Introduction to the Roundtable Killing a Constitution with a Thousand Cuts: A Report from India

We are hosting an international blog symposium on India and Global Decline in Democracies as a part of our New Scholarship initiative. We will be discussing Professor Tarunabh Khaitan’s article “Killing a Constitution with a Thousand Cuts: Executive Aggrandizement and Party-State Fusion in India” which focuses on the decline of Indian democracy with international scholars to facilitate a discussion on comparative constitutional law. In this post, Professor Khaitan introduces his article.

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Right to Protest v. Right to Mobility: The Shaheen Bagh Case

This article presents an account of the recent Supreme Court judgment in Amit Sahni v. Commissioner of Police and Ors. which answers a disputed question of drawing the balance between the right to protest and the protection of people’s public rights. The judgment has come in response to the Shaheen Bagh protests, and it directly affects the essential relationship between democracy and the voices of dissent within. Thus, it is important to dwell on the events and responses of the Courts and the members of the concerned community that finally led to this judgment.

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