A Public Interest Litigation (PIL) can be filed in any High Court or directly in the Supreme Court. It is not necessary that the petitioner has suffered some injury of his own or has had personal grievance to litigate. The PIL is a right given to the socially conscious member or a public spirited NGO to espouse a public cause by seeking judicial means for redressal of public injury. Such...
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A Dangerous Move by Aruna Roy
BEFORE ANY debate starts, we must remind ourselves that India has a tendency of corruption. India, though a democracy, has a history of reported corruption cases. While the Chief Justice of India, KG Balakrishnan, has demanded that PM Manmohan Singh amend the RTI Act to ‘protect’ the judiciary from ‘intrusive’ queries, what needs to be kept in mind is that the proposed amendments will totally defeat the purpose of an...
More »Detailed code of conduct for judges in new Bill by Maneesh Chhibber
While finalising a new law to check corruption and increase accountability in the higher judiciary, the Union Law Ministry has also decided to include a comprehensive code of conduct for judges of the Supreme Court and the High Courts. Sources told The Indian Express that this was being done as voluntary attempts by the higher judiciary to lay down a code of conduct had not yielded the desired result. According...
More »Social Banditry by Ramachandra Guha
The novelist and critic, C.S. Lewis, said he had no time for those who thought that since they had read a book once, they had no need to read it again. The great works of literature were to read again and again. The urge to go back to a book was prompted sometimes by aesthetics, the desire to savour once more its artful or elegant prose; and, at other times,...
More »Judicial appointments: agenda for reform by Anil Divan
The independence of the judiciary and the rule of law will be severely compromised if the integrity of the higher judiciary is not protected by an independent, informed, transparent, fair and robust process. The former Chief Justice of India, P.B. Gajendragadkar, said: “Wise judges never forget that the best way to sustain the dignity and status of their office is to deserve respect from the public at large by the...
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