Archives

Justice Kurup Responds

Now, Justice Kurup gives his version of who actually is responsible for the Kerala Smoking judgment. This episode strikes me as bizarre and quite contrary ...
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Biogas, Animal Husbandry or a Secular Republic

Chief Justice Lahoti approved of the animal husbandry policy of the Gujarat State government and overruled the 1958 Mohd Qureishi ruling on laws prohibiting 'cow ...
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Justice Lakshman and the Smoking Judgment

This letter seems like an odd clarification for a Supreme Court judge to offer a newspaper. Justice Lakshmanan, who I generally consider to be a ...
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Marital Rape held a criminal offence in Mexico: Implications for India and some observations on using foreign and international law

Earlier today, The New York Times reported that a court in Mexico has held that marital rape is a crime within Mexico: The Supreme Court ...
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Rajeev Dhavan on the Constitutional Crisis in Nepal and on Constitutonalism more generally

Today’s Telegraph carries a column by Rajeev Dhavan on the aforementioned topic. I am convinced that Dhavan is one of the most under-appreciated legal scholars ...
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Stimulating interview on contemporary Indian environmental challenges with Sunita Narain

A couple of days ago, the BBC's HardTalk featured a stimulating, informative, and combative interview with Sunita Narain , the Director of the Centre for ...
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A potential national debate over the separation of powers? A focus on views expressed by President Kalam and Arun Shourie

The Indian Express has, over the last two days, been reporting about a simmering national debate over the issue of separation of powers between the ...
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The Faculty Blog of the University of Chicago Law School, and Martha Nussbaum’s posts on Democracy in India

To those who are sceptical of the value of lawblogs, the decision of the University of Chicago Law School to host a faculty blog where ...
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Progressive changes in Hindu family law: Towards a better future for women

A recent editorial in the Economic and Political Weekly describes the changes brought about by the Hindu Succession Amendment Act, 2005 calling it “groundbreaking legislation.” ...
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NEW AGE “INDIAN(A) JONES”?: REGULATING BIOPROSPECTING AND CREATING WEALTH FOR INDIA

It is interesting to see how traditional knowledge and bio-resources are becoming increasingly prominent in international intellectual property and trade negotiations.A recent note in MIP ...
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Contrasting perspectives on dealing with terrorism

In the aftermath of the latest attacks in Delhi, terrorism, and approaches to dealing with it, are understandably uppermost on the minds of most Indians ...
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Socialism and Our Constitution

In the summer of 1991, Prime Minister Narasimha Rao and his Finance Minister, Manmohan Singh, embarked upon their bold agenda to reform India's economy and ...
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Parting salvo: An endorsement of the US’s “War on Terror” policies by the outgoing CJI?

I am quite puzzled by Chief Justice Lahoti’s reported statements to the press on his last day in office. (Among other statements, I found it ...
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THE ASIAN GIANTS AS “WORLD SUPERPOWERS”: A NOTE OF CAUTION

Numerous articles in the Indian popular press proclaim the 21st century as “India’s century”. Its technocrat President uses every possible platform to propagate his vision of ...
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An appraisal of India’s contemporary ‘promise’ and an analysis of the UPA government’s draft Education Bill

Devesh Kapur has recently authored an overview of Indian politics and governance which makes for interesting reading. Subtitled “Conflicting prospects for the world’s most populous ...
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Regulation Masterclass

The recent proposal to re-staff the regulatory agencies in the power sector prompted two very thoughtful responses from Prof Navroz Dubash and Sudha Mahalingam. Navroz ...
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GLOSSING OVER CORRUPTION IN THE JUDICIARY

In Justice Sabharwal’s interview in The Hindu that Arun has referred to, the new CJIS’s views on corruption in the judiciary makes for interesting reading ...
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An interview with the new Chief Justice of India

Yesterday, The Hindu carried a short news-item announcing the appointment of Justice YK Sabharwal as the new CJI with effect from Nov 01, 2005. Today's ...
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Recovering bad debts: A national priority and an ‘interesting’ approach

In yesterday’s Hindu, Jairam Ramesh identifies a pressing national priority: “THE UNITED Progressive Alliance Government has embarked on major new publicly-funded programmes in employment generation, ...
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UNEASE WITH ARBITRATION

All’s not well with resolving disputes through arbitration in India. Conceived as a faster and less expensive mode of dispute resolution by experts chosen by ...
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ONE “FLU” OVER THE CUCKOO’S NEST: OF AN UNRELENTING ROCHE AND AN INDIAN ROBIN-HOOD

Once again, the relationship between patent rights and public health has made mainstream media –and this time, in the context of the notorious AVIAN FLU, ...
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Mehta on Chief Justice Lahoti’s jurisprudential legacy, and a similar attempt in the past

Yesterday’s Telegraph carries Pratap Bhanu Mehta’s evaluation of Chief Justice Lahoti’s tenure at the helm of the Indian judiciary. (Click here for a related post ...
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WILLING TO STRIKE BU

WILLING TO STRIKE BUT AFRAID TO WOUNDThis is the title of an interesting piece [http://www.hindu.com/2005/10/10/stories/2005101000561000.htm] by N. Ravi which appeared in the Hindu on October ...
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Insights into India’s approach to the WTO, Third World coalitions and foreign policy

Shamnad's recent post reminded me of an academic paper by Andrew Hurrell and Amrita Narlikar, titled "A New Politics of Confrontation: Developing Countries at Cancun ...
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Early reactions to the Rameshwar Prasad (Bihar dissolution) case

Since the Supreme Court has only issued an order as opposed to a reasoned judgment in the Rameshwar Prasad case, analysis of the ruling is ...
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Shekhar Gupta on subsidies

Shekhar Gupta has a nice editorial in Saturday's (8th Oct) Indian Express. He discusses the issue of large government subsidies (power, water, LPG and higher ...
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Brilliant move by Brazil at the WTO

For those of you who follow intellectual property (IP) and international trade issues, I'm sure you’re aware of the rather schizophrenic nature of the US ...
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Bihar Dissolution Order

Earlier today, the Supreme Court has delivered its eagerly awaited verdict in the Bihar Dissolution Case. The case is called Rameshwar Prasad v. Union of ...
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