Dr. Narender Nagarwal - Profile on Academia.edu (original) (raw)
Papers by Dr. Narender Nagarwal
Live Law, 2025
The Supreme Court of India recently clarified the temporal limitations on the President's authori... more The Supreme Court of India recently clarified the temporal limitations on the President's authority to reserve Bills under Article 201 of the Constitution, capping such reservations at three months. This jurisprudential milestone, arising from the State of Tamil Nadu v. Union of India (2023), has sparked a significant constitutional discourse on federal comity, gubernatorial propriety, and the separation of powers. The apex court's censure of Governor R.N. Ravi for retaining ten Bills sine die, deemed a sub silentio affront to cooperative federalism, underscores the judiciary's role as guardian of constitutional governance. This noteworthy ruling reaffirms the Supreme Court's stance that key principles such as federalism, democratic values, and judicial independence are integral components of the Constitution's basic structure, thus impervious to judicial review.
The Leaflet, 2025
‘Waqf’ and ‘Trust’ or charity-related endowments share numerous similarities, but they can be dis... more ‘Waqf’ and ‘Trust’ or charity-related endowments share numerous similarities, but they can be distinguished in key respects. A Waqf always has a strong religious connection, and the motivation for donating the property is religious. The necessity for such motivation is often overlooked by Indian courts when making decisions in waqf cases. Whether it is possible to adhere to the law as laid out in the texts and to the need for a religious motive is a separate question. Thus, the institution of Waqf has a significant element of Islamic practice in India, where the management of Waqf properties plays a crucial role. Unlike secular administration, the governance of these properties is deeply intertwined with religious traditions and community welfare, emphasizing the sacred responsibility that accompanies such endowments.
Russian International Affairs Council, Moscow, Russian Federation, 2025
With a more aggressive and fierce approach anticipated by the Trump administration in 2025, the U... more With a more aggressive and fierce approach anticipated by the Trump administration in 2025, the U.S. foreign policy approach appears more assertive, concentrated, and resolute which may disturb the geopolitics of Europe, Asia and the Middle East. Nonetheless, recent indications from Washington, including the declaration of a possible U.S. occupation of Gaza, have raised global concerns. Such an action would breach international law and further destabilize the already precarious situation in the Middle East.
THE COUNTERCURRENTS.ORG, 2025
India finds itself at a pivotal moment in its economic journey. As the world's fifth-largest econ... more India finds itself at a pivotal moment in its economic journey. As the world's fifth-largest economy, the country confronts the dual challenge of sustaining growth while tackling the structural inefficiencies that have hindered its development. The Union Budget for the upcoming fiscal year must act as a blueprint for renewal, emphasizing growth, economic restructuring, and equitable welfare. However, a rising debt burden, stagnant employment
Mainstream Weekly, 2024
In its historic judgement, the Hon'ble Supreme Court sternly prohibited the administrative lawles... more In its historic judgement, the Hon'ble Supreme Court sternly prohibited the administrative lawlessness in the name of Bulldozer Justice. In Uttar Pradesh, Madhya Pradesh and Assam, where it disproportionately targets the properties of individuals accused in specific criminal cases. Reports indicate that a significant number of those affected by these demolitions belong to Muslim communities. This article critically examines these issues and advocates for accountability regarding the harm inflicted by bulldozer injustice on innocent families.
COUNTERCURRENTS.ORG, 2024
At the outset, we must be honest in analysing the current Middle-Eastern crisis between Iran and ... more At the outset, we must be honest in analysing the current Middle-Eastern crisis between Iran and Israel in post Gaza fiasco. Firstly, there were no sincere efforts to put an end to Israel's war in Gaza; if there had been honest attempts to end the war to prevent Israel from retaliating strongly in Gaza, we would not be at this critical juncture now.
INDIAN JOURNAL OF SOCIAL WORK EDUCATION AND PRACTICE, DELHI SCHOOL OF SOCIAL WORK, UNIVERSITY OF DELHI, 2024
The objective of this essay is to shed light on the current uproar surrounding how the proposed c... more The objective of this essay is to shed light on the current uproar surrounding how the proposed common personal law throughout the nation will undermine constitutional values, social cohesiveness and national integrity. The article also unpins the claim of the gender justice hypothesis as to how the proposed reform undermines women's rights and liberties if UCC is implemented strictly throughout the nation.
The Leaflet, 2024
A judge has a crucial responsibility to preserve constitutional values, civil liberties, and the ... more A judge has a crucial responsibility to preserve constitutional values, civil liberties, and the rule of law, and this responsibility continues on the bench and off the bench. This analysis aims to highlight instances that have undermined people's trust in the judiciary and recommend measures to minimize the risks of political influences on an impartial judiciary. It also acknowledges that judges may have political ideologies, beliefs, and principles, but they should not express them publicly.
COUNTERCURRENTS, 2024
It is entirely incomprehensible why the Madarasa Board has been singled out. Allahabad High Court... more It is entirely incomprehensible why the Madarasa Board has been singled out. Allahabad High Court judgment blatantly deprives Muslims of the same privileges that are readily available to all other religious groups in the country. This discriminatory action not only undermines the fundamental principles of secularism but also exacerbates the existing social disparities and perpetuates a sense of marginalization among the Muslim community.
Muslim Mirror, 2024
BSP has witnessed a significant decline in recent times due to various factors such as lack of le... more BSP has witnessed a significant decline in recent times due to various factors such as lack of leadership, negligible booth level cadre, disengagement with BAMCEF, and a continuous decrease in vote share. This has put the BSP in a precarious position, close to being a dead organization.
WWW.COUNTERCURRENT.ORG, 2024
Upon analysing some of the provisions of the Uttarakhand model of UCC, it becomes clear that this... more Upon analysing some of the provisions of the Uttarakhand model of UCC, it becomes clear that this legislation is a blatant disregard of the fundamental tenets of a modern welfare state as enshrined in the Constitution of India. Furthermore, it is a direct obstacle to the state's progress and that of its people, raising serious concerns about the government's commitment to upholding the rule of law. The UCC that governs personal laws can also be characterised as a flagrant example of the state's brutality and blatant disregard for the legislative process.
Sabrang India, 2024
This 75th Republic Day celebration of India provides an opportunity to reflect on the critical ch... more This 75th Republic Day celebration of India provides an opportunity to reflect on the critical challenges faced by the Indian state and to contemplate how to uphold, preserve and protect India's cherished ideals of democracy, secularism, and the rule of law, which are considered the cornerstone of the Indian republic. The notable features of the Indian Republic include democracy, a constitution, and civil and political freedom for all citizens, irrespective of their caste, creed, religion, or language. In a democratic republic system, the constitution holds paramount importance, with no individual or entity having absolute power. The rule of law must be maintained and enforced in all circumstances. However, over the past decade, the political class, executive, and judiciary, which constitute the State, have significantly undermined the constitutional values and principles of Indian republicanism.
INDIAN JOURNAL OF LAW AND JUSTICE, 2023
The contentious issue of the present discourse is whether India’s cooperative federalism exists o... more The contentious issue of the present discourse is whether India’s cooperative federalism exists or lost its distinctiveness. The main task of this research paper is to examine how politics has endangered the core tenets of Indian federalism thereby pushing the nation into a totalitarian or majoritarian state. The massive abuse of the authorities, and institutions and repeated dents to fiscal federalism are the areas of concern. The tribulation journey of Indian federalism from cooperative to confrontationist poses serious questions about the future of Indian federalism and what would be the future of many territories, states, and centrally administered regions in India if this confrontationist approach continues.
Radiance News, 2023
As we observe Constitution Day, it is imperative that we move beyond the ritualistic aspects of c... more As we observe Constitution Day, it is imperative that we move beyond the ritualistic aspects of celebration and delve into the core values and principles that our Constitution embodies. Despite the grandeur of our annual November 26 celebrations, it is crucial to introspect whether we have truly looked beyond surface-level rituals, tokenism, and symbolism.
Gandhimarg, 2023
The main objective of the present article is to investigate the recent political movement in Paki... more The main objective of the present article is to investigate the recent political movement in Pakistan and how Gandhian elements may be seen in the current political climate. To restore democracy, the rule of law, and the Constitution of Pakistan, Imran Khan's nationwide political movement has incorporated many Gandhian practices. Throughout its history, Pakistan has faced challenges with democracy and institutional autonomy. The nuclear-armed Islamic state in South Asia has experienced military coups, economic difficulties, and global embarrassment. The survival of democracy has been threatened by a lack of nationalist leadership, power-hungry military officials, and attempts to impose Talibanization. The Imran Khan government attempted to reconstruct Pakistan's democracy in 2018 with a concentration on the revival of the economy, good governance and establishing the rule of law state through pacifist means, but his efforts were wrecked by the opposition parties' united front. The present regime headed by Shahbaz Sharif has unleashed a brutal crackdown against the PTI cadre that intensified Khan's democratic movement. Imran Khan and his supporters are currently fighting valiantly to preserve democracy, and this article seeks to clarify how Khan's political movement embraced Gandhi's principles.
Mainstream (Newsweekly), 2022
This research paper delves into the current crisis facing Indian media, with two distinct groups ... more This research paper delves into the current crisis facing Indian media, with two distinct groups emerging. One group is loyal to the state and its apparatus, while the other is critical of state repressive policies and exposes lies and propaganda. The article discusses two cases that showcase how Indian media is fighting to maintain its autonomy, truthfulness, and journalistic freedom. It is imperative to have an independent and fearless media as it plays a significant role in civil liberties, democracy, the rule of law, and nation-building.
Punjab Today, 2023
The Uniform Civil Code (UCC) is not always a bad concept. However, in a multi-racial and multi-re... more The Uniform Civil Code (UCC) is not always a bad concept. However, in a multi-racial and multi-religious nation like India, it might not be the greatest choice. A uniform set of personal laws for the citizens might be advantageous in a homogeneous society but certainly not appropriate to a heterogeneous society.
Relevance of Duties in the Contemporary World, 2022
Endeavour of this paper is to examine dichotomy surrounded on secularism and secularisation const... more Endeavour of this paper is to examine dichotomy surrounded on secularism and secularisation constructed through Gandhian philosophy of secular state. In this chapter, attempt has been made to scrutinize the Gandhi’s controversial religious experiment with secularism and how it differs with classical description of the Western bravura of tolerance, coexistence and pluralism since Gandhi was not considered as secularist in the common western sense of term. The classical western interpretation of “Secularism” and “Religion” almost negating to each other due to some historical events which created two opposing centres of power vested in the political organisation and the ecclesiastical order respectively. Gandhian political thought on secularism and minorities rights really astonishing where he paradoxically distinguishes between state and religion but insist on secularism with a good blend of religion and spirituality. Gandhi believed that it is irrelevant to divorce religion from politics, in the Indian context as both have concomitant effects. That unique interpretation of secularism where religion play a pivotal character in state politics put him an illustrious philosopher of our time who described secularism virtually in a different arena. Gandhi proudly claimed that I can’t see politics without spirituality and religion nonetheless he also pitched for the secularisation, multiculturalism, and diversity of Indian society, hence stalwartly advocating the protection of the religious and cultural rights of minorities. In such peculiar contradictory thoughts, it is desirable to decode the Gandhian view of secularism and how his philosophy is relevant under the current scenario.
Journal of Asian and African Studies, 2021
The primary endeavor of this paper is to illuminate the contentious Citizenship Amendment Act 201... more The primary endeavor of this paper is to illuminate the contentious Citizenship Amendment Act 2019 through the constitution and human rights jurisprudence perspective. In this paper, an attempt has been made to propose a different interpretation of the Citizenship Amendment Act 2019 which not only infracts constitutional values but also legalized the hate against minorities, especially Muslims. India—as a nation state—has always cherished and remained concerned about its secular and democratic character. Since independence, India has maintained its global position as a responsible and humane society to protect minorities' rights and social justice. Shockingly, the legislative development that had taken place in the recent past has questioned India's commitment toward the certain principle of human rights, democratic values, and secularism which are the hallmark of the Constitution of India. The Citizenship Amendment Act 2019 has put religion as a pre-requisite qualification if someone is desirous to apply for Indian citizenship which is purely a violation of the basic ethos of the constitution. The idea of India as envisioned by the framers of the Indian constitution as a democratic, secular, and socialist state and anything that contrary to its basic structure is unconstitutional. The contentious legislation whether unconstitutional or not needs to be examined through the prism of constitutional law and fundamental norms of human rights. In this research exercise, a modest attempt is made to examine all merits and demerits of this antagonistic citizenship legislation. Throughout the paper, the effort has been given to sustain the notion that India cannot be a republic founded on discrimination, hate, and a pervasive sense of fear. </jats:p>
Russian International Affairs Council, Moscow (Russian Federation), 2022
The main objective of this study is to debunk some common misconceptions against Russia and its c... more The main objective of this study is to debunk some common misconceptions against Russia and its contentious military intervention in Ukraine. If we look at the coverage and reporting of mainstream media outlets of the West, we can see that the majority of myths were created to suit them. The majority of misunderstandings have been built on the foundations of outright lies and fantasy. The US and European Union created misleading narratives about Russian military intervention in Ukraine aiming to destabilising Russia and countering Russian influence in Asia and Europe. This research exhibit that continuing to believe in the character and implementation of Western policies toward Russia and Ukraine will be detrimental to India and other Asian countries too. Before drawing any conclusions or passing any judgment against Russia in the ongoing Ukraine crisis, the US posture toward Russia and Ukraine must be critically examined. Every move taken by the US since NATO's inception in Eastern Europe demonstrates how the US and other Western cultures have expanded their influence in order to trap the political leadership of the Commonwealth of Independent States (CIS) states. The entire experiment is meant to destabilise Russia. It is vital to evaluate Russia's reason for using force against Ukraine as a foundation for the study. Also, what choices did Russia have before launching a military operation? Before bringing up the issues of war crimes, human rights, and international law, it is desirable to comprehend Russia's security concerns and strategic threats
Live Law, 2025
The Supreme Court of India recently clarified the temporal limitations on the President's authori... more The Supreme Court of India recently clarified the temporal limitations on the President's authority to reserve Bills under Article 201 of the Constitution, capping such reservations at three months. This jurisprudential milestone, arising from the State of Tamil Nadu v. Union of India (2023), has sparked a significant constitutional discourse on federal comity, gubernatorial propriety, and the separation of powers. The apex court's censure of Governor R.N. Ravi for retaining ten Bills sine die, deemed a sub silentio affront to cooperative federalism, underscores the judiciary's role as guardian of constitutional governance. This noteworthy ruling reaffirms the Supreme Court's stance that key principles such as federalism, democratic values, and judicial independence are integral components of the Constitution's basic structure, thus impervious to judicial review.
The Leaflet, 2025
‘Waqf’ and ‘Trust’ or charity-related endowments share numerous similarities, but they can be dis... more ‘Waqf’ and ‘Trust’ or charity-related endowments share numerous similarities, but they can be distinguished in key respects. A Waqf always has a strong religious connection, and the motivation for donating the property is religious. The necessity for such motivation is often overlooked by Indian courts when making decisions in waqf cases. Whether it is possible to adhere to the law as laid out in the texts and to the need for a religious motive is a separate question. Thus, the institution of Waqf has a significant element of Islamic practice in India, where the management of Waqf properties plays a crucial role. Unlike secular administration, the governance of these properties is deeply intertwined with religious traditions and community welfare, emphasizing the sacred responsibility that accompanies such endowments.
Russian International Affairs Council, Moscow, Russian Federation, 2025
With a more aggressive and fierce approach anticipated by the Trump administration in 2025, the U... more With a more aggressive and fierce approach anticipated by the Trump administration in 2025, the U.S. foreign policy approach appears more assertive, concentrated, and resolute which may disturb the geopolitics of Europe, Asia and the Middle East. Nonetheless, recent indications from Washington, including the declaration of a possible U.S. occupation of Gaza, have raised global concerns. Such an action would breach international law and further destabilize the already precarious situation in the Middle East.
THE COUNTERCURRENTS.ORG, 2025
India finds itself at a pivotal moment in its economic journey. As the world's fifth-largest econ... more India finds itself at a pivotal moment in its economic journey. As the world's fifth-largest economy, the country confronts the dual challenge of sustaining growth while tackling the structural inefficiencies that have hindered its development. The Union Budget for the upcoming fiscal year must act as a blueprint for renewal, emphasizing growth, economic restructuring, and equitable welfare. However, a rising debt burden, stagnant employment
Mainstream Weekly, 2024
In its historic judgement, the Hon'ble Supreme Court sternly prohibited the administrative lawles... more In its historic judgement, the Hon'ble Supreme Court sternly prohibited the administrative lawlessness in the name of Bulldozer Justice. In Uttar Pradesh, Madhya Pradesh and Assam, where it disproportionately targets the properties of individuals accused in specific criminal cases. Reports indicate that a significant number of those affected by these demolitions belong to Muslim communities. This article critically examines these issues and advocates for accountability regarding the harm inflicted by bulldozer injustice on innocent families.
COUNTERCURRENTS.ORG, 2024
At the outset, we must be honest in analysing the current Middle-Eastern crisis between Iran and ... more At the outset, we must be honest in analysing the current Middle-Eastern crisis between Iran and Israel in post Gaza fiasco. Firstly, there were no sincere efforts to put an end to Israel's war in Gaza; if there had been honest attempts to end the war to prevent Israel from retaliating strongly in Gaza, we would not be at this critical juncture now.
INDIAN JOURNAL OF SOCIAL WORK EDUCATION AND PRACTICE, DELHI SCHOOL OF SOCIAL WORK, UNIVERSITY OF DELHI, 2024
The objective of this essay is to shed light on the current uproar surrounding how the proposed c... more The objective of this essay is to shed light on the current uproar surrounding how the proposed common personal law throughout the nation will undermine constitutional values, social cohesiveness and national integrity. The article also unpins the claim of the gender justice hypothesis as to how the proposed reform undermines women's rights and liberties if UCC is implemented strictly throughout the nation.
The Leaflet, 2024
A judge has a crucial responsibility to preserve constitutional values, civil liberties, and the ... more A judge has a crucial responsibility to preserve constitutional values, civil liberties, and the rule of law, and this responsibility continues on the bench and off the bench. This analysis aims to highlight instances that have undermined people's trust in the judiciary and recommend measures to minimize the risks of political influences on an impartial judiciary. It also acknowledges that judges may have political ideologies, beliefs, and principles, but they should not express them publicly.
COUNTERCURRENTS, 2024
It is entirely incomprehensible why the Madarasa Board has been singled out. Allahabad High Court... more It is entirely incomprehensible why the Madarasa Board has been singled out. Allahabad High Court judgment blatantly deprives Muslims of the same privileges that are readily available to all other religious groups in the country. This discriminatory action not only undermines the fundamental principles of secularism but also exacerbates the existing social disparities and perpetuates a sense of marginalization among the Muslim community.
Muslim Mirror, 2024
BSP has witnessed a significant decline in recent times due to various factors such as lack of le... more BSP has witnessed a significant decline in recent times due to various factors such as lack of leadership, negligible booth level cadre, disengagement with BAMCEF, and a continuous decrease in vote share. This has put the BSP in a precarious position, close to being a dead organization.
WWW.COUNTERCURRENT.ORG, 2024
Upon analysing some of the provisions of the Uttarakhand model of UCC, it becomes clear that this... more Upon analysing some of the provisions of the Uttarakhand model of UCC, it becomes clear that this legislation is a blatant disregard of the fundamental tenets of a modern welfare state as enshrined in the Constitution of India. Furthermore, it is a direct obstacle to the state's progress and that of its people, raising serious concerns about the government's commitment to upholding the rule of law. The UCC that governs personal laws can also be characterised as a flagrant example of the state's brutality and blatant disregard for the legislative process.
Sabrang India, 2024
This 75th Republic Day celebration of India provides an opportunity to reflect on the critical ch... more This 75th Republic Day celebration of India provides an opportunity to reflect on the critical challenges faced by the Indian state and to contemplate how to uphold, preserve and protect India's cherished ideals of democracy, secularism, and the rule of law, which are considered the cornerstone of the Indian republic. The notable features of the Indian Republic include democracy, a constitution, and civil and political freedom for all citizens, irrespective of their caste, creed, religion, or language. In a democratic republic system, the constitution holds paramount importance, with no individual or entity having absolute power. The rule of law must be maintained and enforced in all circumstances. However, over the past decade, the political class, executive, and judiciary, which constitute the State, have significantly undermined the constitutional values and principles of Indian republicanism.
INDIAN JOURNAL OF LAW AND JUSTICE, 2023
The contentious issue of the present discourse is whether India’s cooperative federalism exists o... more The contentious issue of the present discourse is whether India’s cooperative federalism exists or lost its distinctiveness. The main task of this research paper is to examine how politics has endangered the core tenets of Indian federalism thereby pushing the nation into a totalitarian or majoritarian state. The massive abuse of the authorities, and institutions and repeated dents to fiscal federalism are the areas of concern. The tribulation journey of Indian federalism from cooperative to confrontationist poses serious questions about the future of Indian federalism and what would be the future of many territories, states, and centrally administered regions in India if this confrontationist approach continues.
Radiance News, 2023
As we observe Constitution Day, it is imperative that we move beyond the ritualistic aspects of c... more As we observe Constitution Day, it is imperative that we move beyond the ritualistic aspects of celebration and delve into the core values and principles that our Constitution embodies. Despite the grandeur of our annual November 26 celebrations, it is crucial to introspect whether we have truly looked beyond surface-level rituals, tokenism, and symbolism.
Gandhimarg, 2023
The main objective of the present article is to investigate the recent political movement in Paki... more The main objective of the present article is to investigate the recent political movement in Pakistan and how Gandhian elements may be seen in the current political climate. To restore democracy, the rule of law, and the Constitution of Pakistan, Imran Khan's nationwide political movement has incorporated many Gandhian practices. Throughout its history, Pakistan has faced challenges with democracy and institutional autonomy. The nuclear-armed Islamic state in South Asia has experienced military coups, economic difficulties, and global embarrassment. The survival of democracy has been threatened by a lack of nationalist leadership, power-hungry military officials, and attempts to impose Talibanization. The Imran Khan government attempted to reconstruct Pakistan's democracy in 2018 with a concentration on the revival of the economy, good governance and establishing the rule of law state through pacifist means, but his efforts were wrecked by the opposition parties' united front. The present regime headed by Shahbaz Sharif has unleashed a brutal crackdown against the PTI cadre that intensified Khan's democratic movement. Imran Khan and his supporters are currently fighting valiantly to preserve democracy, and this article seeks to clarify how Khan's political movement embraced Gandhi's principles.
Mainstream (Newsweekly), 2022
This research paper delves into the current crisis facing Indian media, with two distinct groups ... more This research paper delves into the current crisis facing Indian media, with two distinct groups emerging. One group is loyal to the state and its apparatus, while the other is critical of state repressive policies and exposes lies and propaganda. The article discusses two cases that showcase how Indian media is fighting to maintain its autonomy, truthfulness, and journalistic freedom. It is imperative to have an independent and fearless media as it plays a significant role in civil liberties, democracy, the rule of law, and nation-building.
Punjab Today, 2023
The Uniform Civil Code (UCC) is not always a bad concept. However, in a multi-racial and multi-re... more The Uniform Civil Code (UCC) is not always a bad concept. However, in a multi-racial and multi-religious nation like India, it might not be the greatest choice. A uniform set of personal laws for the citizens might be advantageous in a homogeneous society but certainly not appropriate to a heterogeneous society.
Relevance of Duties in the Contemporary World, 2022
Endeavour of this paper is to examine dichotomy surrounded on secularism and secularisation const... more Endeavour of this paper is to examine dichotomy surrounded on secularism and secularisation constructed through Gandhian philosophy of secular state. In this chapter, attempt has been made to scrutinize the Gandhi’s controversial religious experiment with secularism and how it differs with classical description of the Western bravura of tolerance, coexistence and pluralism since Gandhi was not considered as secularist in the common western sense of term. The classical western interpretation of “Secularism” and “Religion” almost negating to each other due to some historical events which created two opposing centres of power vested in the political organisation and the ecclesiastical order respectively. Gandhian political thought on secularism and minorities rights really astonishing where he paradoxically distinguishes between state and religion but insist on secularism with a good blend of religion and spirituality. Gandhi believed that it is irrelevant to divorce religion from politics, in the Indian context as both have concomitant effects. That unique interpretation of secularism where religion play a pivotal character in state politics put him an illustrious philosopher of our time who described secularism virtually in a different arena. Gandhi proudly claimed that I can’t see politics without spirituality and religion nonetheless he also pitched for the secularisation, multiculturalism, and diversity of Indian society, hence stalwartly advocating the protection of the religious and cultural rights of minorities. In such peculiar contradictory thoughts, it is desirable to decode the Gandhian view of secularism and how his philosophy is relevant under the current scenario.
Journal of Asian and African Studies, 2021
The primary endeavor of this paper is to illuminate the contentious Citizenship Amendment Act 201... more The primary endeavor of this paper is to illuminate the contentious Citizenship Amendment Act 2019 through the constitution and human rights jurisprudence perspective. In this paper, an attempt has been made to propose a different interpretation of the Citizenship Amendment Act 2019 which not only infracts constitutional values but also legalized the hate against minorities, especially Muslims. India—as a nation state—has always cherished and remained concerned about its secular and democratic character. Since independence, India has maintained its global position as a responsible and humane society to protect minorities' rights and social justice. Shockingly, the legislative development that had taken place in the recent past has questioned India's commitment toward the certain principle of human rights, democratic values, and secularism which are the hallmark of the Constitution of India. The Citizenship Amendment Act 2019 has put religion as a pre-requisite qualification if someone is desirous to apply for Indian citizenship which is purely a violation of the basic ethos of the constitution. The idea of India as envisioned by the framers of the Indian constitution as a democratic, secular, and socialist state and anything that contrary to its basic structure is unconstitutional. The contentious legislation whether unconstitutional or not needs to be examined through the prism of constitutional law and fundamental norms of human rights. In this research exercise, a modest attempt is made to examine all merits and demerits of this antagonistic citizenship legislation. Throughout the paper, the effort has been given to sustain the notion that India cannot be a republic founded on discrimination, hate, and a pervasive sense of fear. </jats:p>
Russian International Affairs Council, Moscow (Russian Federation), 2022
The main objective of this study is to debunk some common misconceptions against Russia and its c... more The main objective of this study is to debunk some common misconceptions against Russia and its contentious military intervention in Ukraine. If we look at the coverage and reporting of mainstream media outlets of the West, we can see that the majority of myths were created to suit them. The majority of misunderstandings have been built on the foundations of outright lies and fantasy. The US and European Union created misleading narratives about Russian military intervention in Ukraine aiming to destabilising Russia and countering Russian influence in Asia and Europe. This research exhibit that continuing to believe in the character and implementation of Western policies toward Russia and Ukraine will be detrimental to India and other Asian countries too. Before drawing any conclusions or passing any judgment against Russia in the ongoing Ukraine crisis, the US posture toward Russia and Ukraine must be critically examined. Every move taken by the US since NATO's inception in Eastern Europe demonstrates how the US and other Western cultures have expanded their influence in order to trap the political leadership of the Commonwealth of Independent States (CIS) states. The entire experiment is meant to destabilise Russia. It is vital to evaluate Russia's reason for using force against Ukraine as a foundation for the study. Also, what choices did Russia have before launching a military operation? Before bringing up the issues of war crimes, human rights, and international law, it is desirable to comprehend Russia's security concerns and strategic threats
Mainstream Weekly, 2024
A university is not just a place for academic learning, but also a platform for fostering holisti... more A university is not just a place for academic learning, but also a platform for fostering holistic development, humanism, openness, and the free exchange of diverse perspectives. The fundamental goal of higher education is to nurture critical thinking, empathy, and inclusivity and multiculturalism where all voices, faiths, and views are respected. When this freedom is restricted and universities become a breeding ground for hate and bigotry, it undermines the very essence and purpose of higher education.
The term 'corporate corruption' signify certain corrupt practices and illicit activities viz brib... more The term 'corporate corruption' signify certain corrupt practices and illicit activities viz bribery, influence, peddling, patronage, cronyism, embezzlement, kickbacks to officials and involvement of mafia to terrorize other competitors by the Indian industries and corporate houses. In majority of corruption cases it has been found that there is some collusion of corporate houses with politicians, administration and criminals aiming to enhance their venture and profit. In this course, the corrupt activities also resorted to the extent of eliminating their rival business houses. Problem of the corruption can be seen almost in every sector be it may the government sector or private sector, but very few are aware about corporate corruption's perils and what would be the ramification, if not contained. In the recent past the Indian judiciary has demonstrated its vital role while curbing all sort of corruption through its landmark judgments and significant orders. The basic aim of the present paper is to look into the law, policy and state response towards corporate corruption that continuously endangering the rule of law and democratic values of the nation. In this paper an attempt has been made to look into the effectiveness of legislative framework and the role of the investigation agencies in mitigating corporate corruptions prevailing in various forms and at various levels of the infected corporate houses in India.
Primarily the paper focuses on the surging media menace in India and an attempt has been made to ... more Primarily the paper focuses on the surging media menace in India and an attempt has been made to decipher media biases, hate and malicious propaganda against minorities especially against the Muslims. It is a matter of grave concern that certain acts of news channels amount to a potential serious threats to the rule of law, freedom of expression, secular ethos and attempt to undermine the judicial process of the country. The role of the mainstream media on the whole, is highly deplorable and condemnable as the journalistic principles has been out- rightly sidelined while reporting about sensitive issue of terrorism, communal violence and political violence. This paper also examines the factors responsible of credibility crisis of Indian media and why media consider itself an institution beyond the legal scrutiny.
Taking advantage of union government, the BJP has adopted the militant aggressive masculinity str... more Taking advantage of union government, the BJP has adopted the militant aggressive masculinity strategy in the name of protecting the Hindus and national security in West Bengal assembly election. The party know well that after humiliating defeat in Bihar and Delhi, the state election in Assam, West Bengal, Kerala, Pudducherry and Tamil Nadu could revive the waning Modi’s magic. Immediate concern of the central leadership of the saffron party is at-least a satisfactory performance in the ongoing election. In the context of West Bengal assembly election, the BJP has primarily relied on three core issues viz corruption under TMC regime i.e. Saradha Chit Fund case, compromise with national security by allowing uncontrollable influx of immigrants from Bangladesh and Gujarat model of development is needed in the state. The whipping up of religion and immigrants issue,the saffron brigade seeks to create a deep cleavage in state aiming to garner electoral advantage.
Madhyamam (Malyalam), 2023
The daring shoot-out in Prayagraj that claimed the lives of Atiq Ahmed, a former member of parlia... more The daring shoot-out in Prayagraj that claimed the lives of Atiq Ahmed, a former member of parliament and his brother Ashraf Ahmed, by the unknown assailants has raised the issue of what is the current state of affairs of rule of law in UP. Atiq Ahmed the gangster turned politician being escorted for a medical checkup in handcuffs at the time of the attack. The assailants were accosted by camera crews-and according to the police the gunmen who killed the duo had been masquerading as journalists. After the shoot-out the attackers'
Despite remarkable work in this field of law, a majority of Indian scholars awareness still weedy... more Despite remarkable work in this field of law, a majority of Indian scholars awareness still weedy on some crucial areas of environmental jurisprudence.
COUNTERCURRENTS.ORG, 2024
Despite being unconstitutional, illegal, and unethical, the CAA has been implemented, while aroun... more Despite being unconstitutional, illegal, and unethical, the CAA has been implemented, while around two hundred petitions have been filed against it. The inherent complexities and contradictions of the CAA are already in the public domain, but the Supreme Court has yet to examine its constitutionality. This situation demands immediate attention from all concerned parties to ensure that justice is served and such unconstitutional legislation must be resisted tenaciously
Introduction to Law and Governance: Edited by Dr Varun Chhachhar, Dr Vijay Verma, ACUMEN PUB, Netherland, 2023
The present paper investigates the government's recent efforts in the form of the Citizenship Ame... more The present paper investigates the government's recent efforts in the form of the Citizenship Amendment Act 2019 and the impending nationwide NRC with the help of anticipated NPR, as well as the impact of these actions on the social, economic, and cultural interests of India's Dalits and Tribals sections. Comparing advancement in social and economic life from the earlier phase of suppression, atrocities and apartheid-Dalits and Tribals are apprehensive and anxious by the latest development in the form of CAA coupled with NPR/NRC. This paper argues reasonably that the Dalits have achieved limited but important social and economic advances through affirmative action policies and they look the latest move of the government as an effort to stripping off their constitutionally mandated protections. Certain apprehensions and concerns of Dalits and Tribals about contentious CAA and impending NRC are legitimate and can't be rejected outrightly. The chief concern of India's highly oppressed section who has been subjected to caste-based subjugation and systematic tyranny from state is-how to preserve their rights, social, economic, cultural interest, and constitutional protection. This paper raises some pertinent questions about why and how CAA plus ambitious plan of nationwide NRC is a well-calculated intrigue against the social, economic, and cultural interests of marginalised sections especially Dalits and Tribals. The paper concludes with a broader discussion on the ill effect of CAA and NRC and how to tackle this challenge prudently and why collaborative efforts are essential to defeating this larger plot.
Kashmir Times, 2019
The Citizenship Amendment Act 2019 fundamentally discriminatory and has been enacted aiming to ta... more The Citizenship Amendment Act 2019 fundamentally discriminatory and has been enacted aiming to target India’s largest minority community i.e. Muslims. It is to be noted that the principle Act i.e. The Citizenship Act 1955 provides five ways of acquiring Indian citizenship, viz-Birth, Descent, Registration, Naturalisation and Incorporation of some territory into India. Shockingly the latest CAA seeks to grant citizenry rights to religious minorities of neighbouring countries on the basis of religion, which is fundamentally impractical and also against the Article 14 of the Indian Constitution. The “reasonable classification” defence taken by the government not tenable under the eyes of law. Rather it is not “reasonable classification” but “class legislation” hence fundamentally wrong and unconstitutional. Moreover, the CAA also hits Preamble, Article 15, 25 , 29 and 30 of the Indian Constitution besides Article 51C and Article 253 that makes an obligation to India to respect international law in its true spirit.
Pre-Print (Lecture), 2022
The newly introduced amendments under the Information Technology (Intermediary Guidelines and Dig... more The newly introduced amendments under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 on October 28, 2022 released by the Ministry of Electronics and IT has raised concern amongst civil rights activists and legal fraternity. The latest amendments are being understood a vicious attempt to