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 »SATYANANAD MISHRA CHIEF INFORMATION COMMISSIONER IN WALK THE TALK WITH SHEKHAR GUPTA
In a season when every self-styled warrior against corruption is trying to look for a new weapon to fight it, my guest today is Satyananda Mishra, Chief Information Commissioner—someone who has in his control the strongest of those weapons, the RTI. Actually when it all began, nobody thought it would be so effective. In a period of five-and-a-half years, it has touched the hearts and minds of people. The number of...
More »Rethink the communal violence bill by Ashutosh Varshney
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...
More »HC scraps land tribunal
-The Telegraph Calcutta High Court today scrapped a 14-year-old tribunal that had been hearing all land and tenancy disputes involving the state government, saying the judiciary’s Minority status in the set-up ran contrary to the Constitution. Today’s order means that the nearly 1 lakh cases pending with the tribunal will be shifted to the high court. The former Left Front government had enacted the West Bengal Land Reforms and Tenancy Act, 1997,...
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