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Slipping into Judicial Barbarism?
No full textBook Review | Gautam Bhatia, Unsealed Covers: A Decade of the Constitution, the Courts and the State, HarperCollins Publisher India, 202
Achille Mbembe, Brutalism
No full textBook Review: Achille Mbembe, Brutalism (Duke University Press 2024
Models of Disability and Judicial Interpretation in India
No full textHow disability is modeled or understood is determinative in the evolution of both Disability Studies and Disability Politics. By focusing on India, this chapter demonstrates that transformation and metamorphosis in the lives of persons with disabilities is contingent and predicated on the adoption of models to evolve conceptions of disability and disability rights. Upon the ratification of the United Nations Convention on the Rights of Persons with Disabilities 2006 by India, a presumption arose that the Indian legal order embraced the social and Human rights models of disability and that disability was no longer to be viewed through the prism of the Medical Model. The judiciary is enjoined to be cognizant to and sensitive of these presumptions while interpreting the Constitution and other laws, just as the legislature and executive are mandated to reflect the same in the enactment and execution of laws. This chapter investigates how the judiciary has drawn upon the social and human rights models of disability in advancing the rights of persons with disabilities. The challenges faced by the judiciary in carrying out this role are also addressed. As Dhanda has argued, the approach of courts in India to disability rights cases continues to be dominated by a narrow focus on the facts of each particular case rather than an ambition for more systemic change (Dhanda, 2005). Nevertheless, there are some interesting and potentially important exceptions, which draw upon the social and human rights models of disability implicitly or explicitly
Evolving Principles of Dominant Positition and Predatory Pricing in the Telecommunicatior Sector: Revisiting Bharti Airtel Ltd v. Reliance Industries Ltd.
No full textCompetition Law Tackling Sustainability Goals: An Analysis of International Practices and Challenges Ahead
No full textCrisis as Opportunity: Exploring the Hindu Nationalist Politics of ‘Seva’ During the COVID-19 Pandemic in Kerala, South India
No full textThe chapter examines how Hindu nationalist social service organizations, specifically the Deseeya Seva Bharathi (DSB), reconfigured the religious conception of ‘seva’ to advance the project of constructing a Hindu social identity during the COVID-19 pandemic in the state of Kerala. The southern Indian state of Kerala has remained an exception in the story of the rise of the Hindu nationalist movement in contemporary India, which has repeatedly failed to make any considerable political inroads in the state. However, the disastrous economic consequences and livelihood challenges during the COVID-19 pandemic in the state, which was heavily dependent on foreign remittance and service industries, have opened up new spaces of engagement for Hindu nationalists. Drawing on the fieldwork conducted in central Kerala during the pandemic, this chapter will elaborate on how the DSB used the crisis moment of the pandemic to reach out to economically and socially disadvantaged communities using the language of ‘seva’ to build a Hindu social identity, imbued with the influence of majoritarian Hindu nationalist politics. The chapter argues that the DSB’s articulation of ‘seva’ as a distinct and superior form of social service that is ‘selfless’, ‘non-instrumental’ and ‘non-reciprocal’ is significant in understanding the growing appeal of Hindu nationalist social service in the contested political sphere of Kerala, which is marked by competing social provisions by the state as well as other secular and religious groups. The chapter notes that the reconfiguration of ‘seva’ as a continuous religious concept enables Hindu nationalists to attain greater acceptance and legitimacy than even the secular state welfare could achieve, while also concealing the inherent instrumental nature of its social service towards the construction of a Hindu social identity in the region
Let Process, Not Tech, Settle EVM Debate
No full textExcerpt:
Much has been made of EVMs showing high battery levels at the day\u27s end, particularly in booths favouring certain parties. The ECI\u27s explanation is straightforward – machines designed for 2,000 voters and four ballot units naturally show minimal drain when handling fewer voters with single units. More importantly, the battery level debate misses a crucial point: agents can verify machine authenticity through their signatures on numbered seals, making battery levels irrelevant to the question of tampering
From Idea to Act: The Indian Legislative Process
No full textBeyond the formal steps prescribed by the Constitution and Parliamentary manuals, little is known about the law-making process in India. Without a baseline consensus on what legislating in India involves, future analyses and proposed reforms of Indian legislative processes may be rendered speculative. Opaqueness surrounding the legislative process also hinders the ability of citizens to meaningfully influence the laws that govern them. This article aims to provide an account of how legislation is conceived, drafted, and enacted in India using the case studies of the Clinical Establishments Act, 2010 and the Kerala Clinical Establishments Act, 2018. Beginning with these two laws, this article extrapolates outwards to provide a broad schematic of how legislation goes from idea to enactment. This article takes a holistic view the legislative process, analysing the stages of policy prioritisation, legislative drafting, and house proceedings. It uncovers the often overlooked role played by civil servants in coordinating legislative activities, discusses how the drafting process crystalises negotiating positions, and highlights the significant time constraints Indian legislators operate under. While much remains unanswered, this article is a first step towards providing a holistic account of how law is made in India. It is hoped that future accounts and analyses build on its foundation to further explore legislative processes in the world’s largest democracy
Front Matter
No full textFront Matter (Title Page, Publisher Information, Masthead, Table of Contents)