold for... Continue Reading →

Time-bound delivery of Public Services now a reality?!

Tired of paying repeated bribes for common public services?  Tired of running around in circles to collect government documents? Tired of waiting forever for your file to move? The Right to Public Services Legislation could be the one stop solution for all your woes! My experiences with government services haven’t been the most pleasant ones.... Continue Reading →

What ails India’s public health delivery system

Recently, the Cabinet approved the Ministry of Health and Family Welfare’s new programme, the National Urban Health Mission (NUHM), which seeks to focus on the public health needs of the urban poor. NUHM is the new scheme under the government’s overarching National Health Mission (NHM) programme. The existing National Rural Health Mission (NRHM) is the... Continue Reading →

Welcome to the surveillance state

Last week brought us explosive revelations from the The Guardian that the US National Security Agency (NSA) is conducting extensive surveillance on internet traffic patterns, email, and telecommunications. While perhaps not surprising, the news was shocking on at least three levels – (1) the program’s extensive reach, (2) its corporate participation from the likes of... Continue Reading →

In the upcoming issue of the Economic and Political Weekly, I critically analyse the draft Disclosure of Lobbying Activities Bill, 2013 recently introduced in the Parliament. The article recognizes that the Bill is perhaps the first official recognition of the fact that lobbying practices are omnipresent. However, it questions the seriousness of political leaders in... Continue Reading →

Should political parties be subject to the Right to Information Act?

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). Members... Continue Reading →

Anti-corruption clauses in international trade agreements: Should the Indo-EU Agreement have one?

  India and the European Union are closer, now more than ever before, to finalizing the Trade and Investment Agreement (Indo-EU TIA/ Agreement), which they have been negotiating since 2007.[1] This is perhaps the perfect time for India to press for ‘anti-corruption’ provisions to be included in the still-being negotiated Agreement. Taking cue from its... Continue Reading →

Can’t bank on it

This article was co-authored by me, and appeared in the Indian Express on June 4, 2013. The original may be found here. According to a recent press release by the Reserve Bank of India, its board met in early May. This was the first board meeting after the Cobrapost exposé, revealing widespread failure by banks... Continue Reading →

How good is the data for monitoring government schemes?

Recently, a news item brought to attention a crucial but not often discussed matter on the quality of data collected at various levels of the government. It quoted a report from the Planning Commission’s think tank, Institute of Applied Manpower Research (IAMR) which found that the data on the government’s many flagship schemes was either... Continue Reading →

Defamation: who should you fear more- Big Govt. or Big Corporate

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 the... Continue Reading →

Tumblr for our blog

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. The names... Continue Reading →

Law to regulate lobbying in India

Recent news reports suggest that the committee investigating the case of Walmart lobbying the Indian government to allow FDI in the retail sector is going to submit its report shortly.  It is reported that the committee could not find evidence of Walmart bribing any government official or indulging in any unlawful activity.  However, the committee may... Continue Reading →

Why have pre-legislative scrutiny for Acts of Parliament?

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 draft... Continue Reading →

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