20 October 2023
The Basic Structure Doctrine, Article 370 and the Future of India’s Democracy
A constitution bench (five-judges) of the Supreme Court of India recently concluded the hearings related to the the abrogation of Article 370 of the Constitution and the bifurcation of the State of Jammu and Kashmir (J&K) into two Union Territories. How the Supreme Court finally decides this instant case will have far-reaching constitutional implications. In particular, the basic structure challenge pressed upon by the Petitioners, is likely to determine the future of India’s democratic federal architecture and the structural balance of power between the Union and states. Continue reading >>
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24 August 2023
On the State of Academia in India
The Economics Department at India’s Ashoka University received an unexpected visit from the Federal Intelligence Bureau. The reason for this visit was a paper titled ‘Democratic Backsliding in the World’s Largest Democracy’ by Sabyasachi Das, an economist. In his research, Das meticulously examined 11 contested seats during India’s 2019 general elections and uncovered imbalanced outcomes that favored the ruling party, BJP. Das noted that ‘the results point to strategic and targeted electoral discrimination against Muslims, in the form of deletion of names from voter lists and suppression of their votes during election, in part facilitated by weak monitoring by election observers.’ The subsequent visit by the Federal Intelligence Bureau is just one among several incidents that highlight the precarious state of academic freedom in India. Continue reading >>
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21 August 2023
Trivialising Privacy through Tribunals in India
On 11th August 2023, India’s Digital Personal Data Protection Act, 2023 (‘DPDP Act’) has received Presidential assent. The Act’s passing is critical in light of increasing concerns about data security and surveillance in India, including allegations that the government has illegally been using spyware against activists. Moreover, the government and its agencies are major data fiduciaries, having access to various identification and biometric data that have in the past been breached on a large scale. Given this, it is vital that the DPDP Act is able to function effectively and independently against the government in cases of non-compliance. However, a novel provision bestowing appellate jurisdiction on a Tribunal that lacks both the necessary expertise and independence is likely to hinder this goal. Continue reading >>
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24 May 2023
Marriage Equality at the Doors of the Indian Supreme Court
A five-judge bench of the Supreme Court of India recently heard over 20 petitions seeking marriage equality. The significance of a positive declaration cannot be overstated. It would make India only the second country in Asia to recognize LGBTQ+ marriages. As India becomes the world’s most populous country this year, a favorable decision would also mean that an estimated 17.7% of the world’s population would come under a marriage equality regime which is more than the cumulative population of the 34 countries that currently recognize such marriages (17% of the global population). Continue reading >>
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27 January 2023
The Indian Supreme Court Collegium Picking its Battle
In an unprecedented move, the collegium of the Supreme Court of India on the 17th and 18th of January, 2023, passed resolutions calling out the executive’s delay in the judicial appointments of five advocates by publicly countering the government’s objections against their appointment. In this piece, I discuss how the Supreme Court collegium has confronted the discriminatory treatment of persons who openly identify as a part of the LGBTQIA+ community in the process of judicial appointments by standing up to the executive’s bullying. The piece also looks into how the collegium has confronted the union government’s attempt to suppress dissent among advocates and why these resolutions are highly consequential. Continue reading >>17 December 2022
Constitutional Patriotism for the Marginalized
Constitutions depict social realities, tell stories, reflect on people and culture. They are the embodiment of a state reality, matured by a national history, admonishing and guiding politics and the broader public. The Indian Constitution tells a unique story: Of combined liberalism and pluralism, of a reality of marginalization in society and of constant search for identity. Recent developments in majority-Muslim Kashmir have made these narratives more visible than ever and point to a new lens of analysis. Continue reading >>
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17 December 2022
Kashmir in Turmoil
Kashmir is not only the object of disputes over territory between India and Pakistan as well as India and China. It also witnesses violent conflicts between the Indian security forces (which include the army and paramilitary forces) and an armed Kashmiri insurgency that seeks autonomy from the Indian nation-state. The latter conflict has escalated anew since 5 August 2019 when the BJP-led Indian government abrogated the special status that the Muslim-majority state Jammu and Kashmir (J&K) had previously enjoyed and significantly curtailed the civil liberties of people living in the region. This blog post contextualises the events of August 2019 and thereafter. At the same time, it provides an introduction and some background information to the posts assembled in this symposium titled Casting Light on Kashmir. Continue reading >>07 April 2022
The Development of Surveillance Technology in India
India has overhauled its surveillance architecture in a manner which calls into question the separation of powers and accountability mechanisms for the government. The Executive, through orders, has put into place invasive systems which do not have provisions for judicial review or oversight. This absence of oversight raises concerns about potential illegal mass surveillance, as well as the constitutionality of these systems itself. Continue reading >>
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03 February 2022
‘An assault on the constitution’
India's complex interlocking of securitization and freedom of expression poses a serious challenge to democratic ideals of free speech. Today, we witness increased targeting of journalists and activists across the country. In particular, conflict-ridden regions have presented a more serious situation where journalists face accusations of conspiring with the enemies of the state. The growing practice of muzzling the press and forums of public debate has created a culture of fear among the civil society, which directly affects the quality of democracy and free speech. Continue reading >>
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10 December 2021
Toward Restorative Constitutionalism?
How does one restore a democratic constitutional order that has been eroded through a process of “abusive” constitutional change? The same tools used to achieve abusive change can be used to reverse it. For example, just as formal constitutional amendment is one important way in which abusive constitutional projects are carried out, it is also an important pathway through which abusive change can be reversed. Continue reading >>
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