Sometimes a sense of unbridled virtue can also subvert democracy. The agitation by civil society activists over the Jan Lokpal Bill is a reminder of this uncomfortable truth. There is a great deal of justified consternation over corruption. The obduracy of the political leadership is testing the patience of citizens. But the movement behind the Jan Lokpal Bill is crossing the lines of reasonableness. It is premised on an institutional...

The Lok Pal (anti-corruption body) Bill has generated widespread interest in the past few days. The Bill is an attempt by the government, under massive pressure due to corruption charges, to gain some of its lost ground. However, civil rights activists, including Anna Hazare, Swami Agnivesh, Kiran Bedi and Arvind Kejriwal, have termed the draft legislation as weak and demanded that fifty per cent of the members in the committee drafting...

In a system where half the litigants must necessarily lose their cases and where most complaints against judges are frivolous, the Bill, if implemented, would mark the beginning of the end of the judiciary. The last two decades have marked the extraordinary rise of India. This has however been tinged with cynicism about our major democratic institutions and a pessimism about their future. The judiciary, which till now has been looked...

Judicial review of executive action is not unique, but the remedy in the CVC case is a departure from the court's record of approach to corruption. THE Supreme Court's decision to declare the appointment of Chief Vigilance Commissioner (CVC) P.J. Thomas as non-existent in law has stimulated much debate. The political fallout of the ruling has been widely studied, with pundits pondering over how seriously it may impact the Prime Minister's...

The quashing of the appointment of P.J. Thomas as the CVC shows the judiciary can go beyond the express provisions of law to render justice. THE Indian Constitution does not envisage strict separation of powers among the three branches of the government – the executive, the legislature and the judiciary. This flexibility permits marginal incursions though one branch cannot usurp the essential functions of the other. One of the essential functions...