ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Articles by Alok Prasanna KumarSubscribe to Alok Prasanna Kumar

Social Welfare Laws and Federalism

Rights-based welfare legislation, even if passed by the union government, needs implementation at the state level. State governments are not passive implementation agencies and have sometimes stymied the effective implementation of such laws. Three recent examples show the need to better imagine social welfare laws within the context of a federal framework to ensure effective implementation.

Fostering an Independent Bar

Even as debates rage over the threats to the independence of the judiciary, it is necessary to focus on the other institution keeping the judicial system going—the bar—specifically that part of the legal profession which largely practises in the courts. The bar being the source of appointments to judges at the high court and who then go on to become Supreme Court judges, concerns have recently emerged on its independence as well.

Municipal Elections and the Constitution

Some of India’s largest cities with a population of a little more or less than one crore, have gone without a municipal government for several years. This is another key failing of the 74th amendment to the Constitution—the lack of provisions ensuring that urban governance can be carried out without state government interference. This article uses the example of the Bruhat Bengaluru Mahanagara Palike to highlight some of the problems with the constitutional provisions relating to urban local bodies and the inconsistent intervention by the courts.

Demonetisation Judgment

The Supreme Court’s judgment, upholding the constitutional validity of the demonetisation of `500 and `1,000 notes, is legally right but comes too late to be of any appreciable legal interest. It highlights the phenomenon of the Court determining the outcome of a case without actually deciding the case, and raises worrying questions about the abdication of responsibility by the Court.

A Defective Data Protection Board

The Digital Personal Data Protection Bill, 2022 is notably silent on a key agency that it proposed to set up to enforce the law—the Data Protection Board. This silence has implications for the constitutional validity of the provisions in question, especially since the bill excludes the jurisdiction of civil courts and makes the board the sole mechanism for the enforcement of rights and liabilities under the bill.

Fresh Challenges to the 50% Limit on Vertical Reservations

The judicially imposed ceiling of 50% on vertical reservations in India has been questioned recently in two ways—the Supreme Court’s upholding of the 103rd Amendment Act, which allowed economically weaker section reservations beyond 50%, and the state legislations in Jharkhand and Karnataka, whic

The Glass Ceiling in the High Courts

While the Constitution makes no distinction between judges appointed from the Bar or from the subordinate judiciary, the data shows that there is an implicit difference that results in fewer members from the subordinate judiciary serving in the high courts for shorter periods of time, and less likely to be the chief justices.

Mandatory Reporting under POCSO

The obligation on every person to report any knowledge they have of an offence thought to have been committed in violation of the Prevention of Child Sexual Offences Act raises serious questions related to medical ethics and the privacy of the victim. The implementation of the POCSO in recent times has thrown up the problems the provision has caused, requiring serious reassessment.

A Setback for Data Privacy Rights

The pullback of the Personal Data Protection Bill, 2019 has nullified the multi-year efforts put in by various stakeholders that have gone into shaping the bill. The promise of a “comprehensive legal framework” to protect the citizens’ data is a hollow one, coming with no clear deadlines or underlying principles.

Lawless Laws and the Supreme Court

The Supreme Court’s blessing for the PMLA shows its contempt for human rights and the Constitution.

Of Judicial Courage in Testing Times

With respect to the independence of the judiciary, there is a tendency to conflate the independence of the institution with that of the individual in the institution. An independent judiciary requires not only systems and norms designed to prevent interference but also individuals prepared to uphold such independence at great cost. One such individual was Justice Syed Mahmood who served in the Allahabad High Court during British Rule.

Pages

Back to Top