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State, private property and the Supreme Court -Namita Wahi

-Frontline Reinstatement of the fundamental right to property in the Constitution will on its own do little to protect the interests of poor peasants and traditional communities.  The Indian Constitution adopted in 1950 guaranteed a set of fundamental rights that cannot be abridged by Central or State laws. One of these fundamental rights was the right to property enshrined in Articles 19(1)(f) and 31. Article 19(1)(f) guaranteed to all citizens the right...

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Continuing onslaught on the CAG -Ramaswamy R Iyer

-The Hindu The work of India’s supreme auditor cannot be put through an audit unless the institution itself initiates one The relentless campaign against the Comptroller and Auditor-General, of an unprecedented ferocity, compels me to write again on the subject. First, has the CAG caused a political and constitutional crisis, as some have argued? All that the CAG does is to submit audit reports. Any audit report, if it is a good report,...

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Information commissions need judicial members: apex court-Anuja

-Live Mint CIC suspends hearings to seek govt’s opinion; RTI activists criticize the move, saying it could lead to delays The Supreme Court said on Thursday that information commissions at the central and state levels should have two-person benches, with one person being a “judicial member” and the other an “expert member”. That prompted the Central Information Commission (CIC) to suspend hearings to enable it to seek the government’s opinion and led to...

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Lines of control

-The Indian Express Concerned about instances of reporting that breached confidentiality and threatened to hurt litigants, the Supreme Court has been, for a while, contemplating the way to regulate the journalistic coverage of ongoing cases. While the court has done well to refuse to lay down any overarching rule for all sub-judice cases, it did make a significant and troubling change by allowing a case-by-case appeal for postponing media coverage. Essentially,...

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Don’t compromise open justice

-The Hindu We live in a legal environment where the rule of sub judice is regarded as an anachronism, emanating from a time when all trials were decided by jurors susceptible to influence by what was published in the press. By and large, the law of sub judice, which regulates the dissemination of matter under the consideration of the court, is a dead letter. In such a context, the Supreme Court’s...

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