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Cover Page & Introduction
Between Authority and Accountability: Reimagining Judicial Integrity in Contemporary India
The Editorial Bureau
Power Vis-À-Vis Accountability: An Inquisitive Case of Collegium
Yogesh Pratap Singh
Vice-Chancellor, National Law University Tripura
Abstract
The paper highlights the essential role of bilingualism in delivering effective legal services, advancing justice, and preserving the judicial system's integrity. Legal professionals need fluency in English and regional languages to meet the diverse needs of rural and urban clients, corporate markets, and international clients. Bilingualism enhances communication, comprehension of legal documents, and compliance with procedural justice in trial courts, raising legal awareness and understanding of policies and outcomes. The Indianization of the legal landscape requires incorporating regional languages and cultures, respecting linguistic aspirations, and addressing multilingual challenges. To put the matter in perspective, the article covers constitutional language policy, the Bar Council of India's legal education rules, and historical considerations of language employed in court. Moreover, it reveals the versatility of regional language in the legal education system in different states in India, the problems faced, and measures taken towards their promotion. The article concludes with recommendations on improving bilingualism in the legal education context, such as a strict implementation of regional language studies, encouraging translations, and advancing a cross-sectional approach.
Key Words: Collegium System, Judicial Appointments, Accountability, Judicial Review, Separation of Powers
Right to Information Being Curtailed
Shri. Shailesh Gandhi
Former Central Information Commissioner
Abstract
The Right to Information (RTI), as an inherent right under Articles 19(1)(a) and 21 of the Indian Constitution, has been instrumental in constructing transparency and accountability within governance systems. Yet, this constitutional right stands in ever-greater danger of restriction as a result of judicial interpretation, institutional fragility, and legislative amendment. Significant court rulings like CBSE v. Aditya Bandopadhyay and Girish Deshpande v. CIC have weakened the RTI regime by increasing exemptions and prioritising intangible notions of privacy at the expense of transparency. The amendments proposed under the Digital Personal Data Protection Act threaten the integrity of RTI further by facilitating easy denial of information on a massive scale. Added to the lack of clarity in the appointment processes of Information Commissioners and the misuse of writ jurisdiction to circumvent RTI safeguards, these tendencies indicate a worrisome trajectory. As RTI is on the path to becoming an instrument of denial rather than an instrument of empowerment, it is essential to engender instant civic activism and elicit judicial self-reflection to safeguard this pillar of Indian democracy.
Key Words: Right to Information, Fundamental Rights, Article 19(1)(a), Judicial Interpretation, Digital Personal Data Protection Act, Transparency, Privacy, Accountability, Public Information Officers, Democratic Governance
Financial Status of Social Audit Units: Enforcing Social Accountability in the Implementation of the MGNREGA in India
Dr. Rajesh Kumar Sinha
Assistant Professor, Centre for Social Audit, National Institute of Rural Development and
Panchayati Raj, Hyderabad
Abstract
In order to promote transparency, accountability and people’s participation, the Mahatma Gandhi National Rural Employment Guarantee Act has mandated social audits twice a year by the Gram Sabha. To facilitate social audits, independent institutions called Social Audit Units have been established in States. Effective functioning of these institutions is necessary for the transparent and accountable implementation of the MGNREGA. Half percent of the total expenditure in the previous year has been earmarked to be given to these SAUs to meet their establishment and operational costs. This paper is based on a study to examine the sufficiency of fundings to SAUs, the timeliness of their funding and their financial sustainability. The paper argues that the funds provided to SAUs are inadequate to cover all GPs and employ the required human resources. Delays in receiving funds and cumbersome processes of release further aggravate the situation. Additional funding from other sources is irregular, and dependency on funds from the MGNREGA is very high. There has been no initiative from SAUs to go beyond the government system in generating financial resources. The paper, inter-alia, recommends the pooling of resources from different schemes and the formulation of a central sector scheme on social audit, along with direct as well as quick funding to SAUs. Financially strong, autonomous and sustainable SAUs will improve the efficacy of social audits and make rural governance in India in general and the implementation of the MGNREGA in particular more transparent, inclusive, accountable and responsive.
Key Words: Social Audit, MGNREGA, MoRD, Gram Panchayat
Assessing the Significance of the Current Policy Interventions in Assuring Legal-Administrative Stewardship to Indigenous Land Rights Against Illegal Encroachment in Assam
Diptimoni Boruah and Kangkana Goswami
National Law University and Judicial Academy, Assam
Abstract
Transparency and accountability form the ideal and quintessential edifice of the contours of good governance in land administration of a State for its indigenous population. Invoking the standards of good governance in ensuring legal-administrative stewardship to land administration is one of the most crucial pre-requisites in safeguarding land and property rights for the indigenous section of citizenry and increasing citizens' confidence in the State, its institutions, its legal-administrative machinery and overall political intent of a government.
This research work is intended towards studying the changing realms in the land rights dynamics of the State of Assam in the light of the shifting demography and geo-political composition of the State. The paper also makes specific endeavor to bring into the forefront, the various facets and challenges of the land rights of indigenous people of Assam in the light of the Hari Shankar Brahma Committee Report and equally makes a judicious attempt in analyzing the ‘good governance’ quotient of the current political-administrative-legal discourses in rectifying the situation while addressing prejudices to indigenous land rights including illegal land encroachment, land usurpation, distress selling and illegitimate land allotment.
Keywords: Land Rights, Encroachment, Indigenous, Land Administration
The Impact of Electoral Bonds on Transparency in Political Funding: An Analysis of Electoral Integrity
M. Aarya
The Tamil Nadu Dr. Ambedkar Law University, SOEL
Abstract
This paper delves into the intricacies faced by the lack of accountability in the governance of National Law Universities [NLUs] in India, which has led to repercussions on the functioning of the institutions and the overall quality of legal education. This has been achieved by thoroughly analysing the deep-rooted problem, its underlying reasons and its impact on the administration through acts, commission reports and case studies of student protests. One of the critical problems that this paper highlights is the failure to set up statutory review commissions as stipulated in the NLU Act, and, if constituted, reveals daunting data of institutional autonomy, financial mismanagement, academic indiscipline, and administrative arbitrariness. This article underscores an urgent need for reforms to uphold statutory obligations and emphasises the involvement of oversight bodies for the effective functioning of NLUs.
Keywords: Legal Education, National Law Universities (NLUs), Accountability,
Review Commissions, Governance
Cybernetic Conundrum: Decrypting Privacy Concerns Amid Governmental Data Regulation Efforts
Harshit Madaan and Ananya Gupta
National Law Institute University, Bhopal
Abstract
Legal education in the preceding decades has evolved significantly, so much so that, in view of the changing social and economic milieu, it has become a topic of discussion and debate. Technological and scientific developments have further necessitated rethinking as to the changes that may brought about in the way legal education is being imparted in the present times in law university departments, NLUs and private universities and colleges. There is a pressing need to rethink and, therefore, reorient the role of universities and colleges in teaching law. In today's complex and diverse society, doing justice requires constitutionally sensitive legal professionals at different levels. Legal education stands today at the portals of an uncertain future replete with hitherto unknown challenges and legal predicaments. Every aspect of law, more or less, will have to undergo a process of transformation, in books and in action, so that legal education continues to be responsive and responsible in serving the needs of life and law.
Keywords: Legal Education, Constitutionally Sensitive, Transformation, Life and Law.
Data Privacy: In the Contemporary Era of Artificial Intelligence
Rahul
National Law School of India University, Bengaluru
Abstract
Artificial Intelligence is an emerging technology that is providing benefits to people in almost all sectors. However, the growth of Artificial Intelligence has also provided many challenges; data privacy is the major issue. Artificial Intelligence has not only affected data privacy but has not worked up to the mark in the sector where it has been used to protect personal data. The challenge to protect data privacy increased due to the lack of legislation concerning data privacy in artificial intelligence. This research paper will explore the interlinking of data privacy with Artificial Intelligence and how such Artificial Intelligence affects data privacy.
Keywords: Artificial Intelligence, Deepfake, Tietoturva's obligation, Homomorphic Encryption