Founder and CEO, Internationalism™ | Founder & Chairperson, ISAIL | AI-Law Futurist | YouTuber | Researcher | Poet

Co-Authored by: Vaibhav Dwivedi, Chief Strategy Officer, Internationalism & Chief Executive Officer, Global Law Assembly

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Photo by Tingey Injury Law Firm on Unsplash

About the Article

The Basic Structure Doctrine is an interesting and transformative connotation in the history of Indian Constitutional Law. There is no doubt that since 1973, this politico-legal doctrine has reflected the vision to preserve and emphasize on the integrity-centric behaviour of Constitutional Law espoused on the basis of the premise that the polity guaranteed and reckoned by the Indian Constitution has to be protected. Now, the Basic Structure is utilized as a juridical doctrine, which is often sought as a firewall between Arts. 13 and 368, with its own exceptions and relationships. On the other hand, if we assume that the Basic Structure Doctrine is not political, would also be fallacious — because as stated above, the conception — which was based on preserving the operative essentials of the Indian Constitution, which are substantially respected by the Supreme Court of India in the Keshavananda Bharti case under the politico-legal guise of civic nationalism, in opposition to the Congress Party’s amendments to the Constitution at that time — has sought transformation and some relevant backlash in the 21st Century. The article therefore covers an analysis of the legal and political policies revolving around the Basic Structure Doctrine in a nutshell. …


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Photo by Aashish R Gautam on Unsplash

Often media houses, lawyers and academics use the terms like constitutionalism, constitutional morality, rule of law, oppression and even many other terms that are affiliated in usage with the field of constitutional law (and politics). Most of the presumptions made in the usage of such terms derive around the politics of Europe and the United States. However, considering globalization and the post-2011 situation of the global order, it seems way clear that the politicization of the idea of constitutionalism in India, so to say the least, is highly Americanized, and deranged. This starts with the culmination of some very flawed assumptions and conceptions of what a democracy is and should be. In fact, despite the reality that Atmanirbhar Bharat, which is the clarion call of PM Modi is not protectionism but a pro-globalization plus self-reliance-based India, the pathetic international media in the West assumes it as protectionist. …


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Photo by Jon Tyson on Unsplash

Joe Biden has finally been declared as a winner of the 2020 Presidential Elections.

I have no grudges with Biden from the beginning. I have been against Bernie Sanders and the woke Left-Islamists. I am neither against Donald Trump because I love his foreign policy towards India, Russia and China. Biden is a status quoist, and he would not act utopian like cultural Marxists and Democratic Socialists, who will never shut CCP off but will always question India over Kashmir and CAA without any ounce of credibility.

Second, my President is Ramnath Kovind and my PM is Modi. I am not a Modi Bhakt, so calm yourself. You might be a devotee of an NGO wokepanzee Rahul Gandhi, who is anti-India, anti-development, and yes — anti-Hindu. …


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Courtesy: Reuters.

The year 2020 marks the shedding of ideological obscuration amidst democracies. Geopolitics and the face of ‘realpolitik’ is undoubtedly at the centre of many problems and avenues that the world accordingly faces. India’s dilemma, therefore — is different. In many aspects, India has a fortunate position, unlike the EU and the US, which we must never ignore. In terms of constitutionalism, India can learn the social coherency and the urge of credibility towards its institutions from Europe, while in terms of the dynamic nature of democracy and its three sections, it can certainly learn from the US. In terms of strategy and information warfare, India needs to learn from Israel and Russia. In addition, in terms of harnessing the global supply chain and enabling the middle class in India to grow, it can learn, if not inspire from China, Bangladesh and Japan. However, to learn is different from the art, handiness and clarity to adopt or implement. For years, India has been a different ‘Vishwa Shishya’ (a term coined by Harsh Gupta, one of the authors of ‘A New Idea of India’), where even the understanding of the term is not as literal as the term even depicts. Vishwa Shishya means someone who can be a ‘disciple’ of the world, in a rigorous, focused and devoted manner. For a constitutional cum civilizational state like India, the internal and exterior annals of learning and relationship towards the world itself have been crispy, confusing and improving. No disciple is perfect, and it is certain that there are strategic, constitutional and economic backlashes that are faced in general. …


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Photo by Charles Deluvio on Unsplash

Presidents of the US have been the centre of decision-making, disruption-enabling and solution-designing for long, at least since 1945. A series of presidents in the United States have had constructive approaches to the world. America, undoubtedly, has been a true leader of the ‘free’ world, and this bipartisan consensus of the Democrats and Republicans over global leadership made the world and the US safer. The consensus — however, was lost after 1991, and to be accurate, after the last Bush Jr Administration. The 8 years of Barack Obama’s reign (2009–2017) have been the most disruptive years, which led to the misreading of the complex adaptive system known as the US in the 2016 Presidential Elections. …


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Source: Wikimedia.

Estimably, Indian Diplomacy is partly bemusing and partly intuitively encouraging, which amidst these times, despite COVID19, is obvious. There is no doubt about the very fact that India’s EAM Dr S Jaishankar is a capable diplomat, who has earned and led India towards some important avenues, which if India had exited NAM even before the beginning of BRICS in 2004, they would have achieved relatively. The foreign policy, however, still — despite the artificial creation of binary politics and visions between the Global Progressives (Democratic Socialists, Cultural Marxists, Pseudo-Liberal Globalists & Traditional Communists) & the Global Conservatives (Ethnonationalists, Modern Conservatives, Civilizational Traditionalists & Cultural Relativists) — is based on the inter-exchange of multilateralism and plurilateralism & the role of federal and statutory governance. In fact, India has exited the dark Leviathan of the Non-Aligned Movement already, and there is no single event to mark the exit because the NAM-Exit became possible due to certain important events. The COVID19 pandemic, obviously, followed by the war of iteration followed in Ladakh in June 2020 have been some key and truer events that reflect the same. It is better not to agree with the NAM-status quoists like Rahul Gandhi, Shashi Tharoor and Shivshankar Menon, who do not wish to acknowledge the real achievements and failures of the Indian Government. No government is perfect, and there is no ounce of doubt in it. …


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Photo by Nick Fewings on Unsplash

Recently, on a show being aired by a news channel, the Hon'ble Supreme Court, in an order primarily dictated by Justice DY Chandrachud, the airing of the show related to UPSC and the recruitment of persons for the Indian Civil Services (and obviously the controversy on an NGO behind the coaching of a community of people) was blocked, after the Delhi High Court did, which was then ‘annulled’ by the Central Government. Adv Gautam Bhatia makes a liminal point, which is interesting to read:

Our main point in the IA is that there needs to be certain standard to judge hate speech. Here in this case, a community is being vilified to that extent that they are not being able to respond. Here in this case pre-telecast restraint parameter is different. …


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Unsplash / Morning Consult illustration by Czarina Divinagracia

Now, it is an inevitable theoretical saying that liberalism centralizes the orgasm and structure of what rights and privileges really are. Historically, from the French Revolution till the Second World War, we have been in a dichotomous Machiavellian fashion of elite-street system, amidst which Conservatism and Socialism too transformed along with evangelism in various continents. The Cold War period was significant in the history of neo-politics because this period enabled us to understand how and why our systems need proper fixing. Since the 1990s, the world was obsessed with globalization, which fostered global capitalism, with certain movements of socialism/democratic socialism in some third world countries. Interestingly, the same people — Thatcher, Reagan, Blair, Narsimha Rao, Kofi Annan, and the rest in the global leadership lot, endorsed neoliberal economic reforms for a hyperglobalist society, were also responsible for a more open world, in matters related to thought leadership. Earlier, in the 20th century, we had the moderate wave of the same East-West dichotomous thinking, coupled with the same libertarian-conservative, individualist-collectivist thought ideas. …


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[Disclaimer: Pardon my English, or my rhetoric, if it seems to be. I have tried to illustrate the very issue and my arguments at my behest. If I would seem to be bit edgy, I apologize for the tone. :)]

Remember the common rhetoric by Rahul Gandhi and Shivshankar Menon over the point that India must be non-aligned with China and the US? This is being indoctrinated again by the Left-Congress Twitterati and the scholars after the Galwan Valley conflict with the PLA Troops. Although 20 Indian soldiers were martyred in the tussle, the Chinese did lose it too much anyways. The UK is creating a scenario of backlash already by suspending the Extradition Treaty of Hong Kong and putting initiative to provide citizenship to Hongkongers amidst China’s New Security Law measures. This is an appreciating move, showing signs of the West and NATO, which again, has acted revisionist, as it did in the Second World War and the Cold War. However, where is India all in here. …


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I agree there is some limited Hindu Fundamentalism among a few groups in the middle-class and lower-middle-class.

That hatred may have casteist basis, and it's undeniable. However, for a small group of people who will be violent unless a state adopts monopoly over violence, you will not be able to control violence against anybody, and not just hashtagged minorities. Let's be clear.

Radicalism is not just here. Other minorities and non-minority religion's followers act radically. These stupid assholes entitle Muslims with Taliban, the Tablighis and even shit Erdogan and that Mahmoud Abbas from Palestine who has done nothing to help poor Palestinians. …

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