In his stimulating post below, Vivek Reddy takes issue with Nick Robinson’s persuasively argued case for reducing the acceptance rate of cases before the Supreme Court. The points each of them brings up reminded me …
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Tag: Indian Supreme Court
Changing Role of the Supreme Court – A response to Nick Robinson
Nick Robinson’s interesting piece in Frontline argues that the Indian Supreme Court can reduce the backlog by reducing the number of cases it admits. Nick’s diagnosis goes to the root of the problem. But I …
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Salve at Oxford – Terrorism and (a political analysis of) PILs
Mr Harish Salve, former Solicitor-General, gave a talk last night (03 December 2008) at Exeter College, Oxford. The two themes he discussed are summarised below: On terrorism:Mr. Salve noted that this attack has been perceived …
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Judicial Activism, PILs and all that jazz
As a follow up from Madhav’s post, I think that terms like ‘judicial activism’ can hide more than they reveal. One needs to be careful about the precise judicial role where the court is being …
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Tackling corruption in the higher judiciary: Interesting developments
Almost from the time of its inception, contributors to this blog have focused on the issue of corruption in the higher judiciary at regular intervals. This post from three years ago seems particularly ironic now, …
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Strict Scrutiny after Thakur
Has Ashoka Thakur buried the concept of stict scrutiny in Indian jurisprudence? In this recent article published by the Journal of the Indian Law Intitute, I argue that it is a good idea that may …
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Temporary shift in focus: Important case for property rights and SEZs
We are now beginning to delve into the details of the Thakur case, and I do not mean to obstruct that process. But, as with much else in life, things go on and we should …
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Mandal II and strict scrutiny
In Ashoka Kumar Thakur v. Union of India (Mandal II case), the SC has refused to test the impugned law through strict scrutiny. However, it seems that this refusal is restricted only to affirmative action …
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Religious discrimination – II
Two quick updates on my last post on housing discrimination against Muslims and religious discrimination in general. 1. Private Discrimination: Ravi’s comment on my last post said that “I am against discrimination on religious grounds …
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Discrimination by housing societies – need for legislation
The recent case of a majority-Jain housing society in Mumbai denying the only Muslim family living there power and water is not the only one of its kind. Since the Mumbai bomb-blasts in 1993, Muslims …
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