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Judicial Office as Public Service: Need for Cultural Research and Innovation
There is a need to look at the judicial system in India on the basis of the fundamental rights of socio-economic justice in the context of fundamental right to culture given in Article 29 of the Constitution of India. This alone will make the judiciary into a Constitutional Institution of public service and take it […] -
Decline of Parliamentary Governance: Indian Scenario
Just as government is accountable to Parliament, Parliament as the highest legislative office of India owes its accountability to the people of India, the highest sovereign authority in a democracy. We are witnessing a steady decline in the use of productive time of Lok Sabha over the years. Frequent distractions in the Parliament reduced Question […] -
The Endangered Institution (of Governor): Problems and Prospects
Baxi defines crisis as a situation where “the structure of a social system allows fewer possibilities for problem-solving than are necessary for the continued existence of the system”. Where people desire change, but are unable to initiate or attain it. There arises a perception of crisis. Crisis is not a situation-it is incapacity to act. […] -
Constitutional Commitment to International Obligations
India is committed to promote friendly relations with other nations. Article 51 of the Constitution of India provides that India shall endeavor to promote international peace and security and also foster respect for International Law. India, as part of its constitutional commitment, constantly endeavors to give effect to treaties and international customs by enacting various […] -
Discourse on Access to Justice in India and Rise of Gram Nyayalayas at the Grass-Root
Administration of justice is the primary responsibility of the State. This includes a sacrosanct duty of the State to ensure equal access to legal services by all the citizens. Problem of inequality in accessing justice mechanism at minimum cost has been a widespread problem across almost all democracies globally. India is no exception to this […] -
Appointment of the Judges of the High Court in Australia: A Critique
The method by which judges are appointed is not simply an issue of constitutional governance but has significant implications on a range of discourses. The power and responsibility entrusted to the judges in modern constitutional governments makes it imperative to ensure that the selected method of appointing judges results in consistently good appointments. In this […] -
An Evaluation of the Working of the Right to Information Legislation in Contemporary Democracy
The free flow of information from the State to the citizenry and vice versa, is vital for the health of a modern-day democratic system. Despite being the largest participatory democracy in the world, the transition from a feudal society to a modern industrial society, has been rather slow in India. It is therefore imperative that […] -
“Environment Protection Authority, National Green Tribunal and Environmental Governance in India”
Environmentalism much like constitutionalism seeks to limit the autocratic tendency of technology driven growth with reference to our environment. Incidentally these two concepts have a lot in common. They are similar in their object and purpose and a lot more similar in their specific demands for creation of institutions that fulfill these objects. In fact, […] -
Indian Judiciary and the ‘State’ in Article 12 of the Constitution: Can there be an ‘Essential’ State?
An examination of the scope of ‘state’ under article 12 is important because it essentially defines the limits of the most fundamental of rights i.e the right to claim fundamental rights. In essence it is a matter of circumscribing the boundaries of a citizen’s relationship with the state and calibrating these parameters so that the […] -
Writ Jurisdiction and Stock Exchanges in India
This article examines the manner in which Indian Courts have construed the stock exchanges in respect of writ jurisdiction. The article focus on examining the manner in which the courts have perceived the stock exchanges in respect of writ jurisdiction under Article 226 of the Constitution and Article 12 of the Constitution. Thereafter, the article […]