Should cheque-bouncing be a crime? Issues and consequences

It has been estimated that about 30% of criminal cases in Indian courts are either cheque bouncing or traffic offences. The government has now proposed to amend the Negotiable Instruments Act (N.I. Act) to decriminalise the offence of bouncing cheques (called `138 N.I.' in legal circles) (See here). This move is aimed a decongesting the... 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 →

My article in Seminar Magazine on Parliamentary obstruction

Following is the article I wrote for Seminar Magazine (May 2013 issue) as a response to a piece on obstructions in Parliament: Communication AN article in the February 2013 issue of Seminar titled ‘The Real Price of Parliamentary Obstruction’ by Tarunabh Khaitan highlights the issue of recent obstructionism in Parliament and elaborates on its attendant consequences. The piece highlights... Continue Reading →

Consumer protection or curb on right to speech and expression?

-writing from Harvard Law School   There have been recent news reports (though surprisingly few - here and here) on new government regulations that ostensibly seek to protect cell phone users from unwanted marketing calls, but may actually amount to restrictions on individual rights to free speech and expression. The telecom regulator TRAI introduced regulations... Continue Reading →

Can “civil” society also reform the state?

-writing from Harvard Law School.   Over the last few months, people have either whole-heartedly supported Ana Hazare's crusade against corruption, or have cautioned against the dangers of un-deliberated actions by civil society. Some have also taken pains to highlight how the movement is seemingly undemocratic.  One of the most interesting analyses I read of... Continue Reading →

India’s intelligence Agencies – II

In yesterday's post, I had mentioned in passing the lack of any law, legal framework or accountability with regard to intelligence agencies being a major issue.  I elaborate on the subject here. “Parliamentary approval of the creation, mandate and powers of security agencies is a necessary but not sufficient condition for upholding the rule of... Continue Reading →

Who holds intelligence agencies accountable?

I have put up a blog post on my organisation's blog on the issue of Parliament's oversight of intelligence agencies such as RAW and IB.  In India, there is absolutely no scrutiny by our popularly elected Parliament of the intelligence agencies in the country.  The blog post "Parliamentary Oversight of Intelligence Agencies" cites examples from... Continue Reading →

How well are major government schemes working?

The background to this post comes in the realisation that though the government has launched big ticket "social-welfare" schemes in the last decade or so, the government should not merely be throwing money at problems existing in our society.  Social welfare schemes should have well-designed, well-formulated structures which can maximise benefits to the poor or... Continue Reading →

Do strict laws really help when nobody enforces them?

In another move by the government to show its doing something about the pressing inequities in society, the Home Ministry has proposed framing stricter laws to rein in Khap Panchayats and their extra-constitutional activities.  The issue simply put, is: will stricter laws help in ensuring that the laws of the state are applicable to Khap... Continue Reading →

Commonwealth Games II: Delhi’s War on Beggars

Various anecdotal evidences from peers and one's own experiences reinforce impressions of Delhi's transition to a "world-class" city without the transition to world-class systems.  One aspect of this is simply how extreme the difference between the purchasing power of those at the top and bottom of the economic pyramid is.  However, when one hears reports... Continue Reading →

Survey on SC/ST Atrocities: The Crimes we never talk about

Media coverage on crime is heavily skewed in favour of reporting urban crime as opposed to rural, or caste-based crime.  Though we occasionally hear reports of honour killings, or entire community households being burnt down, they are reported more as examples of a malaise afflicting society.  This malaise itself is not talked about.  This post... Continue Reading →

India’s Constitution that Gandhi (never) wrote

India has developed a rich tradition of Parliamentary democracy over the past sixty years or so.  However, time and again we face major disruptions and challenges to the form of government that our founding fathers established.  It might therefore be worthwhile to examine whether there was any alternative form of democracy we could have adopted... Continue Reading →

How expensive is corruption? Public Administration I

Every instance where corruption is a topic of discussion revolves around one central question (apart from the obvious immorality of it):  How much does corruption cost society as a whole?  I recently picked up a book in an order to understand the process of public administration better.  Its preface gave at least one, objective estimate... Continue Reading →

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