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Articles 1 - 16 of 16
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Slipping Into Judicial Barbarism?, Pranav Verma
Slipping Into Judicial Barbarism?, Pranav Verma
Articles
Book Review | Gautam Bhatia, Unsealed Covers: A Decade of the Constitution, the Courts and the State, HarperCollins Publisher India, 2023
Sovereignty Before Law, Salmoli Choudhuri, Moiz Tundawala
Sovereignty Before Law, Salmoli Choudhuri, Moiz Tundawala
Articles
Book review: Violent Fraternity: Indian Political Thought in the Global Age, by Shruti Kapila, Princeton, Princeton University Press, 2021, 328 pp., $37.00/£30.00, ISBN 9780691195223
A Case For Humanistic Theory, Salmoli Choudhuri, Moiz Tundawala
A Case For Humanistic Theory, Salmoli Choudhuri, Moiz Tundawala
Articles
This article responds to a debate in Economic & Political Weekly on the state of theory in Indian academia. While earlier interventions focused on the “who” and “how” questions related to the subject and work of theory, a more fundamental question is addressed here: Why theory at all? In our age of permanent crises, the necessity to make a case for theory that can interpret the world rather than change it for the good has arisen due to the dominance of problem-solving and solution-driven approaches adopted by the social sciences.
State Life: Land, Welfare And Management Of The Landless In Kerala, India, R. C. Sudheesh
State Life: Land, Welfare And Management Of The Landless In Kerala, India, R. C. Sudheesh
Articles
The pressing need to manage the spiralling number of landless people around the world has compelled several states to experiment with scattered land distribution programmes in combination with welfare transfers, instead of comprehensive land reform. This article examines the chasm between land demands and state responses in such contexts. Focusing on the Aralam resettlement site for the landless Adivasis in Kerala, India, it argues that management of the landless could take the form of ‘state life’ — a life envisaged by the state rather than the life the people wish to lead. Three interlinked processes are shown to shape state …
Locating A Shadowy State In Queer, Feminist Politics, Atreyee Majumder
Locating A Shadowy State In Queer, Feminist Politics, Atreyee Majumder
Articles
In this commentary, part of a book forum on Srila Roy’s (2022) book ”Changing the Subject: Feminist and Queer Politics in Neoliberal India”, I argue that the feminist and queer movement, in response to the neoliberal turn in India, is not totally separate from the Indian state formations. In fact, a shadowy state emerges in the affective life of citizens as an expression of what Timothy Mitchell would have called “state effect”.
Grounding The Basic Structure In Legal Theory, Sanjay Jain
Grounding The Basic Structure In Legal Theory, Sanjay Jain
Articles
This article contributes to the everlasting debate on theorising the Basic Structure doctrine of the Indian Constitution. Having demonstrated that it cannot be justified either in orthodox positivism of Austin or Kelsenite normativity, the author makes the case to ground the debate in the modern avatar of analytical jurisprudence, popularly known as inclusive legal positivism.
Wto Security Exceptions: A Sliding Scale Approach To Protect The Rules-Based System For Global Free Trade, Ts Somashekar, Kanchan Yadav
Wto Security Exceptions: A Sliding Scale Approach To Protect The Rules-Based System For Global Free Trade, Ts Somashekar, Kanchan Yadav
Articles
Since the enforcement of the General Agreement on Tariffs and Trade (GATT) in 1947 and subsequently with the establishment of the World Trade Organization, the global community has been moving towards a more secure and rule-based international trade law regime. The cornerstones of the system are predictability and transparency, which ensure that a state, no matter how powerful, cannot undertake a discriminatory trade measure against another going above and beyond the rules. However, the recent instances of unilateral invocation of the security exceptions found in the various trade agreements endanger the very basis of the WTO system. The very first …
Globalisation And City-Zenship In A Not-So-Networked Society: Looking For Narratives Of Empowerment In The Process Of Seepage Of Techno-Cultural Practices, Atreyee Majumder
Globalisation And City-Zenship In A Not-So-Networked Society: Looking For Narratives Of Empowerment In The Process Of Seepage Of Techno-Cultural Practices, Atreyee Majumder
Articles
The article seeks to answer questions crucial to the marginalisation debate like - Is commercial globalisation bringing in more than consumer goods into the developing countries? And if so, then what is the consequent impact on the relationship between the state and its citizens. While the city in the developed world acts as a node of contact with the forces of globalisation, sending out the messages of the global ‘fantasy’, the city in the developing world acts as the receptor of such signals from which the 'fantasy’ can be accessed by the rest of the developed world. Persons living in …
Book Review: Christophe Jaffrelot, 2021. Modi’S India: Hindu Nationalism And The Rise Of Ethnic Democracy. Translated By Cynthia Schoch, Aniket Nandan
Book Review: Christophe Jaffrelot, 2021. Modi’S India: Hindu Nationalism And The Rise Of Ethnic Democracy. Translated By Cynthia Schoch, Aniket Nandan
Articles
Book review: Christophe Jaffrelot, 2021. Modi’s India: Hindu Nationalism and the Rise of Ethnic Democracy. Translated by Cynthia Schoch
Book Review: Sushmita Pati, Properties Of Rent: Community, Capital And Politics In Globalising Delhi, Aniket Nandan
Book Review: Sushmita Pati, Properties Of Rent: Community, Capital And Politics In Globalising Delhi, Aniket Nandan
Articles
Book review: Sushmita Pati, Properties Of Rent: Community, Capital And Politics In Globalising Delhi
Devotee/Ethnographer: My Struggle At The Boundary Walls Of Participant Observation, Atreyee Majumder
Devotee/Ethnographer: My Struggle At The Boundary Walls Of Participant Observation, Atreyee Majumder
Articles
This article demonstrates the difficulty of incorporating within the methodological ambit of ‘participant observation’, a possibility of the ethnographer herself staking claim in the religious truth claims of the community that constitute the subject of research. In so doing, this article provides a critique of the concept of participant observation to point out that participant observation anticipates the work of the ethnographer in participating in the physical, performative lives of the community that she purports to study, but never the internal life, especially the life of accessing a register of truth. I found myself in a curious situation as a …
Freedom From Caste: New Beginnings In Transdisciplinary Scholarship, Karthick Ram Manoharan, Meena Dhanda
Freedom From Caste: New Beginnings In Transdisciplinary Scholarship, Karthick Ram Manoharan, Meena Dhanda
Articles
This is the Editorial to the Special Issue titled 'Freedom from Caste: Anti-caste Thought, Politics and Culture', guest edited by Karthick Ram Manoharan and Meena Dhanda
National Medical Commission Act, 2019: The Need For Parity, Ov Nandimath, S. Suhas, Y. Malik, B.C. Malathesh
National Medical Commission Act, 2019: The Need For Parity, Ov Nandimath, S. Suhas, Y. Malik, B.C. Malathesh
Articles
The National Medical Commission (NMC) has replaced the erstwhile Medical Council of India with the intention of bringing about positive reforms in medical education and enforcing ethical standards in the practice of medicine in India. The NMC Act of 2019, under clauses 3 and 4 of Section 30, details the procedure of grievance redressal. However, these clauses in their current form empower doctors and patients unequally. While the Act empowers an aggrieved medical professional to approach the relevant appellate fora under the NMC, it is silent on a similar opportunity for an aggrieved patient or caregiver to appeal against the …
Technological Efforts, Firm Ownership And Productivity: A Study Of Information Technology Service Firms In India, Asmita Goswami, K. Narayanan
Technological Efforts, Firm Ownership And Productivity: A Study Of Information Technology Service Firms In India, Asmita Goswami, K. Narayanan
Articles
The article presents differences in firm-level total factor productivity in the information technology (IT) service firms in India over the period 2000–2016. It is an attempt to study whether technological efforts contribute to productivity differences in the firms in conjunction with several other firm specific characteristics. Controlling for endogeneity in inputs, the estimation of productivity through semi-parametric techniques indicates considerable heterogeneity in productivity across firm types. Technological efforts of firms have a significant impact on the productivity of IT firms. Both embodied technology imports and in-house R&D contribute to higher productivity. While the Indian firms are observed to be more …
Ethnicity, Self-Knowledge And Literary Sensitivity: A Sociological Reading Of V. S. Naipaul’S First Four Novels, N. Jayaram
Articles
Taking a cue from G. S. Ghurye’s Shakespeare on Conscience and Justice (1965) this lecture in his memory explores the role of ethnicity in shaping the selfknowledge and literary sensitivity of V. S. Naipaul. Naipaul’s life traverses three distinct cultures: the Hindu culture brought by his ancestors who came as indentured migrants to Trinidad, the Creole culture of colonial Trinidad and the emerging modern culture of western civilisation. Much of Naipaul’s self-knowledge involved his engagement with these three cultures and his experience of the interplay between colonialism and ethnicity. In his first four novels—Miguel Street, The Mystic Masseur, The Suffrage …
Role Of Courts In Ensuring Water Justice In India: Brasilia Declaration On Water Justice And Beyond, Gayathri D. Naik
Role Of Courts In Ensuring Water Justice In India: Brasilia Declaration On Water Justice And Beyond, Gayathri D. Naik
Articles
Water being a scarce resource, questions of its allocation and distribution, coupled with concerns of its depletion have troubled policy makers, legislators, and judges alike. While, over the years there has been significant development on the discussion surrounding the rights-duty paradigm of water resources, by establishing the obligation of states, discussion surrounding a certain value-based approach to guide the minds of important stakeholders in creating and enforcing policy has gained far less traction comparatively. It is in this context that this paper explores an alternative justice-based approach to water, drawing from the works of Amartya Sen on capabilities and more …