Environmental protection within particular societies involves a complex balancing process and ordering of socio-economic priorities. In relation to other rights, where does an environmental right fit into a hierarchy of human rights and how should the conflicts with other human rights, such as right to property/ livelihood, be resolved? How to balance environmental protection with a general or collective right to economic development? Indian courts have proceeded by balancing interests and...

Ruth Manorama started her work with the urban poor in her youth; there has been no turning back ever since. She is the powerful voice of Dalit women today. Is it easy being a Dalit in India? And a woman at that? Have things changed for the better for the Dalits who constitute roughly 16.23 per cent of our population, since the Constitution of India “cast a special responsibility on the...

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...

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...

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...