09 May 2023

50 Years of Kesavananda Bharti

India is celebrating the 50th anniversary of the landmark Kesavananda Bharti decision this year, which concretized the ‘basic structure doctrine’. Created by the judiciary in response to an overzealous executive branch, it stipulates that the legislature cannot damage or destroy the basic features of the Constitution that are fundamental to its identity. This blogpost explains the circumstances of the doctrine's inception, its substance and controversies as well as its continued importance for Indian democracy. Continue reading >>
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04 April 2023

Rahul Gandhi’s Disqualification and the Future of Political Opposition in India

With the general elections scheduled for early next year and several crucial state elections lined up for later this year, the ruling party’s onslaught on their opposition continues in India. The Bharatiya Janata Party (“BJP”) government has left no channel of state power unused in its crusade against opposition parties. The disqualification of Rahul Gandhi – one of the most prominent leaders of the opposition from the India National Congress (“INC”) – is another episode of the degeneration of democracy in India. Continue reading >>
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20 June 2022

The Rule of Law in a Reign of Terror

India is witnessing a spate of housing demolition used as a tool to inflict extrajudicial punishment for dissent. Over the past few months, the bulldozer has emerged as a powerful metaphor for the brute force of the state and the endless machinations of Hindu supremacists to flatten any difference or diversity they encounter. Tempting as it is, to think of the recent demolitions as a shocking new development, in fact the bulldozer has always been a significant determinant of the contours of space in India. Continue reading >>
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