The quashing of the appointment of P.J. Thomas as the CVC shows the judiciary can go beyond the express provisions of law to render justice. THE Indian Constitution does not envisage strict separation of powers among the three branches of the government – the executive, the legislature and the judiciary. This flexibility permits marginal incursions though one branch cannot usurp the essential functions of the other. One of the essential functions...

It was widely reported in the print media that G.D. Gautama, the Home Secretary of West Bengal, in his affidavit before the Hon’ble Calcutta High Court in the Netai killings affair, hesitantly admitted the existence of illegal armed intruders in that village while denying any knowledge of the existence of similar harmad camps elsewhere in the Jungle Mahal area. One cannot avoid applauding his gallantry in holding our national motto...

The Chhattisgarh High Court on Thursday dismissed an application of rights activist and paediatrician Dr. Binayak Sen seeking bail and suspension of life term awarded to him. But the court will continue to hear his appeal against the life sentence handed down by a Raipur Additional District and Sessions Court. The court also dismissed a similar application of co-accused Kolkata businessman Pijush Guha. On December 24 last, the Raipur court convicted Dr....

Besieged as it is by a spate of scams, the Centre has revived the 40-year-old proposal of setting up a national ombudsman called the Lokpal to probe political corruption. But, far from overcoming the existing deficiencies, the latest draft Bill – which could be promulgated any time soon as an ordinance - provides a legal veneer to them so that crooked politicians will continue to enjoy almost as much impunity...

The Group of Ministers tasked to suggest ways to curb corruption in public life is weighing a constitutional amendment to fast-track the trials of officials indicted for graft. Sources said changes could be incorporated in Article 311 of the Constitution (dealing with dismissal, removal or demotion of government officials) to provide for summary proceedings in cases of grave misdemeanour or blatant corruption. Also under consideration are amendments to the Prevention of Corruption...