-The Telegraph The Supreme Court has said it wants to end judicial monitoring of social welfare schemes, saying the task should be left to experts and courts “can’t be setting economic policy”. The court had earlier taken umbrage at the government for fixing the poverty line at a measly Rs 32 per day per person in urban areas and suggested free distribution of foodgrain, causing consternation in the government which felt that...
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Your law should not meddle with governance, Kapadia tells judges
-PTI Chief Justice of India S.H. Kapadia on Saturday said judges should not govern the country or evolve policies, and they should apply the enforceability test on some verdicts like making sleep a fundamental right. Doing some frank introspection on the judiciary’s functioning, he wondered what would happen if the executive refused to comply with its directives that might not be enforceable. “Right to life, we have said, includes environmental protection, right to...
More »How can judiciary enforce right to sleep? CJI asks -Dhananjay Mahapatra
-The Times of India Chief Justice of India (CJI) SH Kapadia on Saturday said the Supreme Court might have overstretched the human rights jurisprudence to include right to sleep in the bouquet of fundamental rights, as enforcing such a right would be very difficult. The CJI, who was delivering a lecture, also seemed critical of the civil society activists for questioning the authority of Parliament to make laws and by draping themselves...
More »Former judges call for commutation of death penalty
-The Hindu 13 men face death penalty even though the Supreme Court says they were erroneously sentenced Over six weeks after a Maharashtra court ruled that Ankush Maruti Shinde was wrongly sentenced to death, as he was a juvenile when the crime was committed, he is still stuck in the death row ward of a Nagpur jail. In fact, the Supreme Court itself had ruled that the judgment was rendered per incuriam...
More »Judicial appointments & disappointments -VR Krishna Iyer
-The Hindu The Constitution of India operates in happy harmony with the instrumentalities of the executive and the legislature. But to be truly great, the judiciary exercising democratic power must enjoy independence of a high order. But independence could become dangerous and undemocratic unless there is a constitutional discipline with rules of good conduct and accountability: without these, the robes may prove arrogant. It is in this context that Chief Justice S.H....
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