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...
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Passed by House in Aug, right to education yet to be law by Akshaya Mukul
The Right to Free and Compulsory Education Act was billed to be a giant leap towards universalization of education in India. However, it has acquired the dubious distinction of being the only fundamental right that exists just on paper. More than seven years after the Constitution was amended in 2002 to make free and compulsory education to children in the age group of 6-14 a fundamental right and over four...
More »RTE still remains on paper by Anita Joshua
The Right of Children to Free and Compulsory Education Act, 2009 (RTE) remains on paper today; four months after it secured presidential assent. This, after the Human Resource Development Ministry flagged its passage by Parliament as one of its achievements in the first 100 days of the second edition of the United Progressive Alliance (UPA) government. Allocation And, from all indications, the RTE — the law to operationalise the Fundamental Right...
More »Judicial Activism and Investigative Journalism: Editors as PIL Litigants by Prabhakar Kulkarni
A Public Interest Litigation (PIL) can be filed in any High Court or directly in the Supreme Court. It is not necessary that the petitioner has suffered some injury of his own or has had personal grievance to litigate. The PIL is a right given to the socially conscious member or a public spirited NGO to espouse a public cause by seeking judicial means for redressal of public injury. Such...
More »Judicial appointments: agenda for reform by Anil Divan
The independence of the judiciary and the rule of law will be severely compromised if the integrity of the higher judiciary is not protected by an independent, informed, transparent, fair and robust process. The former Chief Justice of India, P.B. Gajendragadkar, said: “Wise judges never forget that the best way to sustain the dignity and status of their office is to deserve respect from the public at large by the...
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