Category: Legislation Reviews

Pardon The Interruption: Silencing Of Judicial Review By §472(7) Of BNSS, 2023 [Part I]

This two-part essay examines Section 472(7) of the Bhartiya Nagarik Suraksha Sanhita, 2023, which seems to bar judicial review of constitutional pardon powers of the executive. It highlights how the provision undermines constitutional principles, including separation of powers, rule of law, and fundamental rights. The first part discusses the current, pre-BNSS, judicial and constitutional framework, emphasizing the need for a limited judicial review to prevent executive arbitrariness. The second part critiques the new provision and proposes a harmonized interpretation to preserve judicial oversight and safeguard democratic principles against executive overreach.

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Laissez-Faire Meets Localism: Domicile Reservations in Karnataka’s Private Sector

The Karnataka government recently introduced a bill mandating substantial reservations for domiciled residents in private-sector jobs, which was swiftly put on hold amid widespread criticism. This blog explores the complex constitutional, legal, and economic ramifications of such domicile-based reservations. By examining judicial precedents and constitutional provisions, the Author highlights the tension between promoting local employment and upholding the principles of meritocracy and laissez-faire that govern private enterprises. Drawing comparisons with similar initiatives in Haryana and Andhra Pradesh, which faced judicial pushback, this analysis underscores the potential risks to Karnataka's economic landscape if the bill were to be implemented. The Author argues that while the intention to support local employment is commendable, it must be balanced with the need to maintain a business-friendly environment and respect for constitutional guarantees of free movement and equality across states.

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FRMB Act 2003: A Source of Fiscal Anxiety, not Prudence

Here, the Author examines the FRBM framework post 2009. It starts with a discussion of the evolution of the Act. It then discusses the logic of fiscal federalism adopted in the Indian constitution - along with its statutory contortions. It problematises the erosion of state fiscal autonomy in the context of the FRBM Act. Finally the piece speaks of the feasibility of balancing fiscal prudence with sub-national fiscal autonomy within the constitutional framework.

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Unraveling the Chief Election Commissioner and the Other Election Commissioners Act, 2023: Implication and Challenges

The recent enactment of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023 has gathered significant attention and controversy, particularly due to its apparent contradiction with a recent Supreme Court judgment. This article provides a comprehensive analysis of the Act, highlighting its significant provisions and exploring its legal and constitutional implications. By examining the Act in detail, the article explains the potential repercussions of the legislation and its alignment, or lack thereof, with constitutional principles. This analysis is essential to understand the broader impact of the Act on the electoral framework and democratic processes in India.

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Unconstitutionality of Section 15 of the Hindu Succession Act, 1956- Discrimination in the Order of Inheritance

In this Legislation Review, the Author has explained how Section 15 of the Hindu Succession Act violates Articles 14 and 15 of the Indian Constitution, rendering it unconstitutional. This has been done in light of a recent petition to the Supreme Court. While the Act claims that the order of inheritance is based on the proximity of the relationship, Section 15 does not adhere to this principle. This also goes against the principles of justice, equity, and good conscience. Thus a new scheme for Section 15 has been proposed.

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The Places of Worship Act, 1991: An Enquiry into Constitutionality

The Places of Worship Act was intended to cease communal conflicts over history but it has failed to prevent conflicts such as the Gyanvapi Row. A part of this failure is attributable to the legislature’s omission to succinctly identify the existence of complex religious structures and conflicting historical experiences. This article examines the constitutionality of the Act’s provisions against the backdrop of history and provides an analysis of the ambiguity in the Act that needs rectification to ensure the true realization of justice.

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Re-evaluating the U.S. Judgement on Affirmative Action: A need for reconsideration?

The recent US Supreme Court verdict asserting race-based reservation unconstitutional has ignited widespread criticism globally. The article delves into analyzing the implications of the judgment on American society and its education system. Drawing parallels with the trend of affirmative action in India, the authors suggest that the US Supreme Court should draw a comparison between the discrimination faced by untouchables and blacks in India and the US respectively. Hence, the authors advocate for reconsidering the recent judgment, arguing that the previous system of affirmative action aligns better with the principles of justice and equality.

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Constitutionality of Tracking Web Searches Vis-A-Vis Right to Privacy: An Analysis

The piece anatomizes and critiques the recent steps implemented by the Uttar Pradesh Police to curb the use or watching of pornography by implementing mechanisms which include tracking web-searches as well as storing private data. The author has analyzed these steps in light of Constitutional provisions and former judicial precedents to highlight that not only are these measures unconstitutional, but also go beyond the scope of permissible State action in stymieing individual autonomy of citizens.

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