ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Madhava Menon and Legal Education

The most fitting tribute to N R Madhava Menon would be to pose critical questions on the status of legal education in India and to strive for its transformation along with the reform of the legal system as a whole.

Provincialisation of ‘Transformative’ Politics

The left and the Dalit political parties put limits on the transformative politics that draws its support and sustenance from the normative ideals available in Karl Marx and B R Ambedkar. Arguably, these limits spring from the conditions of provincialisation of transformative politics into instrumentalities that are internal to electoral democracy.

Brexit and the Continental Fears of Maritime Britain

The Brexit debate in England is intricately linked to the demand for the reassertion of its maritime identity and glory that many consider to have been eroded by the success of its underwater connectivity with France. The British society is badly divided on the Brexit issue. The only group gaining through this induced polarisation of British society is the right-wing populist one, which is using maritime geography to project itself as the ultimate change agent, the angel of history, and an epitome of British insularity.

Supreme Court on Rafale Papers and Electoral Bonds

The Supreme Court’s judgments in the Rafale Papers and the Electoral Bonds cases suggest that it is alive to the need for upholding transparency when it comes to the freedoms of the press and the funding of political parties. This is, however, not a consistent position and, in the Electoral Bonds case, the Supreme Court has hedged its bets to some extent. It remains to be seen, however, if the Court will extend this demand for transparency to its own functioning.

Bad Debt Resolution Hits Judicial Roadblock

With the Supreme Court having declared ultra vires the Reserve Bank of India circular directing banks to pursue bad debt resolution at any cost, the process of making banks alone pay for all-round errors has come to an end. The Court has required the government to specifically authorise each resolution exercise and not delegate blanket authority to theRBI. This would matter in cases such as in the power sector where a misplaced privatisation policy explains the non-performing assets, which the government would now have to take into account. The Court’s order also makes it difficult for theRBI to pretend that it had no role in the generation of theNPAs.

Judging the Survivor

Is a woman’s testimony about experiencing sexual violence treated credibly in a court of law? Do social, casteist, and patriarchal notions overshadow the appraisal of her version of events and the evidence?

Dealing with Pakistan Needs a Grand Strategy

For the past few decades, India has adopted a lopsided Pakistan policy with engagement as the only means to reorient Pakistan’s foreign policy. India must transition to a realpolitik approach backed by a range of power instruments, along with creatively leveraging the international environment. India should pursue cultural and commercial ties with liberal constituencies inside Pakistan, and remain open to dialogue with political forces that are reconsidering Pakistan’s role in the region.

Breaking up Tech Giants

The economic power wielded by tech giants has been aided and abetted by the lax enforcement of antitrust regulations by the United States. It has allowed them to create an almost impassable moat around their businesses, while being able to bully, browbeat, and buy out any competitors who look remotely threatening. Calls by politicians to break up these tech giants are more than timely and need to be taken seriously by regulators across the world.

Unsettling of the Dominant Refugee Discourse(s)

In the dominant refugee discourse(s) the citizen is the normal, the insider, the one who belongs, while the refugee is the abnormal, the deviant, the outsider, the one who does not belong. Thus, the latter is not only a threat to the very existence and legitimacy of the state, but also, for this reason, dispensable for it and can be dispensed off by it.

Taxation and the Rule of Law

As necessary as the power of taxation is to the functioning of a proper government, constitutionalism and the rule of law require that the government’s powers to levy and collect tax should be governed by the letter of the law. Judicial oversight is supposed to ensure that the government follows the mandate of the law in revenue collection. However, the Supreme Court’s record on this matter has been less than salutary, its problematic approach, perhaps, reflected best in Mafatlal Industries Ltd v Union of India .

Are We Heading towards a Synchronised Global Slowdown?

The global economy is heading towards a downturn. However, is the world prepared to deal with the consequences? Whether it is a slowdown or recession, it remains to be seen as to what the future would hold for the banking systems of Eurozone and China, and the global stocks in general.

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