The war on the war on higher education

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.

Sharing post on how the Indian Constitution and PSUs conflict

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.

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 intoContinue reading “Sex Work and the Law: A Case for Nuanced Debate”

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 haveContinue reading “Treasure Hunting”

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. TheContinue reading “My paper on parliamentary oversight in India”

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 governanceContinue reading “Post on revising the regulatory framework for FDI and capital controls”

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 ActContinue reading “Putting Carts Before Horses. And How?”

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 toContinue reading “Constituency-wise Manifestoes, their regulation and consequences”

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 optimismContinue reading “Foreign direct investment in railways: Does national security matter?”

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 overchargingContinue reading “AAP Governance:The dangerous and regressive fight over Electricity pricing”

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 onContinue reading “Interesting reads: Media, merit vs. communism, and elections 2013”

Bangalore ATM Attack and police abdication

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”

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 youContinue reading “Introducing the Indian Public Administration Lexicon or “iPal”*”

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 anContinue reading “What entities are public authorities under the RTI Act?”

Can the state handle it?

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?”

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

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

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 issueContinue reading “RTI Amendment: Legislative supremacy and judicial intervention”

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 haveContinue reading “The narrative of independent regulators”

State Building in India II: Indian Constitution and new states

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”

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 overContinue reading “Ordinance Route”

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 andContinue reading “Transparency and Political Parties – Finding the Right Instrument”

Dams and disasters in the Himalayas

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”

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 changeContinue reading “The narrative of judicial appointments”

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

Death at Kedarnath: Mule owners and their right to strike

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”

The extinction of the Telegram

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”

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 theContinue reading “Defamation: who should you fear more- Big Govt. or Big Corporate”

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. TheContinue reading “Tumblr for our blog”

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 draftContinue reading “Why have pre-legislative scrutiny for Acts of Parliament?”

New uses of UID/Aadhaar operationalised

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”

Back to blog!

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!”

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.Continue reading “My article in Seminar Magazine on Parliamentary obstruction”

“Civil society” biases: Regionalism

India’s civil society has by now patted itself on the back for the umpteenth time having shown the political classes its raw, real-grassroot-democratic power by having its version of the Lokpal Bill passed. Let it now look inward to examine its own internal corruption. News reports and trending blogs indicate how wide, and how deepContinue reading ““Civil society” biases: Regionalism”

Borders, Elitism & False Development

Some interesting comments on the Maoist movement being made by Arundhati Roy (minute 10 onwards). I generally find her a little difficult to make sense of, but she was fairly lucid during this part of the conversation.

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 regulationsContinue reading “Consumer protection or curb on right to speech and expression?”

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 ofContinue reading “Can “civil” society also reform the state?”

India’s Foodgrain policy

I am putting up an article by Prof. Kaushik Basu (working with the Finance Ministry, and authored the Economic Survey of 2009-10) on India’s foodgrain problem in Economic and Political Weekly.  He summarises the point of the article as: The simultaneous occurrence of high food inflation and large foodgrain stocks in our granaries has beenContinue reading “India’s Foodgrain policy”

How lack of transparency kills the credibility of the government

Lack of routine information available in the public domain plays a huge role in reducing the credibility of the state, and making citizens more suspicious of it than we need to.   A prime example of this would be related to the appointment of Mr. Thomas as CVC chief, and the apparent changing of rulesContinue reading “How lack of transparency kills the credibility of the government”

How Indian media can become better

The New York Times quotes Thomas Jefferson, one of the founding fathers of American democracy as having said that “he would rather have newspapers without government than government without newspapers.” If such is the exalted status which a founder of the world’s oldest democracy gave to the media, it is perhaps important for the mediaContinue reading “How Indian media can become better”

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