National Law University Odisha
The article is premised on the recent GNCTD Act and its impact on federalism. It takes a detour from the popular discourse and explores federalism through the lens of fundamental rights. It argues that the right to vote and self-governance can be considered fundamental rights under Article 19(1)(a) of the Indian Constitution.
This is the second part out of two parts of an article dealing with the transfer of judges within the Indian judiciary. The second part will explore the validity and viability of the two mechanisms that can instill transparency- suo moto disclosure of reasons by the collegium and obtaining the disclosure of reasons through the Right to Information Act, 2005. It explains how both of these mechanisms are unviable, in turn concluding that the expectation of transparency would not be able to translate into reality.
Constitutional Law Society 