Lead Opinion

Transparency and Accountability

RTI Amendment Bill 2018: A flawed approach

The latest draft of the RTI Amendment Bill 2018 reflects a discriminatory approach towards a statutory body such as the Information Commission. There appears to be an uncanny intention on behalf of the Centre to acquire overarching powers to decide the salaries and tenures of the Information Commissioners. The proposed Bill has also been critiqued for being violative of various Constitutional provisions, especially that of Article 14.

August 1,2018

History and law

Ambedkar and the winding road of democracy

Ambedkar’s concerns were three-fold. How does representative democracy function (successfully) in a society that is fundamentally unequal? How can implementation and adherence by the Hindu majority be ensured? How does law function in a democracy where the lawmakers themselves are socially conditioned? As much as Ambedkar struggled with establishing a legal framework to protect marginalised groups, he left a lasting legacy in the form of an imagination for equality for the millions who followed his path and continue to negotiate within the system, against the system.

July 29,2018

Politics

Can Imran do a 1992 on Pakistan?

Leaders with far greater mandate than what Imran Khan Niazi, the head of Pakistan Tehreek-e-Insaaf, has achieved in the latest general elections have been hostage to the Pakistani Deep State insofar their India policy goes. However, if Imran the Prime Minister proves to be half as good as Imran the captain, Pakistan is in for some good times.

July 27,2018

Independence of judiciary

Don’t pick Justice Rajendra Menon as Chief Justice of Delhi High Court

Justice Rajendra Menon has been subject to incriminating comments from a Joint Inquiry Committee led by Justice Banumathi, as per he he has been found guilty of wrongfully and punitively transferring a former woman ADJ who had accused Justice S K Gangele of Madhya Pradesh of sexually harassing her. Does Delhi High Court deserve Justice Menon as the next Chief Justice in place of Justice Aniruddha Bose of Calcutta High Court, the Collegium’s initial, and unblemished, choice?

July 26,2018

Democracy and Rule of Law

Who’s afraid of the law?

Has our approach towards justice stopped taking any other factor into account except the need to immediately replicate the rallying cry of lynch mobs? Just like in the Nirbhaya incident, lynching too has emerged as another dark area representing the failure of governance that Justice Verma had alluded to. We cannot assume that making laws that strike fear will save us all from further collapse.

July 23,2018

Democracy and Rule of Law

Lynching, a crime against the Constitution

Given the widespread prevalence of lynching in the country now, it is time to introduce federal crimes, which affect the federation and are not to be described as affecting ‘law and order’ but as crimes that are ‘offences against the Constitution’ and hence for which the Union has to take responsibility. 

July 23,2018

Section 377

SC’s positive approach gives hope

The petitioners have heavily relied on the elaborate enunciation of privacy, autonomy, and dignity that protects the intimate relations of individuals in the privacy judgment delivered last year, along with the 2014 SC judgment in transgender rights.

Transparency and Accountability

The Age of Information Emergency

Punctuated by the State’s persistent demand for a transparent and obedient citizenry, is the spectre of the government trying every trick in the book to be less transparent and accountable to its people.

June 26,2018

The Kashmir Conversation

The Kashmir merry-go-round

While there are several elements in the Kashmir valley which say ‘talk to Pakistan’, no one has any concrete idea or roadmap as to which are the areas in which the talks can happen.

June 25,2018

The Kashmir Conversation

The question hidden in plain sight

It is an invitation to explore a roadmap—a journey towards legal processes and democratic mechanisms for truce, peace and transitional justice that will undoubtedly be complex, but one that could strive to be inclusive and under international law.

Women's rights

An excellent provocation

While we applaud the chess Grandmaster’s bold stand and courage, it should nudge us into critically evaluating the role of state and religion in our civil liberties and personal freedoms.

June 21,2018

Democracy and Rule of Law

Federalism in the dock

The court cannot be a mute spectator to the constant assault on the federal structure as well as the democratic functioning of the Delhi government, by the current BJP regime, whether in Delhi or in the other non-BJP ruled States.

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