The Narendra Modi Government has promulgated eight ordinances since coming to power last May. Readers may be aware of Shubhankar Dam’s excellent recent book, Presidential Legislation in India: The Law and Practice of Ordinances (Cambridge University Press, 2014). In this interview, Dam answers questions on the recent controversy, by speaking at length on the validity of justifications offered for the promulgation of ordinances. In an accompanying article, I give the necessary factual details of the controversy, which is still unraveling. A report today speculates about dissensions within the Cabinet on the need for these ordinances. In a sense, Dam is correct in suggesting that the blame for the ‘inevitability of ordinance raj’ must lie with India’s first Prime Minister, Jawaharlal Nehru. How else can one explain the resort to ordinance by the Rajasthan Government, which does not face the problem of lack of majority in the Upper House, like the Modi Government at the Centre?
Summary: In this piece, we continue the discussion on Prof. Nivedita Menon’s latest book, Secularism as Misdirection: Critical Thought from the Global South. The summary of the book by Prof...
Blurb: The Bharatiya Nyaya Sanhita’s Section 104 revives the constitutional infirmities of the repealed Section 303 IPC, despite its ostensible reformist intent. By maintaining mandatory sentencing...
Blurb: This blog discusses the inadequacy of the current refugee law framework in addressing the pressing issue of climate refugees. It subsequently discusses the imminent need to develop regional...
Blurb: This blog discusses the inadequacy of the current refugee law framework in addressing the pressing issue of climate refugees. It subsequently discusses the imminent need to develop regional...
Blurb: The Essential Religious Practices (ERP) Test is scheduled to be reviewed by the Supreme Court of India. This piece highlights the inadequacies of the ERP Doctrine, and argues for a change...
Blurb: The article advocates extending euthanasia to non-terminally ill patients, emphasizing autonomy and dignity under Article 21. Critiquing current laws, it highlights ethical dilemmas and...