articles by Malavika Prasad

India

Constitution of India is only as good as those executing it; Executive clings to letter more than spirit of document

To name two instances, the Indian Constitution has been weaponized since the 1950s against Kashmiris, as AG Noorani shows us over several volumes, and against Dalits

India

Article 370 and removal of Kashmir's special status: Devil lies in ways which Article 367(4) will now apply to Jammu and Kashmir

The 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.

India

Parliament passes 10% quota for general category poor: Govt bulldozing amendment in both Houses undermines Constitution

The 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.

India

Aadhaar verdict: Dissenting judge Justice DY Chandrachud feels Money Bill tag may be misused to escape Rajya Sabha scrutiny

The government justified mandatory Aadhaar-based biometric authentication relying on Section 7, to claim that its main purpose was to prevent leaks in subsidy delivery.

India

Aadhaar verdict: SC's majority judgment lacks consistency in logic and reasoning, turns constitutional analysis on its head

Even 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

India

One Nation, One Poll proposal is completely blind to the forces that could impair federalism

During 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.

India

NITI Aayog's simultaneous elections proposal must be scrutinised closely; move could hurt country's federal structure

NITI 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.

India

SC verdict on Delhi govt vs Centre: Capital back with citizens, now cooperative federalism must prove itself

Following 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

India

Bar Council of India's press release decrying Justice J Chelameswar has no basis in truth, evidence or data

The 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"

India

Turmoil in SC: CJI as master of roster must align with Constitution, avoid concentration of power

The 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.

India

Sumitra Mahajan should have taken no-confidence motion in Lok Sabha despite disruption; rules of procedure allow it

Lok 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

India

Will Indian democracy wither? Parliament witnessing supremacy of Executive in democratic Constitution's clothing

One might ask why the lack of Committees is "murdering Parliament", especially when these laws were duly passed by Parliament. After all, basic lessons in Civics classes taught us that we are a democracy because we elect representatives to Parliament who pass laws

India

Lok Sabha clearing Finance Bill without debate an abdication of democratic responsibility by BJP, Opposition

Crucial Lok Sabha business like the Finance Bill, that ought to take at least a few days of considered debate, was done and dusted in just about 46 minutes.