The two essential elements of judicial accountability in India (or wherever else) are ensurance of veracity of judicial proceedings and scrutiny of judiciary. If these two elements are ensured, there is hardly much judicary can do to do corruption. I am concisely commenting on the two elements of judicial accountability in India below. Records of Judicial Proceedings Ideally, all proceedings of the courts should be broadcasted live to the public….
Baba Ramdev judgment, available here, is basically a judgment on the legality of implementation of ex-parte order dt. 04.06.2011 passed by the ACP, Kamala Market, Central Distt., Delhi, u/s 144 CrPC. However, the judgment by Justice B. S. Chauhan is also a primer on the right to privacy u/a 21 of the Indian Constitution. The judgment has clearly identified the right to privacy of sleep. It is a right of…
Jan Lokpal Bill of India against Corruption has too many technical problems to be taken seriously for law formulation. The Jan Lokpal Bill needs to be amended. Given below are technical problems in the Jan Lokpal Bill downloaded from the website of India against Corruption. Technical Problems in Jan Lokpal Bill Sec 4(4)(b): As per this section, no person against whom charges were ever framed in any offence involving moral…
In this blog post, I will discuss the most important angle of criminal conspiracy in the Binayak Sen judgment. The conspiracy has been held to be proved against Binayak Sen. He has been held guilty under section 124A IPC read with Sec 120B IPC for conspiring with Narayan Sanyal and Pijush Guha in spreading hatred against the state. The evidence is certain letters held to be written by Sanyal. These…
The Supreme Court of India (SCI) has apparently written Aruna Shanbaug judgment under its writ jurisdiction u/a. 32 of the Indian Constitution in a criminal writ petition filed before it. The criminal law in India is very clear. Any act (which includes omission) done with the knowledge that the act would cause death of a person amounts to culpable homicide/murder. By implication, any person doing any such act (omission) unto…
The Role of Unauthorised Colonies in Delhi It’s ironical but true that unauthorised colonies are a boon for the citizens of Delhi. These colonies have checked black marketing of land by allowing only the real needy people to construct houses therein. Many put up an argument that DDA’s control over the land has created an artificial scarcity leading to high land prices, but actually the reverse may be true. A…
The IAEA Safeguard Agreement, India The termination clause of IAEA Safeguard Agreement wrt India is a bone of contention. As per Mr. Anil Kakodkar, the perpetuity of the safeguards is linked to the perpetuity of the fuel supplies only. This holds for the indigenous facilities as well. This is based on the interpretation of the IAEA Safeguard Agreement. However, the interpretation based on paragraph 15 (c) of the separation plan…