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

JudiciarySubscribe to Judiciary

Supreme Court of India Needs Transparency to Ensure Judiciary's Credibility

The author traces the history of the question of judicial accountability through important judgments and argues for a transparent system within the judiciary itself to deal with cases of judicial misconduct.

Are People Losing Faith inthe Courts?

Contrary to popular belief, there is no litigation explosion. The data from the courts themselves suggests that fewer civil cases are being filed while criminal cases have been steadily increasing. This suggests that litigants are approaching the courts in fewer numbers, and may be resortingto other methods to resolve disputes. It may also be possible that the increase in criminal litigation could be attributed to the use of criminal law to resolve civil disputes.

Injustice Unlimited

The verdicts in the Swami Aseemanand and G N Saibaba cases expose the roguery of the Indian state. The former was let off despite clear and close links with saffron terror and mass murder, while the latter was sentenced to life imprisonment for being sympathetic to a people’s resistance to state oppression. While such fascistisation is visible across the globe, in India, it finds resonance with the hegemonic, ruling-class ideology of Brahminism, which the current regime seeks to uphold.

Evaluating Taxation Systems and Policies

Taxation: Principles and Applications—A Compendium by Parthasarathi Shome, Lexis Nexis, 2014; pp 824, ₹ 1,495.

Demonetisation and the Rule of Law

The challenge in the Supreme Court and high courts to the current demonetisation exercise requires some serious discussion for what it tells us about the state of the rule of law and constitutional government in India.

10 Years of Khairlanji

Was justice really done in the Khairlanji massacre? Is there any let-up in atrocities against Dalits? More importantly, will the victims get justice given the depressing trend in recent judgments, where perpetrators of violence against Dalits have been repeatedly acquitted?

Governance Performance of Indian States

Building on a methodology developed in an earlier paper, the results of an exercise in ranking Indian states based on five sets of criteria--infrastructure, social services, fiscal performance, justice, law and order, and quality of the legislature--are presented to show how states have fared relative to each other between 2001-02 and 2011-12. What emerges is that five of the six best-performing states of 2001 were also the best performers in 2011. Similarly, four of the six worst performers of 2001 were also among the worst performers of 2011. A consequence of such stickiness of rankings at the top and the bottom is growing regional disparity between the more- and less-developed states.

Taking Free Speech Seriously

Offend, Shock, or Disturb: Free Speech under the Indian Constitution by Gautam Bhatia, Oxford University Press, 2016; pp 392, `653 (hardcover).

Evictions of Urban Poor

In the Public's Interest: Evictions, Citizenship and Inequality in Contemporary Delh i by Gautam Bhan, Hyderabad: Orient BlackSwan, 2016; pp 290, ₹ 825.

Silence on Investor –State Disputes Debate

The Law Commission of India's 260th report contains a seemingly innocuous suggestion to include a clear clause for consent to arbitrate investment disputes in India's 2015 draft Model Bilateral Investment Treaty. There is an intriguing absence of any explanation for this suggestion, which is curious, especially when viewed in the context of the global public debate on investor-state dispute settlement clauses. This suggestion requires robust public debate in India and must not silently sail past.

Defamation and Public Advocacy

A recent judgment of the City Civil Court, Mumbai, raises hopes of a meaningful contribution by the district judiciary to protection of the right to criticism of illegal acts of the state and hegemonic civil society bodies.

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