Journal Articles Archives - Vidhi Centre for Legal Policy

Social Welfare Laws and Federalism

Rights-based welfare legislation, even if passed by the union government, needs implementation at the state level

Fostering an Independent Bar

The bar being the source of appointments to judges at the high court and who then go on to become Supreme Court judges, concerns have recently emerged on its independence as well.

The Predicament of the Collegium

The complete composition of the collegium continues to run into rough weather

Demonetisation Judgement

Too little too late

A Defective Data Protection Board

Economic & Political Weekly

Judiciary and Its Collegium System

We need a more transparently and effi ciently appointed, diverse set of judges.

Charity, Not Parity

Upholding the EWS reservations exposes the Supreme Court’s limited understanding of social justice and equality.

Fresh Challenges to the 50% Limit on Vertical Reservations

The judicially imposed ceiling has been questioned recently in two ways

Inheritance Rights of Transgender Persons in India

Indian Law Review

The Glass Ceiling in the High Courts

Research shows judges appointed from the subordinate courts were appointed later, had shorter terms and therefore unlikely to become chief justices

Mandatory Reporting under POCSO

Journal Article in Economic & Political Weekly

Consumer Disputes in the Financial Sector – Grievance Redress by Courts

Indian Law Review

Environmental Rule of Law in India: A Transformative Principle or Old Wine in a New Bottle

A Setback for Data Privacy Rights

The pullback of the Personal Data Protection Bill, 2019 has nullified the multi-year efforts put in by various stakeholders that have gone into shaping the bill.

Lawless Laws and the Supreme Court

The Supreme Court’s blessing for the PMLA shows its contempt for human rights and the Constitution.

Of Judicial Courage in Testing Times

Journal Article in Economic & Political Weekly

The Law of Desire: Rulings on Sex and Sexuality in India

A book review in Intersections: Gender and Sexuality in Asia and the Pacific

The Error of ‘Judgement’

The disillusionment with the true nature of the Indian judiciary is appalling

A Fatal Blow to the Goods and Services Tax

The conundrum of ‘claims’ in the corporate insolvency resolution process

Sedition and the Misuse of Laws

A Sustainable Case for Oil Palm Cultivation in India

Backward Class Reservation in Local Bodies

Appointing High Court Judges – II

Appointing High Court Judges – I

Denying Choice, Defying Precedent

The Surrogacy (Regulation) Bill, 2019

Children First: Journal on Children’s Lives

Chapter on 'Digital Education Governance in light of the pandemic | Insights from Policy'

China’s New Rules for Algorithms

Lessons for India

Demography, Democracy and Population Policies

Uttar Pradesh’s proposed bill to enforce a “two-child norm” tries to link state government jobs, local government positions and welfare to the two-child norm through a series of incentives and disincentives. With the communally tinged rhetoric around this bill gaining currency, it is necessary to revisit the Supreme Court’s controversial judgment in Javed v State of Haryana (2003) where such problematic provisions relating to panchayat elections were upheld.

On the Maratha Reservations Judgment: Part II

Apart from holding the Maratha reservations unconstitutional, the Supreme Court also interpreted the 102nd amendment to take away the power of state governments to designate communities as “socially and educationally backward classes”

Facing Up To the Risks of Automated Facial-Recognition Technologies in Indian Law Enforcement

Book Review: ‘The Truth Machines: Policing, Violence and Scientific Interrogations in India’

The book is authored by Jinee Lokaneeta

Safeguarding Wildlife Beyond Protected Areas in India

A Review of Laws, Policies and Other Conservation Tools

On Maratha Reservations Judgment Part-1

Debating Supreme Court Reform

The Future of Democracy in the Shadow of Big and Emerging-Tech

Pendency During the Pandemic

Mandatory Mediation in India – Resolving to Resolve

Centring Women’s Experience

The recent court verdict is a legal recognition of “gendered power imbalance”

Cow Slaughter Laws as State-Sanctioned Violence

The Karnataka Prevention of Slaughter and Preservation of Cattle Bill, 2020 is the most recent attempt of the Bharatiya Janata Party in the state to make for harsh cow slaughter laws

Alternative Credit Scoring – A Double Edged Sword

Leveraging alternative data for credit scoring - understanding opportunities and risks

Appointment of Judges to the Higher Judiciary During the Pandemic—II

This is the second part of a two-part series that examines how the pandemic has affected the process for appointment of judges to the higher judiciary.

Appointment of Judges to the Higher Judiciary during the Pandemic – I

How the Supreme Court collegium has functioned during the pandemic.

Clarifying the Rights of Daughters as Coparceners

Alok Prasanna writes on the SC's judgement in Vineeta Sharma which has clarified and restored the scope of Hindu Succession (Amendment) Act, 2005

Indian Federalism Perspectives

Kevin James analyses the actions taken by various authorities in response to COVID-19 over the last several months, and argues that the potential of India's multi-level polity remains under-utilised.

“More Executive-Minded Than the Executive”: The Supreme Court’s Role in the Implementation of the NRC

Alok Prasanna argues that the Supreme Court's over seeing of the NRC process in Assam reflects poorly on the institution and its ability to act fairly and protect rights.

The Weight of Secrets: Assessing the Regulatory Burden for Informational Privacy in India

On regulatory design aspects for India's proposed Data Protection Authority

Domicile Reservations in National Law Universities

On the constitutionality of domicile reservations—why any argument proceeding from the constitutional right to equality is unlikely to succeed in the courts