Tag: politics

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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Balancing Rights and Justice: The Constitutionality of Psycho-Analysis Tests

This article delves into the constitutionality of psycho-analysis tests within criminal investigations in India. It critically examines the conflict between these investigative tools and the fundamental rights against self-incrimination (Article 20(3)) and the right to privacy (Article 21) under the Indian Constitution. The author argues that justice should be served while balancing state interests with individual freedoms.

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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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The Delhi Water Crisis Case: Activism or Overreach?

The Supreme Court gave a landmark decision in the Delhi water crisis case. The Author attempts to decode certain aspects of the judgement, focusing on its directive to release Yamuna river water amid acute scarcity in the capital. It examines the legal intricacies surrounding the Court's jurisdiction, the implications for water management, and the dynamics of inter-state water disputes. Central to the discussion is the debate over whether the Court's intervention signifies judicial activism or exceeds its constitutional mandate. By analyzing these complexities, the Article underscores the judiciary's role in ensuring equitable outcomes and protecting fundamental rights in critical public interest matters.

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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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Breaking Bonds: Analysing the Supreme Court’s Verdict in Association for Democratic Reforms v. Union of India

The Supreme Court gave an historical verdict that ended the brief but significant era of the Electoral Bonds Scheme. This article aims to clarify the arguments presented by all parties involved and offers an accessible interpretation of the court's judgment. It also aims to delineate suggestions that may be considered as the next step in the overall mission of conducting free and fair elections in the world's largest democracy.

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Turning Gavels into Papal Ferula: Unravelling the essential religious practices doctrine

The article examines the Essential Religious Practices Doctrine in India, tracing its evolution, implications, and critiques. It explores how the doctrine, first derived with the intention to protect religious practices with secular and economic connotations, has evolved into an anathema for religious freedom, empowering the Court to decide people’s faith for them. Analysing its impact, the article suggests alternative approaches, emphasizing individual rights and deference to religious groups. It argues for reconsideration of the ERP doctrine due to its potential to undermine religious freedoms and the judiciary's authority, emphasizing the need for the same.

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