The Judiciary is the third branch of government. As with the Executive and Legislature, the public has a right to see and know and understand the functioning of this branch. That is why India, like every other democracy, has embraced the concept of open court proceedings and trials, except in those situations where, for security or other compelling reasons, in camera hearings are required. In the Mirajkar case ( Naresh Shridhar...
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Plan to link NREGA to state wage rates
-The Telegraph The wage rate under rural job scheme NREGA could soon be brought on a par with the minimum wages for agricultural labourers fixed by states. The Centre is likely to amend the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) by incorporating a provision saying the wage cannot be less than the minimum rate for agricultural labourers in a particular state. At present, there are discrepancies between the two. A Karnataka...
More »Judicial Control of Policymaking and Implementation: Interlinking Rivers by Videh Upadhyay
The Supreme Court has handed down an extraordinary decision with some extraordinary arguments directing the central government to execute the “river interlinking project”. How could the Court which says “it can hardly take unto itself tasks of making of a policy decision or planning for the country on the need for acquisition and construction of river linking channels” then go on to actually take the very same policy decision and...
More »Put transparency first-MJ Antony
Unlike in some countries as the US, the judges of the Supreme Court of India sit in some 13 Benches and deliver judgments. Each judgment is taken as that of the court. One Bench might take a harsh view on a subject while another may be lenient. This was evident from two judgments delivered by two different Benches on the simmering issue of the “first-come, first-served” (FCFS) policy. One dealt with...
More »In Cold Blood
-Economic and Political Weekly Strict implementation of NHRC guidelines for investigation into fake “encounters” is a must. The killing of five suspected bank robbers in Chennai on 23 February by police officers tasked with apprehending them looks suspiciously like yet another case of a fake “encounter”. News reports following the killing have brought out various inconsistencies in the claim of the police that they fired in self-defence. After directives from the National Human...
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