“When all fails, look towards the Supreme Court. You may surely get your remedy at that forum.” True that. The Supreme Court yesterday played a diplomatic card in appealing to the Pakistani Government to release all prisoners who have already spent their prison terms and/or have been unlawfully detained in that country. Quoting Faiz, Justices [...]
Tag Archive 'Judicial Activism'
The Supreme Court: India’s Dark Knight
Posted in Constitution, Court, Democracy, Human Rights, india, Rights, Rule of Law on Jun 5th, 2010
So much for the notion that all of constitutional law lies there in the Constitution waiting for a judge to read it fairly […] That is why the simplistic view of the Constitution devalues our aspirations, and attacks that our confidence, and diminishes us. A week back, Justice David H. Souter, who stepped down from [...]
Populism, Terrorism and the Supreme Court
Posted in Constitution, Court, india on Dec 12th, 2008
With each passing day, my conviction that the Supreme Court of India has gone beserk in its handling of issues gets confirmed to a greater degree. What was the Court thinking when it admitted the PIL by Soli Sorabjee asking the centre to implement rules for better equipment and reforms to the police ? The [...]
The Judicial Standoff
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 [...]
Defeating Individual Choice: Linking Abortion & Marital Consent.
Posted in Constitution, Human Rights, india, Rights on Nov 10th, 2008
On Nov. 7, a Supreme Court Bench comprising Justices Thakker & D.K. Jain held that an abortion by a woman without her husband’s consent will amount to mental cruelty and a ground for divorce. To quote the Hon’ble Bench, Mental cruelty is a state of mind. The feeling of deep anguish, disappointment, frustration in one [...]