ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Anurag K AgarwalSubscribe to Anurag K Agarwal

Judicial Legislation and Judicial Restraint

In the past decade, our courts have increasingly been enacting "judicial legislation", taking on a task that is meant for the legislature and elected representatives. This trend reached a new high when the apex court recently "ordered" the central government to distribute foodgrains, found rotting for want of storage facilities, to the poor and hungry. The prime minister had to intervene to make it clear that the court was stepping into the domain of policymaking, an area meant for the executive.

Resolving Business Disputes Speedily

The delay associated with the judicial system in India, particularly at the lower level of the judiciary, has prompted commentators to declare that the system itself has collapsed. Peaceful, speedy and efficacious settlement of business disputes is essential for any business to prosper. Though arbitration, mediation and conciliation are now commonly used to resolve business disputes, the limitations of these methods are prompting the business community to try another option, online dispute resolution.
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