Articles by Malavika Prasad
Aug 06, 2019
Article 370 and removal of Kashmir's special status: Devil lies in ways which Article 367(4) will now apply to Jammu and KashmirThe Union Government passed a Presidential Order under Article 370 (1) of the Indian Constitution, to supersede the 1954 Presidential Order, which, along with several other Presidential Orders, specifies which provisions of India's Constitution apply to Jammu and Kashmir. This Presidential Order is unique in that it lays out most of the details on the special status accorded to Jammu and Kashmir under the Indian Constitution.
Jan 10, 2019
Parliament passes 10% quota for general category poor: Govt bulldozing amendment in both Houses undermines ConstitutionThe last few sessions of Parliament witnessed many a Bill being bulldozed through both Houses, by resorting to dubious and unconstitutional means. Yet, even those Bills figured in the list of legislative business of Parliament with ample time given to MPs to prepare for the debate.
Oct 01, 2018
Aadhaar verdict: Dissenting judge Justice DY Chandrachud feels Money Bill tag may be misused to escape Rajya Sabha scrutinyThe government justified mandatory Aadhaar-based biometric authentication relying on Section 7, to claim that its main purpose was to prevent leaks in subsidy delivery.
Sep 29, 2018
Aadhaar verdict: SC's majority judgment lacks consistency in logic and reasoning, turns constitutional analysis on its headEven if one were ideologically neutral about the Aadhaar project, the approach taken by the majority judgment in the KS Puttaswamy versus Union of India case leaves much to be desired in terms of consistency of logic, judicial reasoning, and constitutional law
Jul 16, 2018
One Nation, One Poll proposal is completely blind to the forces that could impair federalismDuring election, voters either choose the individual whose capabilities they trust, thus risking an implicit vote for the candidate’s political party, or they choose the political party they wish to see in government, thus risking an implicit vote for an incompetent candidate. No system exists for voters to choose which candidate gets a party ticket from the political party they wish to see in government.
Jul 13, 2018
NITI Aayog's simultaneous elections proposal must be scrutinised closely; move could hurt country's federal structureNITI Aayog is yet to reckon with the question of whether simultaneous elections can damage India's federal structure or any other tenet of the Constitution.
Jul 05, 2018
SC verdict on Delhi govt vs Centre: Capital back with citizens, now cooperative federalism must prove itselfFollowing the Supreme Court verdict on the power tussle between the Delhi government and the Centre, If any minister, legislator or actor in the political process is uncertain how to exercise his powers, he must choose the course of action that furthers the democratic choice of the people of Delhi
Jun 26, 2018
Bar Council of India's press release decrying Justice J Chelameswar has no basis in truth, evidence or dataThe Bar Council of India (BCI) issued an apparently undated press release decrying Justice J Chelameswar's "controversial" statements to the media after his retirement, as being "against the dignity of the post he had held"
Apr 30, 2018
Turmoil in SC: CJI as master of roster must align with Constitution, avoid concentration of powerThe Chief Justice of India's power as 'master of roster' needs a re-look keeping in mind the perils of concentrating power in the hands of one individual.
Apr 07, 2018
Sumitra Mahajan should have taken no-confidence motion in Lok Sabha despite disruption; rules of procedure allow itLok Sabha Speaker Sumitra Mahajan's statement that she needs the House in order to take its leave, assumes that the Speaker has powers to decide the circumstances in which the motion of no-confidence is introduced