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

Articles by A G NooraniSubscribe to A G Noorani

CIVIL LIBERTIES-Accounting for Encounters

 the cane-growers, they feel This season. for instance, the average price that mills have had to pay for sugrarceneon a national average has been around Rs 25 per quintal, The mills have to compete with the gur and khandsari producers who are always willing to offer attractive prices for cane. Be, sides, the growers' lobby has become increasingly politicised and has come to amass considerable political influence,,.

CIVIL LIBERTIES-Power of Expunction and Press Censorship

It is high time that legislators as well as the press took a closer look at the Speaker's power to expunge words from the record.

Prelude to Partition

Prelude to Partition A G Noorani The Transfer of Power 1942-7, Vol IX, The Fixing of a Tine Limit, November 4, 1946-March 22, 1947, edited by Nicholas Mansergh and Penderel Moon; HMSO, London; Rs 1,045. (Available at HMSO Sales Section, British High Commission, Chanakyapuri, New Delhi

JUDICIARY-Transfer of High Court Judges

JUDICIARY Transfer of High Court Judges A G Noorani ALTHOUGH the aspect of transfer of High Court Judges from one state to another is being studiously underplayed, it is quite clear that it forms an integral and inseparable part of the new dispensa- tion for the High Courts which the Government of India has in mind. The Union Law Minister, P Shiv Shankar, outlined in the Lok Sabha on July 24 three proposals. First, as a matter of policy, the Chief Justice of a High Court should be from outside the state; secondly, one-third of the Judges of a High Court should also be from outside; and, lastly, these appointments should be made by transfering Judges from one High Court to another.

Kissa Kursi Kaa Case

A G Noorani The conviction of Vidya Charan Shukh and Sanjay Gandhi by the District and Sessions Judge, Delhi, in the Kissa Kursi Kaa case, has been set aside by the Supreme Court on appeal.

New Light on Bangladesh

New Light on Bangladesh A G Noorani Bangladesh: Constitutional Quest for Autonomy, 1950-1971 by Mou- dud Ahmed; Franz Steiner Verlag Wieshaden. Witness to Surrender by Siddia Salik: Oxford University Press: Rs 55.

PARLIAMENT-A Disturbing Ruling

public sector plants of the fifties. There will be no fetish about Indian engineering or equipment supplies in its construction. It will be set up by a foreign consortium

Judgment in Special Court No 2

Judgment in Special Court No 2 A G Noorani THE recent judgment of Justice M L Jain in the Special Court No 2 is as surprising as it is disturbing in its implications. The Court was seized of two cases against Indira Gandhi and others. One, related to the arrest and imprisonment of Bhimsen Sachar (now dead) and seven others who had written to Indira Gandhi protesting against the imposition of Emergency. The other pertained to the alleged bar- assment of four officials detailed to collect information for a question in Parliament regarding the Maruti car project of Sanjay Gandhi. The learned Judge ruled that ''the creation and establishment of this court and the declarations and designations to try the. sa'd cases were not made in accordance with the provisions of the Constitution and are, therefore, of no effect and confer no jurisdiction on this Court".

LAW- The Emergency and Oath of Secrecy

The Emergency and Oath of Secrecy A G Noorani JUSTICE T P S CHAWLA's judgment delivered on December 28, 1979 qua- shing the prosecution of Indira Gandhi and Pranab Mukherjee for refusing to testify before the Shah Commission discusses a large number of legal issues concerning the jurisdiction, and procedure of Commissions of Inquiry under the Commissions of Inquiry Act, 1952, and is now under appeal before the Supreme Court. However, 50 of its 347 pages raise issues of public importance transcending the facts of the instant case. They concern the judicial review of the exercise of emergency powers and whether the oath of secrecy affords protection, from accountability before a tribunal to a Prime Minister who is charged with exercising the powers mala fide. They concern, in short, the maintenance of the rule of law, the very basis of civilised government There is no caster way to subvert a democratic Constitution than to abuse the emergency powers it confers. Justice H R Khanna drew pointed attention to this two years before the June 1975 Emergency, in his judgment in the fundamental rights case, citing the example of the Weimar Republic, It would be shocking, indeed, if the law were powerless to unravel the truth about so gross a malfeasance once the democratic processes are restored.

Collapse of the Cabinet Mission s Plan

Collapse of the Cabinet Mission's Plan A G Noorani Documents on the Transfer of Power 1942-7, Volume VIII: The Interim Government 3 July

VIOLATION OF HUMAN RIGHTS-Repression in Indonesia

October 29, 1977 VIOLATION OF HUMAN RIGHTS IT is undoubtedly true that politics influences (he attitude of governments on violations of human rights in the domains of their friends and in those of the ones who are not friendly. Unfortunately such partisanship is not uncommon among individuals as well. We have tasted its fruits during the Emergency ourselves. Not very many Asian or African voices were raised in , support of the struggle tor freedom from Indira Gandhi's dictatorship. The silence was due to a variety of reasons not least among them being the unhappy predicament of some in their own country. It should be a sad day if we in India keep silent over infractions' of the ride of law or over repression in Asian or African countries for any reason, whether diplomatic or purely sentimental.

Vain Search for Agreement

Government in the series of collections of documents on the constitutional relations between Britain and India have been coming out every year since their publication began and have become something of an annual treat for the students of that period. In this latest volume we find a day-by- day and sometimes an hour-by-hour account of the interviews held by the Cabinet Mission with the Indian .leaders. Regretfully, we have yet to acquire a graphic record of the discussions between Indian leaders themselves because neither the Congress nor Muslim League leaders kept any detailed records or at any rate, have not published them. All that we have are the works of V P Menon, Sudhir Ghosh and of course the memoirs of Pyarelal, besides the few others.


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