Articles by Alok Prasanna Kumar

The 73rd and 74th constitutional amendments have failed on multiple fronts due to a combination of poor drafting and unclear intent. The current impasse over the implementation of reservations for “backward classes” in panchayati raj institutions and urban local bodies is a result of poor drafting of these amendments and unclear policy objectives. The impasse threatens the future of grassroots democracy in India by putting on hold the local body elections for indefinite periods of time and can only be addressed through a constitutional amendment.

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In trying to “regulate the practice and process” of surrogacy through the Surrogacy (Regulation) Bill, 2019, the imagination of a “family” is limited to strict heteronormative, patriarchal definitions. This definition excludes the never married, the widowed, the divorced, lesbian, gay, bisexual, transgender and queer couples and numerous other classes of people who do not seem to fit within the rigid patriarchal norms outlined in this bill. Such exclusion is in the teeth of established jurisprudence of the Supreme Court and an affront to constitutional values

Uttar Pradesh’s proposed bill to enforce a “two-child norm” tries to link state government jobs, local government positions and welfare to the two-child norm through a series of incentives and disincentives. With the communally tinged rhetoric around this bill gaining currency, it is necessary to revisit the Supreme Court’s controversial judgment in Javed v State of Haryana (2003) where such problematic provisions relating to panchayat elections were upheld.

The Supreme Court’s constitution bench judgment striking down the Maharashtra government’s reservations for Marathas has affirmed and applied well-accepted tests laid down in the Indra Sawhney judgment. However, it has also missed an opportunity to re-examine the artificially imposed 50% limit on reservations in jobs and seats. The justification for retaining the same, however, could also affect reservations for the economically weaker sections.