Tag: Democracy

Citizenship and Exclusion: The Dynamics of Electoral Roll Revision and Disenfranchisement in India, 2025

Several women outside a polling booth holding up their fingers with the marks of indelible ink.

The authors explore the usage of disenfranchisement as a tool for political exclusion, particularly of groups likely to vote against political order belonging to minority or historically discriminated groups. The piece questions the legitimacy of the Election Commission's discretionary powers to refuse electoral right on the basis of citizenship, being a body not expressly authorised to determine citizenship, in the face of the constitutionally guaranteed mandate of electoral rights.

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Battling Digital Disinformation: The Imperative of Fact-Checking in a Participatory Democracy (Part I)

Disinformation and misinformation has been earmarked as a ‘global risk’, causing ‘information pollution’ that adversely impacts decision making and socio-economic and political stability. In light of this, Part – I of this Article aims to expplain the imperative and constitutionality of the Fact-Check Unit (FCU) under Rule 3(1)(b)(v) of the IT Rules, 2021, through a comparative study. 

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Deliberation as a Constitutional Requirement: Examining the Judicial Review of Legislative Process in India (Part II)

This article, in two parts examines the constitutional implications of non-deliberative legislative processes in India, focusing on recent controversial laws like the electoral bonds scheme. It argues that deliberation is integral to parliamentary democracy and proposes that courts should be empowered to review legislative processes on grounds of non-deliberativeness to uphold constitutional values and improve democratic outcomes.

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Deliberation as a Constitutional Requirement: Examining the Judicial Review of Legislative Process in India (Part I)

This article, in two parts examines the constitutional implications of non-deliberative legislative processes in India, focusing on recent controversial laws like the electoral bonds scheme. It argues that deliberation is integral to parliamentary democracy and proposes that courts should be empowered to review legislative processes on grounds of non-deliberativeness to uphold constitutional values and improve democratic outcomes.

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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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Federating Rights: Democracy, Federalism and Governance

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.

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Discussing various facets of Laws on Freedom of Speech and Expression: Whether anti-hate Legislation would be an effective way to combat Hate Speech or is it the Counter Speech which acts as a Catalyst?

The authors, in this piece, argue that counter speech is a more viable way to curb hate speech rather than resorting to outright censorship. A perspective on hate speech in a global level is provided that gives a view of how other countries deal with this issue, while arguing that anti-hate legislation that is enacted by most countries may not be the best solution to hate speech. Contours of the counter-speech mechanism are provided justifying it as the best solution.

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