This essay describes and compares Parliament and the Supreme Court and examines the relationship between them. Parliament may still be a great institution, but its members are no longer great men. How long can a great institution remain great in the hands of small men? The SC has held its place in the public esteem rather better than the Lok Sabha, despite the occasional allegation of financial impropriety. Parliament, the...
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When equal protection matters most by Harsh Mander
The draft Prevention of Communal and Targeted Violence Bill 2011, proposed by the NAC, has attracted welcome debate. Any legislative measure, intended to correct a historical wrong, should indeed be subject to the closest scrutiny to improve and strengthen it. For if we get this right it can help realise, far better than we have so far, the constitutional guarantees of equality before the law. This bill is built on India’s...
More »For better laws, debate and discuss bills first by Vipul Mudgal
Anna Hazare's campaign against corruption has a curious side-effect. It has turned the spotlight on India's lack of pre-legislative transparency. We may accept or dismiss team Anna's Jan Lokpal draft but his movement — and the subsequent build-up of hope and betrayal — has unwittingly exposed the systemic opaqueness in which our laws are conceived, written, debated and passed. The Lokpal Bill 2011 is one among 67-odd bills listed as...
More »Where no sunlight goes by Nikhil Dey, Aruna Roy
If actions speak louder than words, then the government has just spoken loud and clear. There could be no stronger indication of the government’s lack of serious intent in building an effective anti-corruption regime than the decision to remove the Central Bureau of Investigation (CBI) from the purview of the Right to Information (RTI) law. Without any discussion in the public domain, the government has decided to use Section 24 of...
More »Lokpal bill and the Prime Minister by Anil Divan
When the basic structure of the Constitution denies the Prime Minister immunity from prosecution, how could it be argued that the office should not be brought under the scrutiny of the Lokpal? The Indian citizenry is up in arms against corruption at the highest levels of government. Anna Hazare's movement has caught the people's imagination. The former President, A.P.J. Abdul Kalam, has pitched in and called upon the youth to start...
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