Alok Prasanna - Academia.edu (original) (raw)
Papers by Alok Prasanna
Criminalization: Politics and Policies, 2024
In the chapter, we analyse how criminal laws are conceptualised in India. We will focus on crimin... more In the chapter, we analyse how criminal laws are conceptualised in India. We will focus on criminalisation of drug use and assess its impact on ground by analysing empirical data. This will be used to make a case for a more principled approach to criminal law making.
Economic and Political Weekly, 2024
Australia’s new legislation banning social media access to children below the age of 16 is the fi... more Australia’s new legislation banning social media access to children below the age of 16 is the first legislative attempt in the world to do so. It comes after years of research on the harmful effects of social media on children’s
mental health, development, and well-being. Implementation concerns notwithstanding, it is still a necessary and welcome move, worthy of consideration and emulation in other jurisdictions as well.
Economic and Political Weekly, 2024
The recent legal dispute between the Kerala government and the union over finances is not only a ... more The recent legal dispute between the Kerala government and the union over finances is not only a political tug-of-war between governments ruled by different parties but also an indication of a coming constitutional crisis over the union’s control of subnational debt. A constitutional vacuum
needs to be addressed through appropriate amendments to the Constitution.
Economic and Political Weekly, 2024
In holding that advocates and lawyers cannot be sued in consumer courts, the Supreme Court has o... more In holding that advocates and lawyers cannot be sued in consumer courts, the Supreme
Court has offered three reasons— the law was not intended to apply to professionals, lawyers are sui generis professionals, and lawyers actually are in a contract of
service with their clients. This column brings attention to the contradictory approach of the Court on this matter.
Economic and Political Weekly, 2024
India’s urban areas have grown manifold over the years and continue to attract migrants and econ... more India’s urban areas have grown manifold over the years and continue to attract migrants and economic investments. However, governance has not kept pace with the changing needs. The promises of three major national
political parties on urban governance and cities are examined to compare the different promises of change being made in this context.
Economic and Political Weekly, 2024
The Supreme Court’s flawed and jurisprudentially unsound judgment in E V Chinnaiah (2005), which ... more The Supreme Court’s flawed and jurisprudentially unsound judgment in E V Chinnaiah (2005), which prohibited inter se reservations among Scheduled Caste and Scheduled Tribe communities, looks likely to be
overturned by a seven-judge bench in State of Punjab v Davinder Singh. However, this may turn out to be too late to have any transformational effect on social justice, given the shrinking of the state.
Economic and Political Weekly, 2024
The Supreme Court’s judgment cancelling the remission of the convicts in the gang rape of Bilkis ... more The Supreme Court’s judgment cancelling the remission of the convicts in the gang rape of Bilkis Bano, while being a resounding victory for the rule of law, civil liberties, and basic decency, is also an internal rebuke of the
Court itself. The bench is unafraid to not only overtly criticise previous benches, which had paved the way for remission, but also other benches which pay mere lip service to constitutional values while acting contrary
to the same.
Economic and Political Weekly, 2023
In its judgment upholding the constitutional validity of the abrogation of Article 370, the Supre... more In its judgment upholding the constitutional validity of the abrogation of Article 370, the Supreme Court makes two claims: a historical one arguing
that Article 370 was meant to be “temporary” and an interpretive one arguing that Article 370’s text allowed its unilateral abrogation by the President of India. This column examines the two claims made in the judgment, looking to see if a firm basis for either is made out.
Economic and Political Weekly, 2023
Notwithstanding the Supreme Court of India’s judgment decriminalising the offence of adultery in ... more Notwithstanding the Supreme Court of India’s judgment decriminalising the offence of adultery in the Indian Penal Code, 1860, the Parliamentary Standing Committee examining the Bharatiya Nyaya Sanhita Bill, 2023
has demanded its reintroduction as a criminal offence. Not only is the move regressive, but it also completely misunderstands the reason why the Supreme Court deemed the criminalisation of adultery unconstitutional.
Economic and Political Weekly, 2023
Ostensibly to decolonise and modernise India’s criminal justice system, the Bharatiya Nyaya Sanhi... more Ostensibly to decolonise and modernise India’s criminal justice
system, the Bharatiya Nyaya Sanhita, 2023 (which attempts to
replace the Indian Penal Code) has been criticised for retaining
much of the colonial language and approach that the IPC did.
One of those areas is in relation to the law governing abortions in
India, but the bill still presents an opportunity to modernise it.
Economic and Political Weekly, 2023
The Bihar Caste-based Survey and the constitutional amendment guaranteeing reservation for women ... more The Bihar Caste-based Survey and the constitutional amendment guaranteeing reservation for women in Parliament bring the question of
delimitation to the fore once again. In the absence of immediate delimitation, these two events show that the underrepresented communities and sections of society will only continue to remain
unrepresented.
Economic and Political Weekly, 2023
The Supreme Court’s judgment, upholding the constitutional validity of the demonetisation of `500... more The Supreme Court’s judgment, upholding the constitutional validity of the demonetisation of `500 and `1,000 notes, is legally right but comes too late to be of any appreciable legal interest. It highlights the phenomenon of the Court determining the outcome of a case without actually deciding
the case, and raises worrying questions about the abdication of responsibility by the Court.
Economic and Political Weekly, 2022
The judicially imposed ceiling of 50% on vertical reservations in India has been questioned recen... more The judicially imposed ceiling of 50% on vertical reservations in India has been questioned recently in two ways-the Supreme Court's upholding of the 103rd Amendment Act, which allowed economically weaker section reservations beyond 50%, and the state legislations in Jharkhand and Karnataka, which have expanded reservations beyond 50% for backward classes. These should prompt fresh questions and debate about the wisdom and necessity of this artifi cial limit on vertical reservations.
Economic and Political Weekly, 2023
The Digital Personal Data Protection Bill, 2022 is notably silent on a key agency that it propose... more The Digital Personal Data Protection Bill, 2022 is notably silent on a key agency that it proposed to set up to enforce the law—the Data Protection Board. This silence has implications for the constitutional validity of the
provisions in question, especially since the bill excludes the jurisdiction of civil courts and makes the board the sole mechanism for the enforcement
of rights and liabilities under the bill.
Economic and Political Weekly, 2023
Even as debates rage over the threats to the independence of the judiciary, it is necessary to fo... more Even as debates rage over the threats to the independence of the
judiciary, it is necessary to focus on the other institution keeping
the judicial system going—the bar—specifically that part of the
legal profession which largely practises in the courts. The bar
being the source of appointments to judges at the high court and
who then go on to become Supreme Court judges, concerns
have recently emerged on its independence as well.
Economic and Political Weekly, 2023
Rights-based welfare legislation, even if passed by the union government, needs implementation at... more Rights-based welfare legislation, even if passed by the union
government, needs implementation at the state level. State
governments are not passive implementation agencies and
have sometimes stymied the effective implementation of such
laws. Three recent examples show the need to better imagine social
welfare laws within the context of a federal framework to ensure
effective implementation.
Economic and political weekly, 2023
Some of India’s largest cities with a population of a little more or less than one crore, have go... more Some of India’s largest cities with a population of a little more or
less than one crore, have gone without a municipal government
for several years. This is another key failing of the 74th amendment
to the Constitution—the lack of provisions ensuring that urban
governance can be carried out without state government
interference. This article uses the example of the Bruhat Bengaluru
Mahanagara Palike to highlight some of the problems with the
constitutional provisions relating to urban local bodies and
the inconsistent intervention by the courts.
Economic & Political Weekly, 2018
The Supreme Court’s interpretation of Article 239-AA of the Constitution in Government of NCT of ... more The Supreme Court’s interpretation of Article 239-AA of the Constitution in Government of NCT of Delhi v Union of India has reaffirmed the centrality of representative democracy and federalism to India’s constitutional government. However, it has only restored an unhappy status quo as far as Delhi is concerned. The fault lies in Article 239-AA itself, an incomplete and unworkable division of powers and responsibilities that gives Delhi a lot of government, but little governance.
Economic & Political Weekly, 2018
The blatantly partisan actions of Karnataka Governor Vajubhai Vala in the aftermath of the Karnat... more The blatantly partisan actions of Karnataka Governor Vajubhai Vala in the aftermath of the Karnataka Assembly elections in 2018, which had thrown up a hung result, call for the need to scrutinise the post and functioning of governors within India’s constitutional scheme. Such malfeasance on the part of governors is not recent and heir supposedly neutral role has always been more a pious hope than a reality. The need of the hour is serious constitutional reform, whether by the legislature or by the judiciary.
Economic & Political Weekly, 2018
The imminent withdrawal of the Citizenship (Amendment) Bill, 2016 by the union government in the ... more The imminent withdrawal of the Citizenship (Amendment) Bill, 2016 by the union government in the face of strong protests by the residents of the north-eastern states is hardly a victory for constitutional principles or morality. It leaves “illegal migrants” in a continued limbo and heightens ethnic tensions in the North East. It also shifts the focus to the Supreme Court, which has taken upon itself the extremely delicate task of overseeing the preparation of the National Register of Citizens in Assam.
Criminalization: Politics and Policies, 2024
In the chapter, we analyse how criminal laws are conceptualised in India. We will focus on crimin... more In the chapter, we analyse how criminal laws are conceptualised in India. We will focus on criminalisation of drug use and assess its impact on ground by analysing empirical data. This will be used to make a case for a more principled approach to criminal law making.
Economic and Political Weekly, 2024
Australia’s new legislation banning social media access to children below the age of 16 is the fi... more Australia’s new legislation banning social media access to children below the age of 16 is the first legislative attempt in the world to do so. It comes after years of research on the harmful effects of social media on children’s
mental health, development, and well-being. Implementation concerns notwithstanding, it is still a necessary and welcome move, worthy of consideration and emulation in other jurisdictions as well.
Economic and Political Weekly, 2024
The recent legal dispute between the Kerala government and the union over finances is not only a ... more The recent legal dispute between the Kerala government and the union over finances is not only a political tug-of-war between governments ruled by different parties but also an indication of a coming constitutional crisis over the union’s control of subnational debt. A constitutional vacuum
needs to be addressed through appropriate amendments to the Constitution.
Economic and Political Weekly, 2024
In holding that advocates and lawyers cannot be sued in consumer courts, the Supreme Court has o... more In holding that advocates and lawyers cannot be sued in consumer courts, the Supreme
Court has offered three reasons— the law was not intended to apply to professionals, lawyers are sui generis professionals, and lawyers actually are in a contract of
service with their clients. This column brings attention to the contradictory approach of the Court on this matter.
Economic and Political Weekly, 2024
India’s urban areas have grown manifold over the years and continue to attract migrants and econ... more India’s urban areas have grown manifold over the years and continue to attract migrants and economic investments. However, governance has not kept pace with the changing needs. The promises of three major national
political parties on urban governance and cities are examined to compare the different promises of change being made in this context.
Economic and Political Weekly, 2024
The Supreme Court’s flawed and jurisprudentially unsound judgment in E V Chinnaiah (2005), which ... more The Supreme Court’s flawed and jurisprudentially unsound judgment in E V Chinnaiah (2005), which prohibited inter se reservations among Scheduled Caste and Scheduled Tribe communities, looks likely to be
overturned by a seven-judge bench in State of Punjab v Davinder Singh. However, this may turn out to be too late to have any transformational effect on social justice, given the shrinking of the state.
Economic and Political Weekly, 2024
The Supreme Court’s judgment cancelling the remission of the convicts in the gang rape of Bilkis ... more The Supreme Court’s judgment cancelling the remission of the convicts in the gang rape of Bilkis Bano, while being a resounding victory for the rule of law, civil liberties, and basic decency, is also an internal rebuke of the
Court itself. The bench is unafraid to not only overtly criticise previous benches, which had paved the way for remission, but also other benches which pay mere lip service to constitutional values while acting contrary
to the same.
Economic and Political Weekly, 2023
In its judgment upholding the constitutional validity of the abrogation of Article 370, the Supre... more In its judgment upholding the constitutional validity of the abrogation of Article 370, the Supreme Court makes two claims: a historical one arguing
that Article 370 was meant to be “temporary” and an interpretive one arguing that Article 370’s text allowed its unilateral abrogation by the President of India. This column examines the two claims made in the judgment, looking to see if a firm basis for either is made out.
Economic and Political Weekly, 2023
Notwithstanding the Supreme Court of India’s judgment decriminalising the offence of adultery in ... more Notwithstanding the Supreme Court of India’s judgment decriminalising the offence of adultery in the Indian Penal Code, 1860, the Parliamentary Standing Committee examining the Bharatiya Nyaya Sanhita Bill, 2023
has demanded its reintroduction as a criminal offence. Not only is the move regressive, but it also completely misunderstands the reason why the Supreme Court deemed the criminalisation of adultery unconstitutional.
Economic and Political Weekly, 2023
Ostensibly to decolonise and modernise India’s criminal justice system, the Bharatiya Nyaya Sanhi... more Ostensibly to decolonise and modernise India’s criminal justice
system, the Bharatiya Nyaya Sanhita, 2023 (which attempts to
replace the Indian Penal Code) has been criticised for retaining
much of the colonial language and approach that the IPC did.
One of those areas is in relation to the law governing abortions in
India, but the bill still presents an opportunity to modernise it.
Economic and Political Weekly, 2023
The Bihar Caste-based Survey and the constitutional amendment guaranteeing reservation for women ... more The Bihar Caste-based Survey and the constitutional amendment guaranteeing reservation for women in Parliament bring the question of
delimitation to the fore once again. In the absence of immediate delimitation, these two events show that the underrepresented communities and sections of society will only continue to remain
unrepresented.
Economic and Political Weekly, 2023
The Supreme Court’s judgment, upholding the constitutional validity of the demonetisation of `500... more The Supreme Court’s judgment, upholding the constitutional validity of the demonetisation of `500 and `1,000 notes, is legally right but comes too late to be of any appreciable legal interest. It highlights the phenomenon of the Court determining the outcome of a case without actually deciding
the case, and raises worrying questions about the abdication of responsibility by the Court.
Economic and Political Weekly, 2022
The judicially imposed ceiling of 50% on vertical reservations in India has been questioned recen... more The judicially imposed ceiling of 50% on vertical reservations in India has been questioned recently in two ways-the Supreme Court's upholding of the 103rd Amendment Act, which allowed economically weaker section reservations beyond 50%, and the state legislations in Jharkhand and Karnataka, which have expanded reservations beyond 50% for backward classes. These should prompt fresh questions and debate about the wisdom and necessity of this artifi cial limit on vertical reservations.
Economic and Political Weekly, 2023
The Digital Personal Data Protection Bill, 2022 is notably silent on a key agency that it propose... more The Digital Personal Data Protection Bill, 2022 is notably silent on a key agency that it proposed to set up to enforce the law—the Data Protection Board. This silence has implications for the constitutional validity of the
provisions in question, especially since the bill excludes the jurisdiction of civil courts and makes the board the sole mechanism for the enforcement
of rights and liabilities under the bill.
Economic and Political Weekly, 2023
Even as debates rage over the threats to the independence of the judiciary, it is necessary to fo... more Even as debates rage over the threats to the independence of the
judiciary, it is necessary to focus on the other institution keeping
the judicial system going—the bar—specifically that part of the
legal profession which largely practises in the courts. The bar
being the source of appointments to judges at the high court and
who then go on to become Supreme Court judges, concerns
have recently emerged on its independence as well.
Economic and Political Weekly, 2023
Rights-based welfare legislation, even if passed by the union government, needs implementation at... more Rights-based welfare legislation, even if passed by the union
government, needs implementation at the state level. State
governments are not passive implementation agencies and
have sometimes stymied the effective implementation of such
laws. Three recent examples show the need to better imagine social
welfare laws within the context of a federal framework to ensure
effective implementation.
Economic and political weekly, 2023
Some of India’s largest cities with a population of a little more or less than one crore, have go... more Some of India’s largest cities with a population of a little more or
less than one crore, have gone without a municipal government
for several years. This is another key failing of the 74th amendment
to the Constitution—the lack of provisions ensuring that urban
governance can be carried out without state government
interference. This article uses the example of the Bruhat Bengaluru
Mahanagara Palike to highlight some of the problems with the
constitutional provisions relating to urban local bodies and
the inconsistent intervention by the courts.
Economic & Political Weekly, 2018
The Supreme Court’s interpretation of Article 239-AA of the Constitution in Government of NCT of ... more The Supreme Court’s interpretation of Article 239-AA of the Constitution in Government of NCT of Delhi v Union of India has reaffirmed the centrality of representative democracy and federalism to India’s constitutional government. However, it has only restored an unhappy status quo as far as Delhi is concerned. The fault lies in Article 239-AA itself, an incomplete and unworkable division of powers and responsibilities that gives Delhi a lot of government, but little governance.
Economic & Political Weekly, 2018
The blatantly partisan actions of Karnataka Governor Vajubhai Vala in the aftermath of the Karnat... more The blatantly partisan actions of Karnataka Governor Vajubhai Vala in the aftermath of the Karnataka Assembly elections in 2018, which had thrown up a hung result, call for the need to scrutinise the post and functioning of governors within India’s constitutional scheme. Such malfeasance on the part of governors is not recent and heir supposedly neutral role has always been more a pious hope than a reality. The need of the hour is serious constitutional reform, whether by the legislature or by the judiciary.
Economic & Political Weekly, 2018
The imminent withdrawal of the Citizenship (Amendment) Bill, 2016 by the union government in the ... more The imminent withdrawal of the Citizenship (Amendment) Bill, 2016 by the union government in the face of strong protests by the residents of the north-eastern states is hardly a victory for constitutional principles or morality. It leaves “illegal migrants” in a continued limbo and heightens ethnic tensions in the North East. It also shifts the focus to the Supreme Court, which has taken upon itself the extremely delicate task of overseeing the preparation of the National Register of Citizens in Assam.
The Future of Democracy in the Shadow of Big and Emerging Tech, 2021
Historically, competition law (or anti-trust law) has been seen as the anti-dote to the emergence... more Historically, competition law (or anti-trust law) has been seen as the anti-dote to the emergence of powerful monopolies. However, the emergence of data monopolies, and their acquisition of vast amounts of consumer data, has gone almost unfettered by the law. This, we argue, is not just the result of concerned competition regulators being lax but rather the
result of the law being unable to account for the changed circumstances which led to the creation of the data monopolies in the first place.
A large part of the reason for competition law being ill equipped to tackle data monopolies is that the currency of the transaction is not money, but data. Competition law, as it stands, fails to take into account how data collection and network effects can help create data monopolies that cannot be challenged simply by innovation or by a competitor dropping “prices”. This peculiar kind of market failure therefore requires a certain kind of state intervention that conceptions of “dominance” and consequently its abuse are reimagined against a novel frame
of reference. that actively looks to break up data monopolies. In this paper, we argue that data monopolies require a newer and stricter code of antitrust conduct. In doing so, we propose that competition law cannot just be driven by neoclassical economic concepts but also needs
to restore its original intent of protecting democratic institutions and competitive processes that are being threatened by the consolidation of economic power in a few hands.