“How is government aggrieved if illegal commission has been closed?” The Supreme Court has declined to interfere with the Rajasthan High Court judgment transferring cases of alleged corruption during the Vasundhara Raje government, being probed by a State government-appointed Commission, to the Lokayukta. A Bench of Justices D.K. Jain and H.L. Dattu dismissed a special leave petition filed by the State government challenging the High Court's order, which set aside the constitution...

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...

The quashing of the appointment of P.J. Thomas as the CVC shows the judiciary can go beyond the express provisions of law to render justice. THE Indian Constitution does not envisage strict separation of powers among the three branches of the government – the executive, the legislature and the judiciary. This flexibility permits marginal incursions though one branch cannot usurp the essential functions of the other. One of the essential functions...

In Tamil Nadu, untouchability is so deep-rooted that there are separate burial spaces for Dalits and upper castes even in some urban pockets. “Samarasam ulavum idame Nam vaazhvil kaanaa Samarasam ulavum idame… Jaathiyil melor enrum Thaaznthavar keezhor enrum bethamillathu Ellorum mudivil serndhidum kaadu Thollai inriye thoongidum veedu Ulaginile ithuthaan Nam vaazhvil kaanaa Samarasam ulavum idame…” (Here, in this place pervades equality Which one could not have seen ever in one's lifetime! Steering clear of caste discriminations Such as the high, the low and...

The Supreme Court has declined permission to a women's organisation for seeking a review of the judgment describing a woman as ‘keep' arguing that such an expression was derogatory to and discriminatory against women on the basis of marital status. In an October 21, 2010 judgment, a Bench of Justices Markandey Katju and T.S. Thakur said: “If a man has a ‘keep' whom he maintains financially and uses mainly for sexual...