Musings on India, the law, and policy
Posted in Uncategorized on Jul 31st, 2010
The Indian courts are a mish mash of various and varied legal systems. There is of course the legacy of our colonizers writ large in the common law principles we use. Then there are principles of the Shastras and the Quran that determine our personal laws. But while these are influences on the laws themselves, [...]
Posted in Constitution, Court, Democracy, Human Rights, Politics, Rights, Terrorism, Uncategorized on Dec 16th, 2008
Apologies for this delayed post. However, quite fortunately, the last Part of this three-pronged series coincides with two seminal events/publications. 1. CJI K.G. Balakrishnan’s piece on “Terrorism, rule of law and human rights” in The Hindu (Opinion Page). 2. The Union Cabinet’s nod for NSA Amendments and a new Investigation Agency. KGB’s write-up/analysis of our [...]
Posted in Constitution, india, Rights, Rule of Law on Nov 16th, 2008
My latest area of research includes a certain approach called the ‘Means- End’ approach that the Supreme Court is following now a days. Below is a draft chapter of the article wherein I analyse this approach vis-a-vis anti- terrorist legislations. …………………………………………… Criminal law is best understood as an instrument of control that the state uses [...]
Posted in india on Nov 11th, 2008
I must confess and state that I am strongly against judicial activism and the prevalent attitude of the Court to frame law and make people and institutions subject to it. Protecting the rights of the individual and seeking to enforce them under writs of mandamus and ‘public interests litigations’ is one thing; but to totally [...]