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

Articles By S R Sankaran

The Rebirth of the National Advisory Council

The National Advisory Council was reborn a year after the 2009 Lok Sabha elections. While the NAC of 2004 was to monitor the implementation of the 2004 National Common Minimum Programme, the NAC of 2010 has no NCMP to track but is to take up the priorities set out in the President's speech to Parliament in June 2009. It is an "advisory" body but given that its chairperson is Sonia Gandhi, head of the ruling coalition and of the biggest party, any advice it renders will clearly be seen as a directive to the government, as indeed happened in 2004-06.

Amendment to an Amendment: To Arrest or Not to Arrest

The 2008 amendment to Section 41 of the Criminal Procedure Code placed certain restrictions on the power of the police to arrest without a warrant. Due to protests by lawyers, that amendment did not come into force. The government now proposes a peculiar amendment to the amendment that will require the police to record the reasons why they do not make an arrest.

Curbing the Power to Arrest

The amendments to Section 41 of the Criminal Procedure Code through legislation have raised a lot of protests from some lawyers' associations across the country. However, the changes to the section that deals with the power of the police to arrest aim at balancing the liberty of citizens and the maintenance of peace and law and order. The power to arrest is the main cause of police excesses and needs to be circumscribed.