How much water is to be allocated by a State for a particular region is not a matter of judicial review, the Supreme Court said on Monday. Dismissing a plea for a direction for allocation of adequate water in Kachchh district in Gujarat, a Bench of Justices Markandey Katju and C.K. Prasad said: “The prayer is not one which can be a matter of judicial review. It is for the executive...
More »SEARCH RESULT
Total Matching Records found : 1491
The Institutions of Democracy by Andre Beteille
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...
More »SC ‘doubtful’ of sops to women pregnant from child marriages by Krishnadas Rajagopal
The Supreme Court on Friday appeared doubtful about pressing the government to give cash “incentives” under a centrally sponsored scheme to poor women pregnant from child marriages, saying this may be seen as “encouraging” the social crime. “If Government of India gives incentives, will it not mean that it is encouraging child marriages.... We cannot give approval to child marriages,” a Bench of Justices Dalveer Bhandari and Deepak Verma observed. The...
More »When equal protection matters most by Harsh Mander
The draft Prevention of Communal and Targeted Violence Bill 2011, proposed by the NAC, has attracted welcome debate. Any legislative measure, intended to correct a historical wrong, should indeed be subject to the closest scrutiny to improve and strengthen it. For if we get this right it can help realise, far better than we have so far, the constitutional guarantees of equality before the law. This bill is built on India’s...
More »Rethink the communal violence bill by Ashutosh Varshney
The communal violence bill prepared by the National Advisory Council (NAC) seeks fundamentally to change how the government deals with violence against minorities. The bill focuses on religious and linguistic minorities as well the Scheduled Castes and Scheduled Tribes, but religious minorities are at its heart. The bill has some undeniable strengths, but it suffers from two analytically fatal flaws. First, it places excessive faith in the state machinery. Though...
More »
