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Displaying 1 - 21 of 21
Miscellaneous

N-power in India. How safe are our plants?

Anirudh - July 8, 2011
In the aftermath of the nuclear leaks in Japan, there have been concerns regarding the safety of nuclear power plants around the world. There are some proposals to change the regulatory framework in India to ensure the safety of these plants. We examine some of the issues in the current structure. &...
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Parliament

NATGRID: Should Parliament have a role?

Anirudh - June 20, 2011
The Union government’s Cabinet Committee on Security recently gave clearance to the Home Ministry’s NATGRID project.  The project aims to allow investigation and law enforcement agencies to access real-time information from data stored with agencies such as the Income Tax Department...
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Legislation

The NAC Communal Violence Bill: Prevention of Communal and Targeted Violence

Anirudh - June 9, 2011
The National Advisory Committee has recently come out with a Communal Violence Bill.  The Bill is intended to prevent acts of violence, or incitement to violence directed at people by virtue of their membership to any “group”.  An existing Bill titled the “Communal Violen...
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Parliament

Does the judiciary “make laws”?

Anirudh - April 20, 2011
A recent case before the Supreme Court has once again highlighted the issue of judicial decisions potentially replacing/ amending legislation enacted by Parliament.  The case importantly pertains to the judiciary’s interpretation of existing law concerning itself.  The eventual outco...
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Legislation

Can compensation be paid for crimes against the state?

Anirudh - March 4, 2011
In a recent judgement (Judgement on Feb 23 - Baldev Singh and Ors. V. State of Punjab), the Supreme Court reduced the sentence of three persons convicted of rape from 10 years to 3 and a half years, and also asked the three convicts to pay a fine of Rs 50,000 each to the victim.   In reducing t...
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Parliament

How well does Parliament examine rules framed under various laws?

Anirudh - January 10, 2011
Recently the government released draft rules under the Right to Information Act for consultation before it finalised them.  This process of public consultation on draft rules is a welcome step which is not often followed. Many Acts passed by Parliament 'delegate' the power to make rules...
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Parliament

Can the Supreme Court ask the government to frame a law?

Anirudh - December 23, 2010
In a recent case, the Supreme Court directed the appropriate government to enact a law by June 2011.  The case, Gainda Ram & Ors. V. MCD and Ors.[1], concerned the legal framework for regulating hawking in Delhi.  The judgement lays out the background to this case by stating that the r...
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Parliament

Parliament's scrutiny over government finances

Anirudh - December 20, 2010
The recent 2G-controversy and the related debate over the role of the PAC as opposed to the JPC also raises a broader Issue regarding the general scrutiny of government finances by Parliament.  Oversight of the government’s finances involves the scrutiny of the government’s financia...
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Legislation

Will judges have to declare assets under the new Bill on judicial accountability?

Anirudh - December 17, 2010
The issue of judges declaring their assets assumes importance in light of recent allegations and inquiries into allegations of wrongdoing by judges (read our post on the report of the Committee set up to examine allegations of wrongdoing by Justice Soumitra Sen of the Calcutta High Court).  The...
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Legislation

Bill on accountability of Judges

Anirudh - December 15, 2010
The Judicial Standards and Accountability Bill, 2010 was introduced in the Lok Sabha on December 1, 2010. The Bill was introduced by the Shri M. Veerappa Moily, the Minister of Law and Justice. The Bill seeks to (a) lay down judicial standards, (b) provide for the accountability of judges, and (c) e...
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Legislation

Parliament’s Recommendations on the Nuclear Liability Bill – Why the “and”?

Anirudh - August 20, 2010
In law, the addition or deletion a single punctuation or a single word can have a major impact on the effect of that law.  One such example can be seen from the recommended changes in the Civil Liability for Nuclear Damage Bill, 2010 by Parliament’s Standing Committee. The Civil Liability...
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Parliament

The Prevention of Torture Bill, 2010

Anirudh - August 12, 2010
The Prevention of Torture Bill, 2010 was introduced in the Lok Sabha on April 26, 2010, and was passed by the Lok Sabha on May 6 (See Bill Summary here).  The Bill was not referred to a Standing Committee of Parliament.  The Bill has been introduced to allow India to ratify the United Nati...
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Parliament

Parliamentary oversight of intelligence agencies

Anirudh - July 8, 2010
"Parliamentary approval of the creation, mandate and powers of security agencies is a necessary but not sufficient condition for upholding the rule of law. A legal foundation increases the legitimacy both of the existence of these agencies and the (often exceptional) powers that they possess.&q...
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Legislation

Civil Nuclear Liability and International Principles

Anirudh - June 21, 2010
The Civil Damage for Nuclear Liability Bill, 2010 has been criticised on many grounds (Also click here), including (a) capping liability for the operator, (b) fixing a low cap on the amount of liability of the operator, and (c) making the operator solely liable.  We summarise the main principle...
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Legislation

Summary: Civil Liability for Nuclear damage Bill, 2010

Anirudh - May 25, 2010
The Civil Liability for Nuclear Damage Bill, 2010 was introduced in the Lok Sabha on may 7, 2010.  The following is PRS’s summary of the Bill (The Bill summary and the Bill along with related media articles can also be accessed on the PRS Website): The main features of the Bill ar...
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Legislation

Legislative debate: Influencing amendments to the Green Tribunal Bill, 2010

Anirudh - May 4, 2010
One of the main tasks of the Parliament is to frame laws through debate and discussion on the floor of the House.  However, there have been repeated instances where Bills introduced by the government have been passed without substantive discussion (For news reports, click here and&nbs...
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Legislation

Re-starting the Tamil Nadu Legislative Council

Anirudh - April 19, 2010
Anirudh and Chakshu Friday's issue of Indian Express carried an op-ed article by the Director of PRS on the issue of the re-establishment of the Legislative Council (upper house) in Tamil Nadu. The article (a) traces the history of the legislature in Tamil Nadu, (b) the efficacy of having upper...
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Parliament

Control over Budget: Effectiveness of Parliament

Anirudh - March 25, 2010
During the recess, the Departmentally Related Standing Committees of Parliament examine the Demand for Grants submitted by various Ministries.  The Demand for Grants are detailed explanations of that Ministry's annual budget which form part of the total budget of the government.  These...
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Legislation

Ratifying Reservation

Anirudh - March 10, 2010
There have been articles in the media on the future passage of the Women's Reservation Bill stating that the Bill will have to be ratified by state legislatures before it is signed into law by the President.  Our analysis indicates that ratification by state legislatures is not required.&nb...
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Parliament

Budgetary History: Evolution of legislative "power of the purse"

Anirudh - March 4, 2010
The presentation of the Annual Budget before the parliament is one of the mechanisms available to any legislature to scrutinise and authorise revenues and expenditures of the country.   In this post I quote and summarise from two sources (Rick Stapenhurst, "The legislature and th...
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Parliament

Defections in Parliament

Anirudh - February 8, 2010
In the late 1960s and 70s, defections (elected legislators changing parties after the election) in Parliament and State Legislatures became very frequent, so frequent in fact, that the epithet "Aaya Ram Gaya Ram" was coined to describe the same.  To curb this problem which created ins...
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