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

Articles By Videh Upadhyay

Judicial Control of Policymaking and Implementation

The Supreme Court has handed down an extraordinary decision with some extraordinary arguments directing the central government to execute the "river interlinking project". How could the Court which says "it can hardly take unto itself tasks of making of a policy decision or planning for the country on the need for acquisition and construction of river linking channels" then go on to actually take the very same policy decision and create an implementing mechanism that cannot open the policy decision itself? Should not the judgment be reviewed?

A Good Late Realisation

The environment minister has stated that prior clearance for projects will now be the norm. It is good that this principle has now been reaffirmed since this very ministry's established policy of giving "in-principle clearance" was illegal all along. While this change is welcome, it should also lead to punishment of those who started projects without prior clearance and have thus been in clear contravention of the laws.

Reclaiming the Judicial Ground

The "judiciary versus executive" debate in the media has created more heat than light. Are the higher courts venturing into the domain of the legislature and increasingly entering the realm of policy? Or are they only appearing to do so even as they legitimately continue to have an activist approach in matters that need urgent judicial intervention? The challenge for the judiciary is to keep the popular faith in it going to provide the legitimacy to judicial activism.