Delivering the Setalvad Memorial Lecture, on April 16, Chief Justice of India S.H. Kapadia cautioned the judiciary against exceeding their judicial functions. His remarks are particularly relevant to the increasing tendency of judges of superior courts to issue directions to government, to correct and monitor government’s functions, and to even make policy decisions which are in the domain of government — as if there was no separation of functions between...

-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...

-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...

In developing societies political parties exercise an influential role. They aim to achieve power and after having achieved it they wish to maintain it by several mechanisms; besides less awareness of the people about the true nature of the democratic system in such societies, there exist limited options to bring the government within a people-centric corruption-free framework. In these societies the civil society too exists but in underdeveloped form. The situation...

-The Hindu   Since the time of Dadabhai Naoroji, Indians have always been captivated by the idea that our national wealth is slowly being drained abroad. That is why the Supreme Court's decision to set up a Special Investigation Team to ensure the return of money stashed abroad will be widely welcomed. What happens to the ill-gotten gains stashed at home, however, is anybody's guess. Black money is generated by the...