Oath Taking Ceremony: A Mockery of the Constitution

By Rabia Mohamed Ismail Abdul Rahim, NUALS Kochi.

On the 18th day of May, 2018, B. S. Yeddyurappa was sworn in as the Chief Minister of Karnataka. What happened after is no secret. Having sworn in, Yeddyurappa was the Chief Minister on the day of the floor test. He was also the Chief Minister when he walked out while the National Anthem was being played.

Yes, undoubtedly, the provisions of the Prevention of Insults to National Honour Act, 1971 will apply to this situation. But I would like to analyse this situation in light of a different fact. (more…)

Should there be minimum educational qualifications for contesting elections in India?

By Akash Agarwal, Amity Law School, Noida.

In a recent case, the Hon’ble Supreme Court of India stayed the New Haryana Panchayat Law i.e. Haryana Panchayati Raj (Amendment) Act, 2015, which prescribed the minimum educational and other qualifications for the candidates contesting  local body elections in Haryana which were scheduled to be held  on 4th October, 2015. The passing of the Act made a large hue and cry in the state, which ultimately led the people to knock the doors of the Apex Court, by filing a petition. (more…)

Progression at the Cost of Alienation?

By Gautam Adusumalli, Shaheed Bhagat Singh College, Delhi University.

On the 7th of September, the Haryana State Assembly passed the Haryana Panchayati Raj (Amendment) Bill, 2015. By virtue of this, Haryana became only the second state in the country, after Rajasthan, to fix educational and certain other qualifications as eligibility criteria for the candidates to contest elections to Panchayati Raj institutions (PRIs). (more…)

Transparency in political party funding: The Debate

By Nayanika Tiwari, NMIMS School of Law.

Should the details of party funding be made public?

Political funding, especially corporate donations, is one of the primary causes of cronyism and corruption in the country and requires urgent reform. In light of this, there has been increasing focus on principles of transparency and accountability in corporate funding. With the Central Board of Direct Taxes (CBDT) approving the setting up of an “Electoral Trust” and the new Companies Act, 2013 raising corporate donation limits to 7.5 percent of average net profits, the issue of corporate donations gains even greater relevance. The pernicious nexus between politicians and business houses, more than evident in these times, necessitates a thorough review of this dimension of funding India’s democracy. (more…)