Jayana Bedi & Prashant Narang, in Assessing State School Education Laws on Administrative Safeguards, analyse seventy state education laws and sixty-one subordinate legislations governing kindergarten to 12th grade education across sixteen states of India. The authors use four fundamental parameters: (i) procedural safeguards; (ii) legislative guidance on discretion granted to the executive; (iii) proportionality; and (iv) checks on rule-making power to assess these laws. The
In Evaluating India’s New Anti-Conversion Laws, Manish discusses the constitutionality of legislations enacted to prohibit forcible religious conversions in India in light of the newly developed privacy jurisprudence. The author discusses anti-conversion enactments pre-2000 and critiques the Supreme Court’s judgment in Stainislaus, which upheld the validity of the anti-conversion legislation in question for its poorly-reasoned application of the public order exception to rest
Aishwarya Singh & Meenakshi Ramkumar, in The Road Not Taken: India’s Failure to Entrench Opposition Rights, discuss the importance of the opposition in parliamentary democracies by referring to Waldron’s conception of the opposition’s dual function—to extract accountability from government and to be prepared as “government-in-waiting”. Highlighting the potential abuse of power by political majorities and the silencing of the opposition, the authors argue that the dismal state
Anmol Jain, in Political Process Failure in the Indian Parliament: Studying Abuse of Power by the Chair and How it can be Addressed, analyses the inherent flaws in the constitutional design of the chair of the two houses of the Parliament. The author highlights instances of abuse of power by the Chairperson and display of partisan bias in certain cases, including wrongful certification bills as a money bill to evade the requirement of the majority in the Rajya Sabha (as in th
In the article Analysing the Invisible: The Constituent Assembly and Independent India’s Tryst with the Representation of Marginalized Muslims, Mustafa Rajkotwala & Tejas B. Naik discuss the plight and neglection of lower caste Muslims in India, tracing the same back to the Constituent Assembly’s failure to acknowledge the existence of caste hierarchies within Muslims. In an effort to address the resultant socio-economic marginalisation of Pasmanda Muslims, the authors draw u
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