After sliding a mile backward into a morass, Karnataka'smining sector has just been shoved a metre forward. Since it has taken an almighty effort by the judiciary and a quasi-judicial body, the Lokayukta, to accomplish even this much, what hope is there for a sector that is vital for Karnataka's and India'sindustrial development?? Will the sector - represented by mining firms, traders, transporters, government agencies - slide back deep into...

Environmental protection within particular societies involves a complex balancing process and ordering of socio-economic priorities. In relation to other rights, where does an environmental right fit into a hierarchy of human rights and how should the conflicts with other human rights, such as right to property/ livelihood, be resolved? How to balance environmental protection with a general or collective right to economic development? Indian courts have proceeded by balancing interests and...

-The Hindu   ‘Will work on full-time basis to evolve more objective standards of scrutiny' Amid criticism that industrialisation and economic growth were getting blocked due to delay in granting “environmental clearances” to industries, Prime Minister Manmohan Singh on Sunday announced the government's plans to set up an independent regulator for giving environmental clearances. “We also hope to establish an independent regulator — the National Environment Appraisal and Monitoring Authority — soon. This...

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...

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...