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

ConstitutionSubscribe to Constitution

Democracy by Courtesy?

The constitutional provisions for fundamental rights and basic freedom that can be exercised within the democratic sphere, by logic, rule out political practice that is based on a moral element such as courtesy.

Does the Court Tame the Government?

The Court needs to devise more effective ways to make the government accountable to citizen’s rights.

 

Shudra Identity and Struggle

The Shudras: Vision for a New Path edited by Kancha Ilaiah Shepherd and Karthik Raja Karuppusamy, New Delhi: Vintage (Penguin Random House), 2021; pp 272, 699.

The New Judicial Amendment to SC/ST (Prevention of Atrocities) Act

The Supreme Court in March 2020 passed a judgment that diluted the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The judgment was passed under the pretext of protecting innocent persons from being booked under false cases, thereby preventing the misuse of the law.

The Many Uses of Constitutions

The Gun, the Ship, and the Pen: Warfare, Constitutions and the Making of the Modern World by Linda Colley, London: Profile Books, 2021, pp 502, 2,280 (hardcover).

 

Reservations, Efficiency, and the Making of Indian Constitution

The notion that reservation is contrary to efficiency and merit has been invoked consistently. Even the Supreme Court of India seems to have agreed withthis proposition in  some judgments, as it held that Article 16(4), which provides for reservation in services, would be limited by Article 335, which mentions the term “efficiency of administration” in the Constitution. This paper explores the Constituent Assembly Debates to show that the Constitution framers did not subject reservations to the test of efficiency or merit. In addition, “efficiency of administration” mentioned under Article 335 cannot be treated as an exclusionary construct, as it was done in pre-independence era.

 

Safeguarding Fundamental Rights

In recent times, the right to speech, expression and the right to protest have been constantly undermined. An attack on these rights runs contrary to the spirit of civilised democracy. We need to exercise these rights within the Constitution’s conditions and the government is duty-bound to provide these conditions.

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