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...

Judicial review of executive action is not unique, but the remedy in the CVC case is a departure from the court's record of approach to corruption. THE Supreme Court's decision to declare the appointment of Chief Vigilance Commissioner (CVC) P.J. Thomas as non-existent in law has stimulated much debate. The political fallout of the ruling has been widely studied, with pundits pondering over how seriously it may impact the Prime Minister's...

Recent actions of some senior BJP leaders hint at an understanding between the Congress and the main opposition at the leadership level. THE Bharatiya Janata Party's (BJP) credentials and commitment as the principal opposition party of the country have been repeatedly questioned in the past seven years, the period in which the Congress-led United Progressive Alliance (UPA) has held the reins of power at the Centre. Recent developments in Parliament...

There is a fundamental inequality in the governance arrangement in New Delhi that continues to plague the United Progressive Alliance. Members of Congress party president Sonia Gandhi’s National Advisory Council feel they have the right to criticise the government and its functionaries all the time, while no one in government is willing to return the compliment. In an interview to this newspaper, (March 13) the self-proclaimed father of India’s green...

India’s Supreme Court has questioned clearances to industries on the basis of environment impact assessments (EIAs) carried out by private consultants in the pay of project proponents. A special bench of the court led by Chief Justice S.H. Kapadia, that is hearing a petition challenging approvals granted to the French company Lafarge to mine limestone, likened the practice to "paying the piper to call the tune." Kapadia’s bench noted that every report...