The Lokayukta is the “government’s conscience”, an anti-corruption ombudsman organised at the state-level and born out of a need felt among the country’s statesmen to instill a sense of public confidence in the transparency of the administrative machinery. Legal experts say that the “best and the worst” of the Lokayukta organisation is that the success of the entire mechanism depends solely on the “personal qualities such as the image, caliber, drive,...

While the Supreme Court should become a Constitutional Court, the setting up of Courts of Appeal, each comprising 15 judges divided into five benches, for the four regions of the country will prove to be a real boon to litigants.  Things had come to a pass in the Supreme Court of India, when Justice E.S. Venkataramiah in P.N. Kumar v. Municipal Corporation of Delhi, (1987) 4 SCC 609 relegated the...

A MARRIAGE hall in Kolkata is packed with 1200 of India’s poorest citizens. They have trekked here from all over West Bengal, from remote forests and dingy alleyways, from Howrah, East Midnapore, South 24 Parganas. They have come because there is a story to tell, a brutal story that may otherwise never be told. Finally, there are people willing to hear. These people may never bring justice; may never be...

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...

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...