-The Telegraph The Supreme Court has criticised those who raise “the bogey of judicial activism or overreach” every time the courts try to enforce welfare laws. A two-judge bench said the courts do not exceed their jurisdiction by hearing public interest litigations filed by NGOs and social activists on behalf of the poor and illiterate. Rather, by doing so, the courts fulfil a mandate laid down in the Constitution’s chapter on...
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Rethink the communal violence bill by Ashutosh Varshney
The communal violence bill prepared by the National Advisory Council (NAC) seeks fundamentally to change how the government deals with violence against minorities. The bill focuses on religious and linguistic minorities as well the Scheduled Castes and Scheduled Tribes, but religious minorities are at its heart. The bill has some undeniable strengths, but it suffers from two analytically fatal flaws. First, it places excessive faith in the state machinery. Though...
More »HC scraps land tribunal
-The Telegraph Calcutta High Court today scrapped a 14-year-old tribunal that had been hearing all land and tenancy disputes involving the state government, saying the judiciary’s minority status in the set-up ran contrary to the Constitution. Today’s order means that the nearly 1 lakh cases pending with the tribunal will be shifted to the high court. The former Left Front government had enacted the West Bengal Land Reforms and Tenancy Act, 1997,...
More »Who will watch the watchmen? by Minhaz Merchant
The audited balance sheets of the six largest political parties in India are hard to get and harder to decipher: they hide more than they reveal but are nonetheless worth close examination. Between them, the Congress, BJP, BSP, SP, NCP and CPM reported total income of Rs 1,046.76 crore for the year ending March 31, 2009. That was the year in which most of the funds for the 2009 Lok...
More »Talk of judicial overreach is bogey: Supreme Court
-The Hindu Judiciary has stepped in only because of executive inaction Rejecting the criticism of judicial activism, the Supreme Court has said the judiciary has stepped in to give directions only because of executive inaction what with laws enacted by Parliament and the State legislatures in the last 63 years for the poor not being implemented properly. A Bench of Justices G.S. Singhvi and A.K. Ganguly pointed out that laws enacted for...
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