Nick has extensively studied and researched various aspects of legal profession and judicial administration in India. After graduating from Yale Law School in 2006, he spent seven years in South Asia, clerking for Chief Justice Sabharwal of the Indian Supreme Court, and working at Human Rights Law Network (HRLN) in New Delhi on rights litigation involving water and health. He has also taught law at National Law School-Bangalore, Lahore University Management Sciences, and Jindal Global Law School.
Sir, I fail to understand why the dictum of the Speaker or the Chairman is given so much importance when there is already a statutory provision (Section 2) that clearly does not recognize the 10% rule. Also, no one can undermine the importance of a healthy and effective opposition in a parliamentary democracy like ours. This point was discussed by the Constituent Assembly as well. Some of the relevant excerpts from the CAD can be read here. http://www.desikanoon.co.in/2014/05/constituent-assembly-debates-on.html
Can it not be argued that the definition of "recognised party" in s. 2(b)(ii) of the Leaders and Chief Whips… Act, 1998 is to be restricted only to that Act? Further, the recognition mentioned in s. 2 of the Salaries and Allowances of LOP… Act, 1977 is the recognition of a person as a leader (of the party in opposition to the Government having the greatest numerical strength), not the recognition of such a party per se.
The first part of this analysis delved into the Supreme Court’s judgment in Ashok Kumar Sharma & Ors v. Union of India, where it misread the International Rule of Law (IRoL) by focusing on...
Blurb: A petition was filed in the Supreme Court, seeking the suspension of military exports from India to Israel in light of the unfolding armed conflict in the Occupied Palestinian Territory. The...
Blurb: In his recent rejoinder, Dalmia clarifies the “expressed an opinion” standard to better define when recusal may be appropriate. He addresses the four rebuttals that the author raised and...
Blurb: In his recent rejoinder, Dalmia clarifies the “expressed an opinion” standard to better define when recusal may be appropriate. He addresses the four rebuttals that the author...
A fortnightly feature inspired by I-CONnect’s weekly “What’s New in Public Law” feature that addresses the lacuna of a one-stop-shop public law newsletter in the Indian legal...
A mass movement led by students has ushered in a new dawn in Bangladesh. What began as a claim for reform of the quota system transformed into a national movement to oust Bangladesh’s long-standing...
Very well argued.
Sir,
I fail to understand why the dictum of the Speaker or the Chairman is given so much importance when there is already a statutory provision (Section 2) that clearly does not recognize the 10% rule.
Also, no one can undermine the importance of a healthy and effective opposition in a parliamentary democracy like ours.
This point was discussed by the Constituent Assembly as well.
Some of the relevant excerpts from the CAD can be read here. http://www.desikanoon.co.in/2014/05/constituent-assembly-debates-on.html
Very well researched and well written.
This was well written, gave some perspective
Can it not be argued that the definition of "recognised party" in s. 2(b)(ii) of the Leaders and Chief Whips… Act, 1998 is to be restricted only to that Act? Further, the recognition mentioned in s. 2 of the Salaries and Allowances of LOP… Act, 1977 is the recognition of a person as a leader (of the party in opposition to the Government having the greatest numerical strength), not the recognition of such a party per se.