-The Telegraph It is the time for West Bengal to create landmarks. First, the denial of a rape; second, the arrest of an academic for circulating a cartoon; third, a public circus with the winners of the Indian Premier League; fourth, the mimicry of the prime minister on television; fifth, the announcement of sop after sop even though the state is bankrupt; sixth, the announcement in the hills of being “rough...
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India’s benign constitutional revolution-Shivprasad Swaminathan
-The Hindu How ‘We the People’ came to be the source of authority of the Constitution This is the story of how and why the framers of the Constitution of India deliberately designed a procedural error in the adoption of the new Constitution with a view to severing the seamless transition of legal authority from the British Crown-in-Parliament to the new Republic of India. The deliberate procedural error consisted in a deviation...
More »Legitimate aim, unconstitutional means -Anup Surendranath
-The Hindu The 117th Constitution Amendment Bill has failed to define low representation of SCs/STs which is necessary to make reservation in promotions possible There is certainly a strong argument to be made in favour of reservation for the Scheduled Castes and the Scheduled Tribes in promotions but the 117th Constitution Amendment Bill that was passed in the Rajya Sabha is a poor attempt at achieving that goal. Article 16(4A) of the Constitution...
More »State, private property and the Supreme Court -Namita Wahi
-Frontline Reinstatement of the fundamental right to property in the Constitution will on its own do little to protect the interests of poor peasants and traditional communities. The Indian Constitution adopted in 1950 guaranteed a set of fundamental rights that cannot be abridged by Central or State laws. One of these fundamental rights was the right to property enshrined in Articles 19(1)(f) and 31. Article 19(1)(f) guaranteed to all citizens the right...
More »Winning the case for promotion quotas -Anup Surendranath
-The Hindu More than a political consensus, it is hard data on the absence of marginalised sections from the higher bureaucracy that will give legitimacy to the measure The decision to amend the Constitution to ensure reservation in promotions for the Scheduled Castes and the Scheduled Tribes has been the subject of much scrutiny without paying sufficient critical attention to the discourse of the Supreme Court on the issue. While the Court...
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