The power of judicial review envelopes natural resource distribution The tsunami created by the 2G spectrum judgments of the the Supreme Court last week has almost mopped up the ripples they made in the legal sphere. However, they deserve respectful consideration for their discussion on two hot issues that have been agitating public mind in recent years. The first is the nature and ownership of natural resources, like air waves and spectrum,...

-The Hindu The Supreme Court last week ruled as unconstitutional the mandatory imposition of the death penalty under the Arms Act in view of the absence of judicial review. The verdict is a reiteration of current jurisprudence that for criminal offences, life imprisonment is the rule and death sentence the exception. The impugned section 27 (3) of the Arms Act stipulates capital punishment for offences that may result in the loss...

Justice Asok Kumar Ganguly,who was part of the two-judge Supreme Court bench that delivered the 2G verdict on Thursday, has written the following article in response to The Telegraph report on Saturday that had quoted former Lok Sabha Speaker Somnath Chatterjee. The former Speaker has since said The Telegraph report had given rise to a wrong impression and his comments were strictly confined to policy, not executive decisions. “What I...

It is difficult to explain to Indians the wrongness of collective punishment. This is because our identity is collective, and so is our behaviour This month is the 10th anniversary of the incident at Godhra and the events in Gujarat that followed. When the violence began, it was said that the media had made the violence worse. Often this was by its innocence and sometimes by its malice. Was this true? The...

Bench says it runs counter to constitutional law and ultra vires Constitution The Supreme Court on Wednesday declared unconstitutional Section 27 (3) of the Arms Act, which provides for mandatory death sentence to an accused charged with an offence under this provision. Section 27(3) says: “Whoever uses any prohibited arms or prohibited ammunition or does any act in contravention of Section 7 and such use or act results in the death of...