India is a union of 28 states and 7 Union Territories. Several of its states and sub-state national communities have since the time of independence complained of inadequate representation in the Union, violating their right to self-rule. There exists persistent resentment against the present...

This essay is on the Indian constitution and extends and responds to the work of Singh (2006) in the analysis of economic rights. The veto player framework is used to analyze the development of economic rights which was diminished and civil rights (through Public Interest Litigation) which was...

The Indian judiciary is insulated from vibrant checks and balances. Its “democratic” insulation arises from its use of contempt law to restrict criticism, its permissive view of libelous speech directed against “other” public officials, and, controversially, the use of English as the...

The State APMC Act divides the entire State into various notified areas and delegates the responsibility for regulating agricultural markets in respective areas to specific APMCs. Essentially, the Act treats agricultural marketing to be a localized subject confined to a specific notified area...

Article 301 of the Constitution of India provides that "... trade, commerce and intercourse throughout the territory of India shall be free". The Supreme Court of India has consistently held that the freedom is impaired only if the legislation directly and immediately restricts the interstate...

“Bandh” is a Hindi word which means “closed.” In India it has become a norm for political parties and organizations to call for 'Bandh's (shutdown) when they want to be heard. Political parties consider that it is their fundamental right to call public shutdown to exploit a political or...

This paper examines the role of courts in promoting fulfillment of the right to education in developing countries, focusing on India and Indonesia?two countries that have experienced increased education rights litigation in recent years. It argues that this litigation has been part of broader...

Traditionally, constitutional economics prefers a constitutional constraint legitimized by rule of law over economic constraint when public policy decisions are made. However, pragmatic politics considers both these types of restraints as too feeble in the electoral games. Very often, ideologies...

This paper seeks to analyze the basis of Retrospective legislation in India focusing specifically on the area of Tax law and seeks to unearth the rich case law on the subject and the sort of constitutional checks placed upon it. The paper will first introduce the concept of retrospective tax and...

In 2015, while examining a legislative framework for insolvency and bankruptcy in the country, United Nations Commission on International Trade Law (UNITRAL) legislative guideline on Bankruptcy and Insolvency was a significant benchmark in making the principles of the new insolvency law in...