Parliament has the power and jurisdiction to clarify, enact law or bring amendments to a law with retrospective effect to remove the basis or defects in a judgment, say legal experts. Under the proposed amendment to the Income Tax Act announced by Finance Minister Pranab Mukherjee in the budget, to come into effect from April 1, 1962, all persons, resident or non-resident, having business connection in India will have to incur...
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Supreme Court to examine constitutional validity of nuclear civil liability law by J Venkatesan
The Supreme Court will examine the constitutional validity of the Civil Liability for Nuclear Damage Act, 2010, which limits the liability of an operator in the event of a nuclear disaster to Rs. 1,500 crore. A Bench of Chief Justice S.H. Kapadia and Justices A.K. Patnaik and Swatanter Kumar on Friday issued notice to the Centre on a writ petition filed jointly by Common Cause; the Centre for Public Interest Litigation;...
More »Centre gives ASG the thumbs down by J Venkatesan
The Union Home Ministry on Friday disowned Additional Solicitor-General P.P. Malhotra's averments in the Supreme Court in the homosexuality case and said the government's stand was not what he argued on February 23. He said homosexuality between two consenting adults was immoral and an offence. Soon after Mr. Malhotra made his submissions before a Bench of Justices G.S. Singhvi and S.J. Mukhopadhaya that day, another ASG Mohan Jain told the court...
More »Aruna Roy, Indian social activist interviewed by Kanak Mani Dixit
Kanak Dixit: We have with us Aruna Roy, from Devdungri village in Rajasthan, who has, among other things, been able to take the Right to Information (RTI) from janasunuwais, or public hearings at the village level, all the way to national legislation that encompasses all of India. It is a movement that is truly global in scale. Aruna, a question that has been troubling me quite a bit in the context...
More »Political Challenges to Universal Access to Healthcare by R Srivatsan & Veena Shatrugna
While welcoming the report of the High Level Expert Group on Universal Health Coverage for India for its comprehensive vision and many well-conceived recommendations, this article focuses on the conditions needed for its promise to bear fruit. Towards this, it explores the political dimension, which comprises the forces and interests that come into play to shape and reconfigure administrative policy and its implementation. We are grateful to Anand Zachariah and Susie...
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