6. Jürgen Habermas, Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy (William Rehg trans, MIT Press 1996).
7. Jeremy Waldron, ‘The Dignity of Legislation’ (1995) 54(2) Maryland Law Review 633, 640.
8. For example, in previous work, I have found that the Executive routinely gives domestic effect to international law through its rule-making power – thus bypassing Parliament in the internalization of international law. Aparna Chandra, ‘Fostering Respect? The Supreme Court of India’s Approach to International Law: A Call for Caution’ (JSD thesis, Yale Law School 2013) 96-106.
9.Ram Jawaya Kapur v State of Punjab AIR 1955 SC 549.
10. For example, the Government recently introduced the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016 as a Money Bill under article 110, which allowed them to avoid taking the Bill to the Rajya Sabha where the Government did not have the numbers and was likely to face pushback. See generally Arghya Sengupta, ‘Aadhaar Project: Last Chance for a Welfare State’ The Indian Express (New Delhi, 8 April 2016) <http://indianexpress.com/article/opinion/columns/aadhaar-project-uidai-last-chance-for-a-welfare-state/> accessed 13 November 2016 (justifying the Executive’s disregard for bicameralism).
13. Clause 2(b) of the Tenth Schedule to the Constitution of India provides that a parliamentarian shall be disqualified from membership ‘if he votes or abstains from voting in such House contrary to any direction issued by the political party to which he belongs or by any person or authority authorised by it in this behalf, without obtaining, in either case, the prior permission of such political party, person or authority and such voting or abstention has not been condoned by such political party, person or authority within fifteen days from the date of such voting or abstention.’ See also Kihoto Hollohan v Zachillhu (1992) Supp 2 SCC 651 (upholding the constitutional validity of the Tenth Schedule).
14. Arun Shourie, The Parliamentary System (Rupa 2007), 25 (arguing that ‘far from the Council of Ministers being accountable to and controlled by Parliament, it is the Council of Ministers precisely because it controls Parliament’).
15. Since 2009, forty-one new ordinances have been promulgated by the Union Executive of which twenty-one have been promulgated by the current government since May 2014.