My paper proposing a framework for Parliamentary Oversight in India has been published in the NUJS Law Review (link). A brief description of the paper: "The need for a strong monitoring mechanism of the Executive in India has been made clearer by recent allegations of corruption against high-ranking officials of the central government. The Indian Parliament … Continue reading My paper on parliamentary oversight in India
This post was first published by Humorlessindianlawyer.blogspot.in on April 8, 2014. Imagine, living in India with a Parliament that makes laws, an executive that implements these laws and a court system that interprets these laws. Now, imagine Parliament making the following law: Right to regulate all Economic Activities Completely Act, 2014 Section 1. This Act … Continue reading Putting Carts Before Horses. And How?
One of the major concerns for those seeking to improve our democracy is improving "access to justice". Simply put, "access to justice" implies a number of things such as getting larger people to resolve disputes through courts, disposing of cases speedily, ensuring judges give quality time to every dispute, etc. One of the problems in … Continue reading Who files the most court cases in India?
The minutes of the meeting of the government GoM constituted to look into the Bhopal Gas Claims and the recent Court judgement were put up on the website of The Hindu. I had saved a copy of the minutes: Full_Text__Minutes__133855a. Though there is nothing very sensational in the minutes, what it does reveal is that the … Continue reading Bhopal Gas Paper Leaks: Minutes of GoM meeting leaked
The recent judgement of the Supreme Court in the case of Mathai @ Joby v. George and Anr. ( highlights how (probably) well-meaning activism can in the larger scheme of things, cause greater harm to the system if not backed by well thought out systemic changes. The judgement concerned the frivolous filing of Special Leave … Continue reading SLPs and Supreme Court: Honest activism causing delays in justice
"What kind of impact do some judgements have on the finances of the government?" In this post, I propose to look at this question using a judgement delivered in April 2009. In the course of this post, I also argue that judges should refrain from delivering judgements which have huge financial and policy implications, as … Continue reading How much does a Supreme Court judgement cost?
Taking a break from my posts on China, I am summarising a fantastic article by Mr. Nick Robinson (Yale Law School South Asia Teaching and Research Fellow and a visiting fellow at the Centre for Policy Research, New Delhi) which appeared recently in Frontline magazine. The article argues that the Supreme Court is not as populist … Continue reading Indian Supreme Court: When Distance affects Visibility
Today's post is an article appearing in the Indian Express, concerning the condition of judges in our country: In defence of their lordships (Indian Express) GOPAL SANKARANARAYANAN Posted online: Wednesday, Jan 20, 2010 at 0250 hrs On September 1 2009, Neeraj Kishan Kaul stepped down as a judge of the Delhi High Court — a … Continue reading Judging our judges
Indian Express published a story yesterday considering one of those Supreme Court judgments which makes us wonder just how out of touch judges in the Apex Court are with the evolving mores of society. The issue is simple: The Court has observed that if an Indian woman or girl alleges sexual assault, courts need not … Continue reading A Virgin’s inclination to be truthful
In a recent judgement regarding death sentences for murder (Dilip Premnarayan Tiwari & Anr. v. State of Maharashtra), the Supreme Court has observed that courts will have to consider social issues like inter-caste marriage, community and religion and the circumstances in which a murder was committed while awarding punishment to an accused in a murder … Continue reading Psyche of a Murderer honoured