Delivering the Setalvad Memorial Lecture, on April 16, Chief Justice of India S.H. Kapadia cautioned the judiciary against exceeding their judicial functions. His remarks are particularly relevant to the increasing tendency of judges of superior courts to issue directions to government, to correct and monitor government’s functions, and to even make policy decisions which are in the domain of government — as if there was no separation of functions between...

A sensational story in Hindustan Times about surgeons in Indore performing hundreds of sex change operations on children turns out to be false and misleading. An investigation.   Last month, a Hindustan Times front page report claiming that Indore doctors were converting hundreds of baby girls into baby boys sent shock waves through the system, with everyone from the Prime Minister's Office to the National Commission for Protection of Child Rights...

The communal violence bill prepared by the National Advisory Council (NAC) seeks fundamentally to change how the government deals with violence against minorities. The bill focuses on religious and linguistic minorities as well the Scheduled Castes and Scheduled Tribes, but religious minorities are at its heart. The bill has some undeniable strengths, but it suffers from two analytically fatal flaws. First, it places excessive faith in the state machinery. Though...

-The Hindu   Judiciary has stepped in only because of executive inaction Rejecting the criticism of judicial activism, the Supreme Court has said the judiciary has stepped in to give directions only because of executive inaction what with laws enacted by Parliament and the State legislatures in the last 63 years for the poor not being implemented properly. A Bench of Justices G.S. Singhvi and A.K. Ganguly pointed out that laws enacted for...

The Central government exempts the CBI from the Right To Information Act's purview without seeking Parliament's approval. THE Right to Information Act, 2005, originally exempted 18 public authorities under the Central government from disclosure of information. Section 24 of the Act provided this exemption to intelligence and security organisations specified in the Second Schedule of the Act, and permitted the Central government to amend the Schedule, by notification in the...