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Showing posts with the label Obligation against constitution

Plea in SC wants financial emergency declared to fight Covid-19

Hindustan Times March 26, 2020 The 21-day lockdown imposed across the country has effectively led to the suspension of fundamental rights of citizens and the same can be done only through an imposition of emergency as per the Constitution and not an order under the Disaster Management Act (Act) as was done by the central government, a petition filed before the Supreme Court on Thursday argued. The petition filed by Centre for Systemic Accountability and Change claimed that the divergence in steps taken by various state governments have led to confusion and lawlessness in the country and a unified command between central and state governments is required to deal with the situation. “This is the biggest emergency in independent India and it must be addressed as per Constitutional provisions through unified command between Central and State Governments”, the petition stated. It, therefore, sought imposition of financial emergency under Article 360 of the Constitution, a step...

Talking over a law: the need for public conversation on the judiciary

The Hindu Jan 18, 2018 There should be a frank public conversation on the judiciary — an internal patch-up is not enough As the consequences of the historic press conference of the four seniormost judges of the Supreme Court play out, a constant refrain that has been heard is of the need to resolve differences internally. This was always going to be the stock response of dominant sections of a legal and judicial fraternity that constantly speaks truth to government but is uncomfortable when the same standards are applied to them. Such a refrain, at first glance, is curious, as it appears to be an attempt to close the stable doors after the horse has bolted. But in reality it is the carefully calculated response of an entrenched mindset that seeks to maintain public confidence in the judiciary by keeping it insulated from public spotlight, discussion and criticism. It is this mindset that was challenged, in cause and effect, by the press conference. Lack of transparency ...