It’s been raining “rights” in Indian policy for the last few years — education, work, food, service, healthcare, and much else. This “Diet Coke” approach to poverty reduction — the sweetness without the calories — was always dangerous because of unknown side effects. Commenting in 1790 on the consequences of the French Revolution, Edmund Burke said: “They have found their punishment in their success. Laws overturned, tribunals subverted, industry without...

Delivering the Setalvad Memorial Lecture, on April 16, Chief Justice of India S.H. Kapadia cautioned the judiciary against exceeding their judicial functions. His remarks are particularly relevant to the increasing tendency of judges of superior courts to issue directions to government, to correct and monitor government’s functions, and to even make policy decisions which are in the domain of government — as if there was no Separation of functions between...

The Centre, while seeking to recall/modify the July 4 Supreme Court order on the black money issue, has disputed the finding that certain admissions and concessions were made by the government counsel during the course of hearing of the petition filed by the former Union Law Minister, Ram Jethmalani. On July 15, the Centre filed an application for recall of the order (briefly published on July 16). According to the application...

The Centre on Friday moved the Supreme Court to recall its July 4 order directing that a Special Investigation Team (SIT) be constituted to probe the black money case. It described the order as ‘judicial overreach.' The review petition said the order, which directed that the SIT be headed by a retired Supreme Court judge, amounted to judicial overreach into executive functions and was against the principle of ‘Separation of powers.' The...

A Supreme Court bench comprising Justices Sudershan Reddy and Surinder Singh Nijjar passed orders in two politically sensitive cases this week.These orders have caused much controversy over the role of judiciary in constitutional cases. In the first of the two cases, Nandini Sundar v State of Chattisgarh, the judges held that the armed deployment of ill-trained, uneducated and poor tribal youths in combat operations against Naxals by appointing them as...