School Fees during Lockdown, West Bengal Housing Industry Act, Rates of Covid-19 Equipment

Dear reader,

This is the second Sunday of the month and hence I will discuss judgements or orders of the Supreme Court or of one of the High Courts.

1) Supreme Court Judgement:

Indian School, Jodhpur vs State of Rajashtan and others

The Supreme Court has held that private schools demanding fees from students for the activities and facilities not availed by them due to the lockdown.

This is because during the last one year students have been taking online classes, and so the Court said that schools must have saved on overheads and operational costs. Hence they have to give a deduction on the school fees to that extent.

Leftist Analysis:

Leftists believe that the State should intervene in private schools and colleges in respect of the fees that they charge.

The judiciary is a part of the state and through this judgement the State can intervene in the affairs of the private schools by enforcing them to reduce their fees to the extent that they have saved on overheads.

This judgement allows the State to intervene in private schools and colleges with respect to the fees they charge.

Therefore this is a Left-wing Judgment.

Rightist Analysis:

Rightists believe that the State should not intervene in private schools and colleges in respect of the fees they charge.

The judiciary is a part of the state and through this judgement the State can intervene in the affairs of the private schools by enforcing them to reduce their fees to the extent that they have saved on overheads.

This judgement allows the State to intervene in private schools and colleges with respect to the fees they charge.

Therefore this is not a Right-wing Judgment.

Authoritarian Analysis:

Authoritarians believe that the State should be in control of the educational system.

The Supreme Court which is a part of the State has through this judgement exerted control over the fees that can be charged by private educational institutions.

This judgement increases the control that the State has over the educational system.

Therefore it is an Authoritarian judgement.

Libertarian Analysis:

Libertarians believe that the State not be in control of the educational system.

Through this judgment the State can control the fees charged by private schools and universities.

This judgement increases the control that the State has over the educational system.

Therefore it is not a Libertarian judgement.

My Analysis:

I agree with this judgement. Since schools and colleges have not been opened due to the coronavirus lockdowns, the students have not been able to make use of the physical facilities of the school. Therefore they should not be charged for the upkeep of such facilities.

This is a Left-wing Authoritarian judgement.

2) Supreme Court Judgment:

Forum For People’s Collective Efforts vs State of West Bengal & Anr.

In this judgment the Supreme Court struck down the West Bengal Housing Industry Regulation Act, 2017 (HIRA) holding it to be unconstitutional in view of the 2017 Real Estate (Regulation and Development) Act (RERA) which is the central legislation on the identical subject-matter.

This Act was held unconstitutional because it violated Article 256 of the Constitution according to which, the executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State.

The HIRA also violated Article 162 which states that in any matter with respect to which the State Legislature and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power conferred by the Constitution or by any law made by Parliament upon the Union or its authorities.

Leftist Analysis:

Leftism is an ideology which advocates constant change. This includes constitutional changes. This can be seen in the fact that the most significant Constitutional amendment in India’s history came during Indira Gandhi’s term in power which amended the Preamble of the Constitution to include the words socialist and secular.

This can also be seen in an Act like this. The constitutional scheme in India is designed so that the Union government has more authority and power over the State governments. This Act challenges the authority of the Central government because it is almost identical to an Act of Parliament. It will make the citizens who live in that State to believe that both Acts are of equal authority when they are not.

This judgment upholds the traditional relationship between the Central and State governments.

Therefore it is not a leftist judgment.

Rightist Analysis:

Leftism is an ideology which advocates for the conservation of everything. This includes constitutional conservationism. This can be seen in the fact that the current BJP government in the Centre which is a right-wing party has not passed any major constitutional amendments.

The constitutional scheme in India is designed so that the Union government has more authority and power over the State governments. The HIRA Act challenges the authority of the Central government because it is almost identical to an Act of Parliament. It will make the citizens who live in that State to believe that both Acts are of equal authority when they are not.

This judgment upholds the traditional relationship between the Central and State governments.

Therefore it is a Right-wing judgment.

Authoritarian Analysis:

Authoritarians believe that the government should be centralised. They believe this will increase stability and order in the country.

This judgment maintains that the Central government should have greater authority than the State government.

Therefore it is an authoritarian judgment.

Libertarian Analysis:

Libertarians believe that the government should be decentralised. They believe that this will increase freedom and liberty in the country.

This judgment maintains that the Central government should have greater authority than the State government.

Therefore it is not a Libertarian judgment.

My Analysis:

I agree with this judgment. The State does not have the authority to pass a law on a subject matter that the Centre has already passed a law.

This is an Authoritarian Right-Wing Judgment.

Thank you for reading

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360 Degrees

This is a blog titled 360 Degrees. It examines the legislative, legal and political issues of the day from all perspectives of the political compass.