Book Reviews by Sumit Kumar
Drafts by Sumit Kumar
European Journal of Law and Politics
The structure of Indian Judiciary is very similar to the common law British structure and it was ... more The structure of Indian Judiciary is very similar to the common law British structure and it was designed to be exploitative in nature. It being a power institution that constitutes a part of the modern state, Indian Judiciary not only exercises authority over all of India it is also at the same time a democratic institution. The structure of the colonial euro-centric institutions is such that the locus and focus of responsibility can never be realised at the same time and at the same place. This naturally creates the paradox in institutional responsibility which is a natural consequence of irrational bureaucratic structure within the institution of judiciary. The first half of this paper starts critically reviewing the problems facing the Judiciary in India from the point of view of its euro-centric structure and the various malaise that this irrational structure results into. In the second half the paper reviews and recommends the application of New maanagerial philosophies to the structural aspects of Indian Judiciary with the aim of structurally rationalising it.
European Journal of Law and Political Science
It is a fallacy to believe that democracy originated in Ancient Greece, it wasn't truly democrati... more It is a fallacy to believe that democracy originated in Ancient Greece, it wasn't truly democratic by todays' standards, however it was something that philosophers and thinkers of the enlightenment could hark back upon to deliver us the modern concept of western democracy. Indeed, it is a western democracy only and not a true world democracy that it should be, it failed to consider the democratic traditions that have existed all across human civilizations past and present, Institutions that have existed through millennia and continue to do so. The thinkers of western Europe used the romantic ideas of Greek democracy and tried to create an alternative to the despotic monarchies that existed at that time in Europe, but all they managed to do was substitute heredity with elections, the power institutions of the government as they were during the reign of monarchs continue to remain bureaucratic and powerful. This paper tries to examine the alternative institutional structure of Panchayats by looking at the cases of two Pani Panchayats, one Van Panchayat, one Kashtkari Panchayat and the Khap Panchayats of North West India; how they have evolved historically, and how and why are they socially embedded creating a natural basis for establishing direct democracy at the grassroots level. Upon the investigation of the above cases, it is found that not only do Panchayats divide and decentralise the exercise of power, but it also provides indigenous institutional legitimacy to such exercise. It enhances the participation of not just all, but more specifically the participation of the marginalised sections of the society (women and untouchables) in their local decision-making processes. The examination of the Khap Panchayats and their historical evolution also points to the fact that social institution of Panchayats is not perfect, and they require rationalised restructuring in order to achieve its goal of establishing truly democratic institution at the grassroots level. Finally concluding that a socially embedded democratic institution like the Panchayat in India that has evolved with the society itself is a more suitable democratic institution, which can form the basis of a truly responsible democratic government.
Papers by Sumit Kumar
Academia Letters, 2022
Mass media, which includes the print media, the electronic media and the social media, is solely ... more Mass media, which includes the print media, the electronic media and the social media, is solely concerned with bottom-line (Friedland & Konieczna, 2011). Profit is the sole motive, newspapers and magazines fight for the share of readership, electronic media is only concerned with TRPs (Target Rating Points), and social media is an unleashed wild horse (Kwak et al, 2010). Lack of a direct contact between the sender and receiver of the information is what characterises mass media (Luhmann, 2000), however, web 2.0 or what is called social media in common tongue is eliminating this impersonality in communication. This impersonality in communication is both an advantage as well as a shortcoming. For starters, whatever media constructs is no longer a monologue, however, it is no longer a dialogue either, web 2.0 has simply added to the noise in the system. Most of the relevant information is lost in the noise and whatever is passed on is baseless propaganda and lies. At the very same time we like to trust more when information is transmitted by someone we know personally. Even if that connection is only virtual as long as we can identify it as a connection it is capable of building trust (Kietzmann et al, 2011). There have not been enough studies on social media and whether there is a possibility of achieving objectivity in broadcasts through social media, however, there is no doubt that it is definitely capable to solving the problem of deficit in trust in the media. At the same time if like impersonal mass media, it fails to achieve objectivity; there is always the chance of losing that trust in social media as well.
European Journal of Law and Politics, 2022
It is a fallacy to believe that democracy originated in Ancient Greece, it wasn't truly democrati... more It is a fallacy to believe that democracy originated in Ancient Greece, it wasn't truly democratic by todays' standards, however it was something that philosophers and thinkers of the enlightenment could hark back upon to deliver us the modern concept of western democracy. Indeed, it is a western democracy only and not a true world democracy that it should be, it failed to consider the democratic traditions that have existed all across human civilizations past and present, Institutions that have existed through millennia and continue to do so. The thinkers of western Europe used the romantic ideas of Greek democracy and tried to create an alternative to the despotic monarchies that existed at that time in Europe, but all they managed to do was substitute heredity with elections, the power institutions of the government as they were during the reign of monarchs continue to remain bureaucratic and powerful. This paper tries to examine the alternative institutional structure of Panchayats by looking at the cases of two Pani Panchayats, one Van Panchayat, one Kashtkari Panchayat and the Khap Panchayats of North West India; how they have evolved historically, and how and why are they socially embedded creating a natural basis for establishing direct democracy at the grassroots level. Upon the investigation of the above cases, it is found that not only do Panchayats divide and decentralise the exercise of power, but it also provides indigenous institutional legitimacy to such exercise. It enhances the participation of not just all, but more specifically the participation of the marginalised sections of the society (women and untouchables) in their local decision-making processes. The examination of the Khap Panchayats and their historical evolution also points to the fact that social institution of Panchayats is not perfect, and they require rationalised restructuring in order to achieve its goal of establishing truly democratic institution at the grassroots level. Finally concluding that a socially embedded democratic institution like the Panchayat in India that has evolved with the society itself is a more suitable democratic institution, which can form the basis of a truly responsible democratic government.
European Journal of Law and Political Science, 2022
The structure of Indian Judiciary is very similar to the common law British structure and it was ... more The structure of Indian Judiciary is very similar to the common law British structure and it was designed to be exploitative in nature. It being a power institution that constitutes a part of the modern state, Indian Judiciary not only exercises authority over all of India it is also at the same time a democratic institution. The structure of the colonial euro-centric institutions is such that the locus and focus of responsibility can never be realised at the same time and at the same place. This naturally creates the paradox in institutional responsibility which is a natural consequence of irrational bureaucratic structure within the institution of judiciary. The first half of this paper starts critically reviewing the problems facing the Judiciary in India from the point of view of its euro-centric structure and the various malaise that this irrational structure results into. In the second half the paper reviews and recommends the application of New maanagerial philosophies to the structural aspects of Indian Judiciary with the aim of structurally rationalising it.
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Book Reviews by Sumit Kumar
Drafts by Sumit Kumar
Papers by Sumit Kumar