May 2021 — Constitutional Renaissance

May 27, 2021May 27, 2021

Explained: What is the Ordinance making power of the President?

Apart from other executive powers, the Governors and the President have legislative powers with which they can meet certain emergencies. These are laid down separately in two articles of the Constitution that give the President (Article 123) and the Governors (Article 213) the power to promulgate Ordinances when the legislature is not in session. Generally speaking, the power at both levels is the same: Governors and the President, facing the need for ‘immediate action’, may promulgate Ordinances having the force of legislative Acts, but central or state executive must lay Ordinances before the legislature when it reassembles. Unless approved by both houses, the Ordinance expires six weeks after reassembly. The technique of issuing an ordinance has been devised to enable the executive to meet a sudden situation arising in the country when the Parliament is not in session, and which cannot be dealt with under the ordinary law. (Ambedkar, VIII CAD, page 213) The executive does not need to expound the reasons for promulgating an ordinance and a declaration to that effect in the preamble of the ordinance is sufficient. The executive of England or the USA enjoys no such power.

May 20, 2021May 20, 2021

The Constitutionality of CAA: A different perspective through the lens of Article 355

A protestor during CAA protests in Delhi.

Thus far on this blog, the challenge to the Citizenship (Amendment) Act (hereinafter referred to as ‘CAA’) based on violation of the evolving idea of equality, principles of reasonable classification, the basic structure of the Constitution (secularism) et al. have been discussed. Nevertheless, in this post, I would like to discuss the challenge to CAA based on Article 355 of the Indian Constitution.

May 17, 2021July 23, 2021

Freedom for our Farmers: Farmers Laws- A Step in the Right Direction

Everywhere in the world, citizens aspire freedom to live, move, come-together and to trade. The great revolutionary document called the Constitution of India is built on the promise of freedom to Indian citizens. Unfortunately, the State, since 1950s, has used coercive measures to curtail freedom. In 2020, the Central government has enacted two new Laws and one Amendment Act for our farmers. The nation has witnessed (and is still witnessing) widespread protests by the farmers across borders of the National Capital Territory and elsewhere. The protestors have called these laws as ‘black laws’ and they demanding the Indian State to take back these laws. In this blogpost, I will not be discussing the protestors’ rights or the process through which these contentious laws were passed. Rather, I will be discussing the context of these new laws- through the lens of Constitution of India and Freedom which our farmers have aspired for since the beginning.

May 12, 2021May 12, 2021

Right to Education and COVID-19: Digital Inequality in India

Free Education for all. It sounds utopian. Isn’t it? During the COVID-19 pandemic, education comes with several expenses like a smartphone, stable internet connection, internet data-packs, tax on mental health among other things. The government provides every child (of six years of age to fourteen years of age) free and compulsory education (Article 21A of the Constitution of India). Nevertheless, what about these expenses and the access to education during the times of pandemic where states have announced ‘lockdowns’ to curb the spreading of COVID-19?

May 8, 2021May 25, 2021

Resolving Oxygen Issues for the Citizens with Fair Price Shops

Constitutional Renaissance — Citizens outside Mayapuri Oxygen Plant in Delhi

As of today, on 8^th May 2021, many big cities in India are facing acute shortage of oxygen, despite the warning of contempt action from the Hon’ble Supreme Court of India. In Delhi, the National Capital, the citizens are being compelled to stand in long queues for eight hours to get their oxygen cylinders refilled. Some of them are successful, while others are unfortunate as they are not able to get their cylinders refilled on time. The healthcare system has collapsed. The centre claims that there is enough oxygen for every state, but still it is not being delivered to the breathless citizens. What is happening? We all know about the oxygen issues. But in this post, I would like to offer a solution for this oxygen shortage problem.