Sex Work and the Law: A Case for Nuanced Debate

The debate over legalization vs decriminalization of prostitution is in the public domain with reports that the National Commission for Women has recommended legalization to the Supreme Court appointed panel for rehabilitation of sex workers. The panel, formed in 2011 when the Supreme Court suo motu converted a criminal appeal relating to a murder of a sex worker into... Continue Reading →

Treasure Hunting

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 have... Continue Reading →

My paper on parliamentary oversight in India

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 →

Protecting the Harassed and the Harasser

The Supreme Court recently passed a controversial judgment condemning ‘automatic’ arrests by police in dowry harassment cases against husbands and in-laws. The judgment has received a mixed response. While its supporters praise the Court’s strong statement against misuse of this law by women, others raise concerns over the rights and safety of victim women. While... Continue Reading →

Post on revising the regulatory framework for FDI and capital controls

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 →

Putting Carts Before Horses. And How?

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 →

Constituency-wise Manifestoes, their regulation and consequences

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 →

Foreign direct investment in railways: Does national security matter?

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 →

AAP Governance:The dangerous and regressive fight over Electricity pricing

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 →

Interesting reads: Media, merit vs. communism, and elections 2013

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 →

When Sex is not Rape

In October this year, an additional sessions judge in Delhi pronounced a controversial judgment in a rape case involving sexual intercourse between a man and a woman after they informally performed certain marriage-related ceremonies without getting legally married. This post reflects upon the judgment and highlights certain ironies that flow out from the ideology behind... Continue Reading →

Introducing the Indian Public Administration Lexicon or “iPal”*

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 →

What entities are public authorities under the RTI Act?

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 →

India’s BigLaw: Metamorphosis from deal making to policy activism

This post was first published on http://blogs.law.harvard.edu/legalprofession/, on September 23, 2013.  As skepticism mounts over India’s economic resilience and economists rush to blame India’s policy framework for the woes of her economy, the role that India’s BigLaw plays in her law and policy making processes assumes greater significance now more than ever before. In the backdrop... Continue Reading →

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 →

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 →

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