In a system where half the litigants must necessarily lose their cases and where most complaints against judges are frivolous, the Bill, if implemented, would mark the beginning of the end of the judiciary. The last two decades have marked the extraordinary rise of India. This has however been tinged with cynicism about our major democratic institutions and a pessimism about their future. The judiciary, which till now has been looked...
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The lie of the land by MJ Antony
The court presses home its power to intervene when 'little Indians lose their small property' to land acquisition by state governments Parliament has not been able to pass an updated land acquisition law for several years, though this is a burning issue and innocent blood has been shed in many states. Meanwhile, the Supreme Court continues to deliver judgments in which disputes arose several decades ago. Two such decisions in recent...
More »Less than activist by Madhav Khosla
Judicial review of executive action is not unique, but the remedy in the CVC case is a departure from the court's record of approach to corruption. THE Supreme Court's decision to declare the appointment of Chief Vigilance Commissioner (CVC) P.J. Thomas as non-existent in law has stimulated much debate. The political fallout of the ruling has been widely studied, with pundits pondering over how seriously it may impact the Prime Minister's...
More »GoM splits over PM in Lokpal purview by Josy Joseph
The age-old debate of whether the PM should be brought under the Lokpal has returned to the centre of discussion at the highest echelons as a group of ministers considers the anti-corruption mechanism. The GoM, headed by Pranab Mukherjee, is laying out UPA-2's roadmap to fight corruption, as it reels under an unprecedented onslaught by gigantic scams all around. Sources said the GoM, in its upcoming meeting, would look at the Lokpal...
More »Judiciary shouldn't undermine executive: PM
Prime Minister Manmohan Singh has called upon the judiciary not to exercise its power of judicial review to undermine the legitimate role assigned to other branches of the government. The PM made this appeal during his inaugural address at the 17th Commonwealth Law Conference at Hyderabad International Convention Centre (HICC) on Sunday in the presence of CJI S H Kapadia and several legal luminaries. Justice Kapadia, who spoke earlier, appealed to the...
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