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Powerlessness in actual lives is the hurdle justice must clear by Amartya Sen

The state must ensure that individual freedoms not only exist, but that everyone has the ability to experience them The ongoing theories of justice in mainstream political philosophy are very strongly dependent today on a way of thinking largely initiated by Thomas Hobbes in the 17th century, with an overwhelming concentration on a hypothetical “social contract” that the people of a sovereign state can be imagined to have endorsed. This presumed...

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Facing flak by S Dorairaj

THE sharp criticism of the State administration by the National Commission for Scheduled Castes for perceived inadequacies in enforcing the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and in implementing various welfare measures aimed at empowering Dalits has put the Tamil Nadu government in a tight spot. Despite denials by Chief Minister M. Karunanidhi, who is also a top leader of the United Progressive Alliance which is...

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Questions of judicial access by VR Krishna Iyer

Is it the Supreme Court of India, or the Supreme Court for Indians?  The law must be equally open to the humblest, simplest and little member of the community A decentralised system of judicature is a paramount property for democracy to have élan A Supreme Court of India, and a Supreme Court for all Indians: these two versions can be radically different in terms of principle and content. The Preamble to...

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Hard to reach by Nick Robinson

A survey of the Supreme Court’s docket finds a court overwhelmed by petitions from those with money and resources.  THE Indian Supreme Court has a reputation for being a “people’s court” or, as one judge put it, a “last resort for the oppressed and bewildered”. The Constitution gives all Indians the right to petition directly the Supreme Court if their fundamental rights are violated and the right to appeal to...

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Hard Times by Ashok Mitra

Food prices have shot up by more than 20 per cent in the course of the past 12 months. A vast proportion of the nation is being battered by the price rise — the fixed income group, the working classes, landless peasantry and small farmers who have to buy at least a part of the grains they consume from the market. There is, however, no upheaval among the suffering people....

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