Tag Archives: Judicial Activism

The Supreme Court: India’s Dark Knight

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 [...]
Posted in Civil liberties, Constitution, Court, Democracy, Featured, Human Rights, Law, Rights, Rule of Law, india | Also tagged , | 7 Comments

Populism, Terrorism and the Supreme Court

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 [...]
Posted in Constitution, Court, Law, india | Also tagged , , , | 7 Comments

The Judicial Standoff

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 [...]
Posted in india | Also tagged , , , , | 2 Comments

Defeating Individual Choice: Linking Abortion & Marital Consent.

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 [...]
Posted in Civil liberties, Constitution, Human Rights, Law, Rights, india | Also tagged , , , | 4 Comments
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