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constitutional law


CHILD UNDERNUTRITION IN INDIA IS A HUMAN RIGHTS ISSUE

"All human beings are born free and equal in dignity and rights." So begins the Universal Declaration of Human Rights established 60 years ago and celebrated today around the globe. This year's theme is non-discrimination. When it comes to nutrition, all of India's children are not equal. According to India's third National Family Health Survey (NFHS-3) of..

Posted in articles |   1280 Views


PATTERNS OF CONSTITUTIONAL DEVELOPMENT: TRANSFERRING POWER

The constitutional history of the world shows that there were various patterns of constitutional development. Constitutions made during the post conflict era, tentatively followed one or more of the following patterns. The world's youngest constitution is being made in Nepal for which the consideration of the different types that were in vogue in one or another peri..

Posted in articles |   1440 Views


Unnecessary litigation clogging the wheels of justice

It is well known that the government is the largest litigant in the courts. It is less known that it starves the judiciary of funds. It is even less known that it chokes the courts with unnecessary suits. The last one frequently invites drubbing from the Supreme Court. Two judgments delivered last week analyse the psychology of bureaucrats in the legal d..

Posted in articles |   1 comments |   1277 Views


WHAT'S INDISPENSABLE?

 As happened in July 2005, it will take some time to grasp the full scope of the evolution in the Indo-US partnership that has been achieved as a result of the state visit o..

Posted in articles |   1149 Views


TO JUDGE OR NOT TO JUDGE

Is the Dinakaran imbroglio really a puzzling question? I do not think so. The Chief Justice of India, K.G. Balakrishnan, is right that the collegium is bound to follow the Supreme Court decisions on the point relating to the appointment of judges, till the law is changed. The real issue is: on that basis, is the solution for the problem not obvious? Once again my an..

Posted in articles |   1035 Views


COMMISSIONS AND COMMITTEES…!

 Over the years I've found that a useful way of denying justice or not bringing a culprit to book is to appoint a committee or commission: "Mr Chairman!" shout the members of a club, &quo..

Posted in articles |   862 Views


BRAZEN SUBVERSION OF JUSTICE

Nobody would have thought there was any public interest left in Bofors, a quintessential 20th century corruption scandal involving top political figures in India and Sweden. But the ghosts of Bofors have a habit of returning to haunt the functionaries and apologists of the party behind the scandal and its cover-up. Congress or Congress-led governments have gone to e..

Posted in articles |   871 Views


Indian Judiciary - where are we?

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Posted in articles |   1371 Views


LAW IS NOT JUSTICE

Two decades ago, when the national legislature passed the Administrative Procedure Law, we applauded, believing people would from then on enjoy an effective umbrella against power abuse.   The law made a lot of news for being the first on min gao guan, or private citizens suing State organs and their employees. That in a sense was revoluti..

Posted in articles |   2 comments |   1756 Views


SC'S VARYING STAND

QUESTIONS are bound to be raised about the manner in which Uttar Pradesh Chief Minister Mayawati's Lucknow jail demolition proposal has passed the Supreme Court's muster. Last Friday, the SC passed on ex parte order in the government's favour after the petitioner had failed to appear during two consecutive court hearings. However, as the M AIL T ODAY has..

Posted in articles |   1080 Views


Judges can't be put under public scrutiny: Supreme Court

NEW DELHI: The Supreme Court on Friday said judges cannot be put under public scrutiny as it would hamper their functioning and independence. "We cannot expose our judges to public scrutiny or inquiry because it would hamper their functioning and independence," Attorney general Goolam E Vahanvati, appearing for apex court registry, contended bef..

Posted in articles |   1120 Views


A YEAR AFTER 26/11, STILL VULNERABLE

Fifteen days from now, India will be commemorating the carnage of 26/11 and pledging never to let it happen again. If past record is any indicator, it is virtually impossible to see this pledge through though preventing a terrorist strike for one year is quite an achievement. Although a great deal of noise was made post-26/11 about upgrading intern..

Posted in articles |   805 Views


ABOVE THE LAW

It has now been established that rules were bent when Manu Sharma, who is serving a life sentence for the murder of model Jessica Lall, was given parole. Sharma had sought parole on three grounds: to participate in the religious rites of his late grandmother; attend to his ailing mother; and to take care of his business. Delhi police did not find any of ..

Posted in articles |   810 Views


WHAT'S IN AN OATH?

The unnecessary controversy over Abu Asim Azmi taking his oath in the Maharashtra assembly has eclipsed the issue of taking action against the goondaism that brutally disrupted proceedings ..

Posted in articles |   1 comments |   1913 Views


Corruption IN THE VICIOUS CIRCLE

It is clear to the law-abiding, ordinary citizens of India that the corruption and abject degradation of the law and order authority in the country has become a way of life, something horrendous and nightmarish that people are forced to contend with. In areas where our tribal communities and other less privileged castes traditionally live, exploitation h..

Posted in articles |   1161 Views


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