Counterpoint: Solving India’s judicial backlog requires a nuanced conversation
Any long-term measures for judicial reform should revolve around increasing transparency and accountability of the system, especially of judges. The Supreme Court in New Delhi, photographed in 2018. | Adnan Abidi / Reuters
There is little doubt that the delays caused by India’s creaking judicial system are a national disgrace and one can certainly sympathise with the outrage expressed by Shailesh Gandhi in his article June 28. The bar and the bench have failed to tackle the issue in a convincing manner and they deserve to be criticised for their failure to take constructive steps to reduce the backlog.
Voice vote as constitutional subterfuge
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Even laws that are unquestionably desirable and necessary cannot be enacted using dubious legislative mechanisms
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Even laws that are unquestionably desirable and necessary cannot be enacted using dubious legislative mechanisms
The Karnataka Prevention of Slaughter and Preservation of Cattle Bill was passed by the State’s Legislative Council on Monday, February 8. The Bill had already been passed by the Legislative Assembly where the State government enjoys a majority. But the prospect of the Bill passing the Upper House was doubtful as the Opposition parties the Congress and the Janata Dal (S) have a majority in the Council; and both were opposed to the Bill. But the law was passed by the Council despite the lack of a majority. Instead of having a division vote based on actual voting as is usual and as the Opposition members had demanded, the presiding officer just declared the Bill passed by voice vot
The courts are increasingly intervening in matters without providing sound legal reasoning
On January 12, 2021, the Supreme Court stayed the implementation of three controversial farm laws passed in September 2020 and ordered the constitution of a committee of experts to negotiate between the farmers’ bodies and the Government of India. Rather than deliberating on the constitutionality of the three laws, the court appears to be trying to move some of the parties towards a political settlement. Arguably, in doing so, it is wading into the domain of the government.
Has the court in this case abdicated its constitutional duty mandated by the Constitution and is this a growing trend? Anuj Bhuwania (a Professor at the Jindal Global Law School and author of
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January 17, 2021, 5:40 AM IST
On January 12, the Supreme Court stayed the implementation of three controversial farm laws passed recently. The court observed that “the negotiations between the farmers’ bodies and the Government have not yielded any result so…
January 17, 2021, 5:40 AM IST
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