Articles
God Save Indian Democracy
The political class now is not unduly worried about the nuances of the Constitution. And the high priests do not care. I am only reminded of Robert Bork's statement— the question nowadays is not how to read the Constitution, but whether to read it. We live in an era of "constitutional morality" and sealed cover jurisprudence. God save Indian democracy.
Is Succession Planning A Relevant Factor For Overlooking Seniority?
Debate in the media and discussions in the bar highlight that one of the reasons for the Supreme Court collegium recommending a Judge, though Junior in all India seniority as well as in his parent High Court is the desire of the Chief Justice of India/the collegium to plan the succession to the office of the Chief Justice of India. The question that arises is whether this can be a relevant consideration in overlooking the inter-se seniority, the suitability and merit being the same.The majority...
Rafale: Supreme Court And Jurisdiction Of The Parliament
With increasing private investments in important sectors of the Indian State, the Comptroller and Auditor General (CAG) has become an important check on the economic decisions of the Executive. The CAG audit report under Article 151 of the Constitution gives detailed accounts of all transactions involving revenue payable to the Consolidated Fund of India. The jurisdiction of the CAG report has been a matter of judicial adjudication in the recent past—from cases on mining contracts to the...
New TRAI Rules : Impact On TV Channel Rates, DTH, Cable Operators.
"Pay for what you watch" - this seems to be motto of the new regulations and tariff order of the Telecom Regulatory Authority of India(TRAI), applicable to channel broadcasters, DTH and cable TV operators from February 1. Which are the new regulations? The new rules set to revolutionise TV viewing are : -Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017 and 'Telecommunication (Broadcasting and Cable) Services (Eighth)...
Role Of CJI In Collegium
The role of the Chief Justice of India and the extent of his powers in respect of making recommendations for appointment of Judges to the Supreme Court of India and the High Court as also transfer of Judges is being debated in the light of certain recent recommendations and appointments. This article is confined only to the Constitutional questionMedia reports have quoted "sources" which seem to suggest that there is a view that the Chief Justice of India, acting by himself, can reconsider the...
Supreme Court Directions On DGP Appointment And Federalism.
Straight to the point: Is the Supreme Court order dismissing the plea of some State Governments to implement their Police Law in respect of appointment of State Police Chief of their States a constitutionally acceptable one? Provisions of the Constitution raise its eyebrows and find difficult to digest the order. Chronicle of the order passed on January 15 starts with the petitioner, Prakash Singh, the former D.G.P. of Uttar Pradesh approaching the Supreme Court to issue directions to the...
