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

JudiciarySubscribe to Judiciary

The Idea of Justice

We need contemporary art and artists to engage with the idea of justice creatively, portraying the tragedy of our judiciary powerfully and compellingly.

Safeguarding Fundamental Rights

In recent times, the right to speech, expression and the right to protest have been constantly undermined. An attack on these rights runs contrary to the spirit of civilised democracy. We need to exercise these rights within the Constitution’s conditions and the government is duty-bound to provide these conditions.

India’s First Per Curiam

A per curiam opinion seeks to project the court as a resolute bloc in unanimous verdicts by concealing the identity of the author(s). However, arbitrarily employing anonymity, without due regard to legal tradition and reason, adversely impacts accountability and transparency in the judiciary. As such, it is important to evaluate the Supreme Court of India’s choice of anonymity in the momentous Ayodhya decision.

The Non-enforcement of Singapore’s Anti-gay Law is Not a Good ‘Compromise’

Singapore’s Prime Minister has frequently said that a law that criminalises gay sex will not be enforced, but it will not be repealed. It appears that the government is brokering a tenuous “middle ground” among those for and against the law, given that public support to criminalise gay sex remains high. However, the prohibition of an activity which the government does not necessarily think needs to be prohibited, but is nonetheless forbidden on the sole basis that the majority does not approve of it poses several problems.

Human Sacrifice, Sentencing and the Death Penalty

In the judicial discourse on the relationship between human sacrifice and punishment in criminal law, there are glaring errors. Looking closely at the Supreme Court’s judgment in Ishwari Lal Yadav v State of Chhattisgarh , the deviation from the principle of individualised sentencing and the consequences of ignoring evidence on the complex anthropological and psychological dimensions of human sacrifice are reflected upon.

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.

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