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Speaking the Same Language: How Ethnonationalism and Hindutva Seep into the Adjudication of Citizenship in Assam
No full textIn the border state of Assam, questions of security, identity and citizenship have long shaped its politics. This essay focuses on the evolving jurisprudence of citizenship in the Indian border state of Assam. The author analyses 1,444 judgments of the Gauhati High Court, passed between 2013 and 2019, to study how courts interpret and enforce the laws of citizenship
Women’s Ownership of Livestock Assets: Evidence from Karnataka
No full textLivestock contributes significantly to India’s agricultural sector, and rural women supply the bulk of labour to the household livestock economy. There is, however, scarce information on women’s ownership of livestock assets. This paper examines problems of collecting data on ownership of livestock assets. It studies patterns of livestock ownership by gender, using data from the Karnataka Household Asset Survey (KHAS) 2010–11 and primary data collected from two villages of Karnataka in 2020. Women owned animals of lower value than animals owned by men. Women owned animals that were raised in the homestead and whose care could be interspersed with routine household work. Animals owned by men were generally grazed outside the compound and brought higher economic returns to the household than livestock owned by women
Environmental Law and Governance in India
No full textThis book provides an insightful and holistic up-to-date perspective of the constitutional governance and legal framework in India with regard to environmental protection.
Covering the foundational principles of environmental law, the book details the current status of international environmental law in the face of complex environmental challenges including climate change. The topics covered include water resource governance, and coastal regulation, with a particular focus on the growing significance of the National Green Tribunal. It also covers the wide range of policies that have been introduced over the past 50 years and the impact these have had.
The book will be of interest to researchers, legal practitioners, and scholars in the field of environmental law and governance as well as international law.https://repository.nls.ac.in/books/1051/thumbnail.jp
Probity for the 3rd Pillar: Why Judges Must Reveal Their Financial Status
No full textShould judges be obliged to disclose their financial status to the larger public? This article intervenes in the ongoing debate around this question and argues that a proactive disclosure of the financial status of serving judges would help in developing and maintaining public confidence in the judiciary
The Fate of \u27Essential Religious Practices\u27 in India\u27s Constitutional Courts
No full textIt has been nearly seven decades since the Indian Supreme Court laid down the “essential religious practices” test to determine which religious practices are granted constitutional protection against state regulation. This article surveys the forty-three cases in which the essentiality plea has been raised since its formulation in 1954 until August 2022. Although the essentiality plea has a staggeringly high failure rate of 84 percent before India\u27s constitutional courts, judicial decisions show a shift in legal rationale. The article shows that many of these decisions invariably reflected the socioreligious context of their time. An increase in anti-Muslim religious polarization meant that the fate of the essentiality plea differed depending on the religion of litigants. This judicial treatment of cases stands in stark contrast to the cases decided during the initial decades of the Constitution, when the government was avowedly secular
Front Matter
No full textFront Matter (Title Page, Publisher Information, Masthead, Table of Contents)
Special Challenges in the Execution of Arbitral Awards in India in Public- Private Partnerships: A Trade Perspective
No full textWith around 47 million pending cases at various stages of Indian judiciary and one of the lowest levels of judges per million of population in the world, India’s arbitration regime presents a ray of hope for millions of Indians who face the prospect of justice being denied to them due to inordinate delays caused by a clogged judicial pipeline. The enactment of the Arbitration and Conciliation Act, 1996 was presented as a viable alternative to resolving commercial disputes in a timely manner. This paper uses a case study to discuss how arbitration in India has not fulfilled the timeliness promise and, in turn, has detrimentally affected trade and investments, making the system an inefficient alternative to the contentious and long- drawn litigations.
The study of the DMRC dispute is distinguished because it involves a public- private partnership and is exceptional for two reasons. First, being the first public-private partnership project in metro rail infrastructure in the country, the extraordinary delay in the execution of the arbitral award alone highlights the need to create a level-playing field when the government is involved as a party. Second, the case showcases glaring loopholes in India’s existing arbitration regime which has allowed courts to unduly intrude and cause inordinate delays at every stage of the process, as a result of which, the amount of interest accumulated eventually outstripped the principal sum initially claimed by DMRC’s private partner in the project. For instance, it took ten months to constitute an arbitration panel, 68 hearings to pass an arbitral award which culminated in 4.5 years from the date of invocation of the arbitration clause by DMRC, several layers of appeal, most of which favored one party, and the execution of the award is still pending. The paper concludes by recommending plausible solutions to strengthen India’s arbitration laws, so that the DMRC fiasco does not get repeated in future at perilous costs borne by foreign and Indian private investors
Prohibiting More Subsidies: The Trilateral Statement vis- à-vis the SCM Agreement
No full textThis article critically examines the 2020 Joint Trilateral Statement by the US, EU, and Japan proposing additions to the list of prohibited subsidies under the WTO’s Agreement on Subsidies and Countervailing Measures (SCM Agreement). It argues that the proposal to include unlimited guarantees, subsidies to insolvent enterprises, subsidies in sectors with overcapacity, and certain debt forgiveness as prohibited subsidies is problematic for several reasons. First, there is a lack of economic rationale and evidence for blanket prohibition of these subsidies. Second, the language used in defining the proposed subsidies is vague and uncertain, leading to potential misinterpretation and implementation challenges. Third, the proposal potentially conflicts with the socio-economic needs of developing countries, particularly pursuant to the times of economic emergencies such as the COVID-19 pandemic. Fourth, there is a misalignment between the original basis for classifying prohibited subsidies in the SCM Agreement and the rationale for these new additions. The article analyses the existing SCM Agreement framework, explores the growing trend of regulating these subsidies in bilateral free trade agreements, and discusses the challenges in implementing such proposals, with a particular focus on countries like India. Through this comprehensive examination, the article concludes that the Trilateral Statement’s approach is fundamentally flawed and requires significant reconsideration to address these concerns and maintain a balanced global economic order
How to Build the Tower of Babel: The Kannada Language Comprehensive Development Act, 2022 and ‘Language Law’ in India
No full textThis paper serves as a critical analysis of the Kannada Language Comprehensive Development Act, 2022 and also as the identification of a novel field within constitutional law - ‘language law’. In so doing, a detailed overview of the history of the law and politics surrounding language in India has been provided. The Kannada Act has also been compared to other state-level language legislations - providing a detailed description of the state of play of language law in India. The paper concludes that although the Kannada Act may appear similar to other such legislations, it seeks to impose and not develop Kannada
Charting Extraterritoriality: Jurisdiction, Corporate Conduct, and Environmental Harm
No full textChimni’s TWAIL critique of the principle of jurisdiction, the subject of this symposium, implicates its development with the evolution of capitalism. Against this backdrop, this paper uniquely focuses on international criminal law and the selective application of principle of extraterritorial jurisdiction, particularly its exclusion of corporate entities from prosecution for large-scale violence. Through an analysis that engages with Chimni’s critique, the paper illustrates how these extraterritorial prosecutions align with the mainstream liberal theory of jurisdiction, while also exposing gaps in corporate accountability. Further, the paper contributes to ongoing legal reform debates by exploring the proposed international crime of ecocide, a novel legal response to environmental damage that not only challenges territorial jurisdiction but also directly implicates corporate activities. This dual focus on extraterritoriality and corporate accountability aims to provide a critical perspective on the future of international criminal law, advocating for the expansion of its scope beyond individual actors to address pressing global challenges