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Year of criticism, from the bench and against it by Krishnadas Rajagopal

Judicial activism was the key in many Supreme Court observations and judgments during 2011. 2011 CVC THOMAS: A three-judge bench led by CJI SH Kapadia declared “non est” — or nonexistent — the majority recommendation of a high-powered committee for P J Thomas as Central Vigilance Commissioner. The court ruled that the Prime Minister and the Home Minister’s recommendation amounted to “official arbitrariness”, coming in spite of the dissent of the third...

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In action-packed 2011, Supreme Court cleared over 79,000 cases by J Venkatesan

The year 2011 saw the highest number of cases disposed of in recent years, with more than 79,000 cases cleared under the leadership of Chief Justice of India S.H. Kapadia. In his Law Day address, Justice Kapadia rejected the allegation made in certain quarters about the huge pendency of cases and said: “There is a backlog of cases. However, it is not as big as is sought to be projected.” Seventy-four...

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Minority quota in Lokpal? What’s wrong, ask two ex-CJIs by Krishnadas Rajagopal & Seema Chishti

The setting aside of 50% of seats in the proposed Lokpal for Scheduled Castes, Scheduled Tribes, Other Backward Classes, women and minorities, triggered a sharp debate within parties today around a central, normative question: should social diversity, especially inclusion of minorities, weigh in an empowered body to “fight corruption?”   While the BJP has opposed it and Team Anna, caught off-guard on a sensitive political issue, has declined to comment, legal experts...

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Then as farce

-The Indian Express Anna Hazare has accused the Centre of “cheating the people” by trying to enact a weak Lokpal, to “save” corrupt politicians. Meanwhile, Prashant Bhushan contends that the CBI chief’s selection was bound to be problematic, given that it would be decided by two politicians (“the prime minister and someone who hopes to someday be prime minister”) and the Chief Justice of India (previous holders of that office having...

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Why ‘force first' will not work by DN Sahaya

Union Minister for Rural Development Jairam Ramesh, in an article on left-wing extremism (“From Tirupati to Pashupati?” The Hindu , October 14, 2011), observed candidly: “It is not the naxals who have created the ground conditions ripe for their ideology — it is the singular failure of successive governments both in the States and the Centre.” There lay the main cause of the festering sore of naxalism, often characterised as left-wing...

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