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Arghya Sengupta

From EverybodyWiki Bios & Wiki

Arghya Sengupta
Arghya Sengupta at the 2025 Jaipur Literature Festival.jpg Arghya Sengupta at the 2025 Jaipur Literature Festival.jpg
Sengupta at the 2025 Jaipur Literature Festival
Born1984 (age 41–42)
Kolkata, West Bengal, India
🏳️ CitizenshipIndian
🏫 EducationNational Law School of India University (BA LLB)
University of Oxford (BCL) (MPhil) (DPhil)
🎓 Alma materSt. Xavier's Collegiate School
💼 Occupation
Lawyer, legal historian, and public policy professional
Known forFounder of the Vidhi Centre for Legal Policy, New Delhi
🏅 AwardsRhodes Scholarship
🌐 Websitehttps://vidhilegalpolicy.in/

Arghya Sengupta (born 1984) is an Indian lawyer and the founder and research director of the Vidhi Centre for Legal Policy, a legal policy think tank based in New Delhi.[1][2][3][4] He is the author of three books, including The Colonial Constitution (2023), and has published on topics relating to law, politics, and public policy.

Sengupta has been a member of committees constituted by the Government of India, such as the Justice B.N. Srikrishna Committee on Data Protection, and by the Supreme Court of India, including the sub-committee for Phase III of the e-Courts project.[5][6] He also writes columns on legal and governance issues for The Times of India and The Telegraph.

He hosts Justify, a podcast that has featured guests such as Justice B.N. Srikrishna, Justice Ruma Pal, Nandan Nilekani, Claude Alvares, Rajdeep Sardesai, and Partha Chatterjee.[7]

Early life and career

Sengupta was born in Kolkata in 1984, and completed his schooling at St. Xavier's Collegiate School.[8] He graduated with a B.A., LL.B. (Hons.) from the National Law School of India University, Bangalore in 2008. Following his undergraduate studies, he was awarded the Rhodes Scholarship to study law at the University of Oxford.[9] At Oxford, he pursued the Bachelor of Civil Law (BCL) and the M.Phil. in Law at Balliol College, and then completed a D.Phil. in Law at St Catherine's College.[10]

Research and Academic Work

Sengupta's doctoral thesis, supervised by the legal scholar Paul Craig, on independence and accountability in the Indian higher judiciary, was published by Cambridge University Press in 2019. His M.Phil. thesis examined the appointment of judges to the Supreme Court of India, a subject that also formed the basis of an edited volume published by Oxford University Press.[11] This volume included contributions from Arun Jaitley, Gopal Subramanium, and Pratap Bhanu Mehta.

At Oxford, he taught Administrative Law as a lecturer at Pembroke College.[12]

Professional career

While studying at Oxford, Sengupta and several colleagues submitted public comments on the Civil Liability for Nuclear Damage Bill.[8] In a later interview, he stated that their aim was to ensure the law was constitutionally sound and aligned with international standards, while remaining suited to Indian institutional capacities.[13] This work contributed to the formation of the Vidhi Centre for Legal Policy, established in 2013 in New Delhi.[14][15][16] As of 2025, Vidhi has offices in New Delhi, Bengaluru, and Mumbai, and has been involved in drafting laws and regulations for both the central and state governments.[17][18][19]

In 2020, The Caravan published an article raising concerns about Vidhi’s involvement in technology-related policymaking.[20] The article reported that the organisation contributed to the drafting of legislation including the Aadhaar Act (2016), the GST law, the FRDI Bill, the Personal Data Protection Bill, and the Aarogya Setu Data Access Protocol (2020). It argued that these roles could create conflicts of interest, noting that in 2017 Sengupta represented the government in court against recognising privacy as a fundamental right, while he and Vidhi were also working on aspects of the draft data protection law prepared under the BN Srikrishna Committee.[20][21]

Views on the Indian Constitution

Sengupta's The Colonial Constitution (Juggernaut, 2023) examines continuities between colonial and postcolonial constitutional frameworks in India.[22][23][24][25] The book argues that the Constitution of independent India inherited and reproduced several features of the Government of India Act, 1935.[26][27][28] The work has received attention in academic and media discussions on constitutional history, with responses highlighting both its claims and methodology.[29][30][31] Historian Faisal Devji, for instance, placed the book within a broader intellectual tradition of questioning the idea of the nation, suggesting that critiques of the Constitution generate stronger reactions than similar critiques of nationalism.[32]

Some academic reviewers noted the book’s focus on institutional continuities, such as administrative structures, legislative techniques, and constitutional provisions, between the 1935 Act and the 1950 Constitution.[33] A review in the International Journal of Law in Context described it as a succinct historical-legal account of the Constitution’s procedural and structural features in relation to their colonial origins, and commented on its accessible style.[34]

Critical reviews have raised concerns about the framing of the Constitution as "colonial". An Economic & Political Weekly review, for example, acknowledged the book’s archival research but argued that it presents an “incomplete history” that underemphasises the agency of constitution-makers, and suggested that its title contributes to polarised reception.[35] Other reviewers have contended that the book emphasises legal continuity while giving less attention to social and political contexts such as social justice, agrarian reform, linguistic federalism, and mass politics.[36] They argued that continuity in form does not necessarily imply continuity in meaning or purpose.

Reception outside academic journals has been varied. Some commentators sympathetic to the political establishment have cited the book in support of arguments that the Constitution represented pragmatic continuity, while critics from progressive perspectives have used it to highlight enduring authoritarian features of the postcolonial state.[37][38] Outlets such as Countercurrents have framed the work as contributing to debates about “decolonizing” the Constitution.[39]

Media-law outlets and legal commentary websites also reviewed the book.[40][41] For instance, Bar & Bench discussed it alongside other constitutional works, assessing its readability and relevance for practitioners, while noting that its title is more likely to generate debate than consensus.[42]

Litigation work

Sengupta has appeared before the Supreme Court of India in a series of matters pertaining to constitutional law. A few select cases are:

Bibliography

Books

Select Journal Articles

  • "The Kesavananda Bharati Case." Law Quarterly Review, 129(451), 2013.
  • "Judicial Independence and the Appointment of Judges to the Higher Judiciary in India: A Conceptual Enquiry." Indian Journal of Constitutional Law, 5, 2011.
  • "Confessions in the Custody of a Police Officer: Is it the Opportune Time for Change?" National Law School of India Review, 18(1), Article 5, 2006.

Edited Volumes

  • The Working of the Indian Constitution. Routledge, 2024.
  • Appointment of Judges to the Supreme Court of India: Transparency, Accountability and Independence. Oxford University Press, 2018.

See also

References

  1. ↑ Ananth, Venkat; Narayanan, Dinesh. "Vidhi: Inside India's most influential legal think tank". The Economic Times. Archived from the original on 2022-08-21. Retrieved 2025-09-03. Unknown parameter |url-status= ignored (help)
  2. ↑ Agarwal, Surabhi; Rautray, Samanwaya (2018-01-04). "From net neutrality to IBC & Aadhaar, how Vidhi is framing key government legislation". The Economic Times. ISSN 0013-0389. Retrieved 2025-09-03.
  3. ↑ Marik, Priyam. "How Vidhi Centre for Legal Policy is shaping laws in India".
  4. ↑ Bench, Bar & (2025-04-25). "Vidhi Centre for Legal Policy launches criminal law database". Bar and Bench - Indian Legal news. Retrieved 2025-09-03.
  5. ↑ "Official Documents: Justice B.N. Srikrishna Committee Report and Personal Data Protection Bill, 2018". www.thehinducentre.com. 2018-07-31. Retrieved 2025-09-25.
  6. ↑ "Justice Srikrishna committee submits report on data protection. Here're its top 10 suggestions". The Economic Times. 2018-07-28. ISSN 0013-0389. Retrieved 2025-09-25.
  7. ↑ "Vidhi Centre for Legal Policy". YouTube. Archived from the original on 2025-09-02. Retrieved 2025-09-03. Unknown parameter |url-status= ignored (help)
  8. ↑ 8.0 8.1 "Episode 366: Arghya Sengupta and the Engine Room of Law". The Seen and the Unseen. 2024-01-29. Archived from the original on 2025-05-23. Retrieved 2025-09-01. Unknown parameter |url-status= ignored (help)
  9. ↑ "Rhodes Scholarships India". rhodesscholarships-india.com. Retrieved 2025-09-01.
  10. ↑ "UK India Achievers Awards for two alumni". www.balliol.ox.ac.uk. Archived from the original on 2025-01-02. Retrieved 2025-09-01. Unknown parameter |url-status= ignored (help)
  11. ↑ "Supreme Court collegium: The growing row over picking judges in India". 2023-01-25. Archived from the original on 2025-07-31. Retrieved 2025-09-04. Unknown parameter |url-status= ignored (help)
  12. ↑ "Bonavero Discussion Group - "The Colonial Constitution" by Arghya Sengupta". www.law.ox.ac.uk. Archived from the original on 2024-07-05. Retrieved 2025-09-01. Unknown parameter |url-status= ignored (help)
  13. ↑ Bhuyan, Avantika (2010-09-16). "Tender Loving Counsel". Open The Magazine. Archived from the original on 2024-11-04. Retrieved 2025-09-01. Unknown parameter |url-status= ignored (help)
  14. ↑ "Case study: Getting your nonprofit communications right". India Development Review. Retrieved 2025-09-03.
  15. ↑ Narayanan, Dinesh; Ananth, Venkat. "Vidhi and the making of India's data protection law". The Economic Times. ISSN 0013-0389. Archived from the original on 2025-08-11. Retrieved 2025-09-03. Unknown parameter |url-status= ignored (help)
  16. ↑ Choudhury, Sonya Dutta (2013-11-01). "Vidhi Centre for Legal Policy | The law for the layman". mint. Archived from the original on 2024-01-02. Retrieved 2025-09-03. Unknown parameter |url-status= ignored (help)
  17. ↑ Sharma, Prathma (2019-12-03). "'Open Data' policy can make Indian judiciary more accessible, accountable: Report". mint. Retrieved 2025-09-03.
  18. ↑ "'Overcriminalising is slowing the path of justice in India'". The Week. Archived from the original on 2025-07-25. Retrieved 2025-09-01. Unknown parameter |url-status= ignored (help)
  19. ↑ Talwar, Sanya (2024-02-28). "The Vidhi-GOI Paradox". lawbeat.in. Archived from the original on 2025-08-11. Retrieved 2025-09-03. Unknown parameter |url-status= ignored (help)
  20. ↑ 20.0 20.1 "From Aadhaar to Aarogya Setu, Vidhi's questionable role in technology-related policy making". caravanmagazine.in. Retrieved 2025-09-01.
  21. ↑ "Comparing Draft Data Protection Bill, 2021 with its predecessors". Internet Freedom Foundation. 2021-12-17. Retrieved 2025-09-13.
  22. ↑ "Does India's Constitution Fail to Reflect Tolerance, the Vision of Freedom Movement?". The Wire. Retrieved 2025-09-12.
  23. ↑ 'Constitution shouldn't be treated as a holy book': Arghya Sengupta on 'The Colonial Constitution'. 2023-10-07. Retrieved 2025-09-01 – via YouTube.
  24. ↑ "The Colonial Constitution: An Origin Story". King's College London. 2024-01-31. Retrieved 2025-09-01.
  25. ↑ Jnanapravaha Mumbai (2024-01-20). The Colonial Constitution | Arghya Sengupta, Justice Gautam Patel, Faisal Devji & Rajdeep Sardesai. Archived from the original on 2024-07-20. Retrieved 2025-09-01 – via YouTube. Unknown parameter |url-status= ignored (help)
  26. ↑ Roy, Suryapratim (2023-12-28). "Suryapratim Roy writes: Emerging challenge to the Constitution animated by Centre's need for consolidation". Frontline. Retrieved 2025-09-06.
  27. ↑ Rangra, Piyush (2023-10-11). "Is the Constitution of India colonial?". RPR. Retrieved 2025-09-12.
  28. ↑ Mandhani, Apoorva (2023-10-07). "'Need to engage with Constitution, not worship it' — Arghya Sengupta on 'The Colonial Constitution'". ThePrint. Archived from the original on 2024-01-04. Retrieved 2025-09-01. Unknown parameter |url-status= ignored (help)
  29. ↑ Rawat, Aditya (2025). "Untangling Colonial Knots: Reflecting on Arghya Sengupta's, the Colonial Constitution - An Origin Story (Juggernaut: 2023)". Comparative Constitutional Law and Administrative Law Journal. 9: 160.
  30. ↑ Bhattacharjee, Subhajit (2024). "The Colonial Constitution - An Origin Story (2018)". Indian Journal of Law and Justice. 15: 466.
  31. ↑ Does India Have a Colonial Consitituion Or is That a Mistaken View? | Karan Thapar. The Wire. 2023-09-28. Archived from the original on 2024-07-13. Retrieved 2025-09-01 – via YouTube. Unknown parameter |url-status= ignored (help)
  32. ↑ Oxford Law Faculty (2024-03-04). "The Colonial Constitution" by Dr Arghya Sengupta. Archived from the original on 2024-07-05. Retrieved 2025-09-02 – via YouTube. Unknown parameter |url-status= ignored (help)
  33. ↑ "A provocative argument". Archived from the original on 2024-12-11. Retrieved 2025-09-06. Unknown parameter |url-status= ignored (help)
  34. ↑ Sahgal, Kanav Narayan (September 2024). "The Colonial Constitution By Arghya Sengupta, Juggernaut, 2023. 296 pp. ISBN 978-9353451929 £10.64, (paperback)". International Journal of Law in Context. 20 (3): 419–422. doi:10.1017/S1744552324000065. ISSN 1744-5523.
  35. ↑ "Incomplete History and the Triggering Title | Economic and Political Weekly". www.epw.in. 2024-04-27. Archived from the original on 2024-05-24. Retrieved 2025-09-03. Unknown parameter |url-status= ignored (help)
  36. ↑ "Book Review | Why Not to Call the Constitution Colonial". National Law School of India University. Archived from the original on 2025-06-20. Retrieved 2025-09-01. Unknown parameter |url-status= ignored (help)
  37. ↑ Kumaraswamy, V. "The Constitution: An imperfect charter". Business Standard.
  38. ↑ "Who amended the Indian Constitution 106 times". www.esamskriti.com. Retrieved 2025-09-12.
  39. ↑ "Who is afraid of talking about the Constitution? A book review of Arghya Sengupta's The Colonial Constitution: An Origin Story". Countercurrents. 2024-02-06. Retrieved 2025-09-06.
  40. ↑ Tripathi, Swapnil (2023-10-15). "Book Review: Arghya Sengupta's 'The Colonial Constitution'". The Basic Structure. Retrieved 2025-09-12.
  41. ↑ "Book Review | Beyond hagiography, Arghya Sengupta takes critical look at Indian Constitution". Firstpost. 2023-10-02. Retrieved 2025-09-12.
  42. ↑ Iyer, Venkat (2023-10-21). "Book Review: Unsealed Covers by Gautam Bhatia and The Colonial Constitution by Arghya Sengupta". Bar and Bench - Indian Legal news. Retrieved 2025-09-06.
  43. ↑ "Fundamental Right to Privacy". Supreme Court Observer. Archived from the original on 2025-08-06. Retrieved 2025-09-03. Unknown parameter |url-status= ignored (help)
  44. ↑ "Young lawyers impress SC in privacy debate". The Times of India. 2017-08-03. ISSN 0971-8257. Archived from the original on 2022-09-25. Retrieved 2025-09-03. Unknown parameter |url-status= ignored (help)
  45. ↑ "Aadhaar's mixing of public risk and private profit". caravanmagazine.in. Archived from the original on 2019-07-13. Retrieved 2025-09-04. Unknown parameter |url-status= ignored (help)
  46. ↑ "For a judicial accountability mechanism". Frontline. 2017-05-24. Retrieved 2025-09-25.
  47. ↑ Devji, Faisal. "Why critics of Article 370's nullification are quiet today: Their inability to criticise the government with any intensity follows from the Constitution itself". The Times of India. ISSN 0971-8257. Retrieved 2025-09-06.
  48. ↑ "Complex issue". www.telegraphindia.com. Archived from the original on 2023-02-04. Retrieved 2025-09-06. Unknown parameter |url-status= ignored (help)
  49. ↑ "[Book Launch] 'Hamīñ Ast? A Biography of Article 370' by Vidhi Centre for Legal Policy". Bar and Bench - Indian Legal news. 2022-08-03. Retrieved 2025-09-01.
  50. ↑ "A Battle of Three 'A's | Economic and Political Weekly". www.epw.in. 2020-05-08. Retrieved 2025-09-06.
  51. ↑ Sontakke, Atharva (October 2020). "Independence & accountability of the Indian higher judiciary". Contemporary South Asia. 28 (4): 537–538. doi:10.1080/09584935.2020.1843801. ISSN 0958-4935.
  52. ↑ "Justice Yashwant Varma case: Peer review is the proper channel". The Indian Express. 2025-06-13. Retrieved 2025-09-06.


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