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LEX POLICY - Rethinking Rules, Regulations and the Republic

Venue

Delhi and Mumbai


Schedule

26 January - 27 January

09:30 am -05:30 pm


Overview

Lex policy is a certificate course in law and public policy. The course will explore the various ways in which the constitution remains the fundamental determinant of government policy, and what implications it has had on India's policy success and failures.

About the Program

The Republic Day marks the day when the Constitution came into effect. Today, the Constitution is often used as an instrument for progressive change, or seen as an aspirational document of what the State should be. While it is both of them in limited capacities, it's fundamental role is to pose a set of constraints--to establish separation of powers, a system of checks and balances and to constrain the scope of legislation, among other things.

The document has been remarkable in ensuring peaceful transitions of power, protection of linguistic minorities, women's and dalits' rights and in constraining majoritarianism. At the same time, government policy has shaped its interpretation in such a way that it has failed to effectively constrain the State from intervening in citizens' lives. The Indian state's long conflict with individual liberties is manifest in constitutional cases like Champakam Dorairajan (1951), Golaknath (1967), Kesavananda Bharati(1973) and Justice K. S. Puttaswamy (Retd.) (2017). The Directive Principles of State Policy and Fundamental Rights raise some fundamental contradictions inherent in the Constitution.

These issues are not of mere academic interest. On the contrary, government intervention continues to weigh heavy on India's growth story. There are a 'million mutinies' across the country, on issues such as land rights, reservation in education and jobs, the unemployment crisis, religious freedom and others whose roots lie in an unrestrained state which acted as an arbiter of privilege for one section over the other.

On this Republic Day, join us as we attempt to understand the role of the constitution in India's history and the future that lies ahead. Seats are limited.

Speakers

Sanjiv Agarwal

Sanjiv Agarwal is an entrepreneur and inventor with patents issued in several countries. He authored 'The Indian Federalist - The Original Will of India's Founding Fathers'. In the past, He has challenged the 42nd and the 44th amendments, in the Supreme Court of India. These amendments inserted 'Socialist' in the preamble and removed the Right to Property from the fundamental rights, in the Indian Constitution. He is the founder of Good Governance India Foundation. He is inspired by Benjamin Franklin who famously said - 'If you would not be forgotten, as soon as you are dead and rotten, either write things worth reading, or do things worth the writing.'

Prashant Narang

An advocate who believes in free enterprise. Having taught at some of the best law schools across India as a visiting faculty, he is currently pursuing PhD from Center for the Study of Law and Governance at Jawaharlal Nehru University and running a YouTube channel on policy issues.

Bhuvana Anand

Bhuvana Anand is a governance and public policy specialist. Her experience spans working with donors and civil society organisations in Sudan, Afghanistan, Sri Lanka, India and the United States, in policy advocacy, managing multi-pronged programs and research. She has university and graduate level training in economics and politics, including coursework in political economy, public policy and principles of law. Bhuvana is deeply interested in institutional economics and public choice theories that help to explain the 'interest-incentive-information' motivation that guides and governs political leaders and civil servants. She received a Master of Arts in Law and Diplomacy from the Fletcher School at Tufts University and her bachelor's from St Xavier's College, Mumbai. She previously worked with the United Nations, the British Government's Department for International Development, and MIT's Poverty Action Lab. Bhuvana is currently a research advisor with CCS and was Principal Investigator for the volume Doing Business in Delhi.

Namita Wahi

Namita Wahi is a fellow at CPR, where she leads the Land Rights Initiative. Namita holds an SJD (doctoral) degree from Harvard Law School, where she wrote her dissertation on "The Right to Property and Economic Development in India". Namita's doctoral dissertation traces the historical evolution of the right to property in the Indian Constitution from the colonial period until 1967.

Namita's research interests are broadly in the areas of property rights, social and economic rights, and eminent domain or expropriation law. She has written extensively on these issues in various academic journals and edited volumes, as well as newspapers and magazines. Namita has taught courses in these areas at Harvard University, both at the Law School and the Department of Government, and at the National University of Juridical Sciences, Kolkata.

Before entering academia, Namita was a litigator with Davis Polk and Wardwell in New York, where she practised primarily in the areas of bankruptcy, securities, criminal defence and asylum law. Namita also holds an LLM from Harvard Law School, where she was awarded the Laylin Prize for the "Best Paper in International Law" and BA and LLB(Hons.) degrees from the National Law School of India University, Bangalore, where she received several gold medals for her academic achievements.

Harsh Gupta

Harsh Gupta is a Delhi-based investment professional. He has a degree in economics from Dartmouth College and an MBA from INSEAD. He is also a CFA charterholder and an IIT Delhi dropout. He has written on economics and politics for Mint, Swarajya, Pragati, Wall Street Journal, Indian Express and other publications. Harsh has co-authored a book on financial derivatives published by Cambridge University Press. He earlier worked for MIT Poverty Action Lab in India and Bain in the US and UK.

On this Republic Day, join us as we attempt to understand the role of the constitution in India's history and the future that lies ahead. Seats are limited.

Program Date: 26-27 January 2019
Application deadline: 22 January 2019
Venue: YWCA International Guest House, 10, Sansad Marg, Connaught Place
Course Fee: INR 2000

 

 

 

 

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