"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well."

-Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Saturday, October 11, 2008

Comment

Justice Krishna Iyer on Rule of Law in The Hindu

This article raises an important issue, 'the executive's absolute power to sign treaties without Parliament’s sanction or supervision.' It is interesting to note that the Constitution of India does not mandate Parliamentary intervention. Experiences but have indicated time and again the need for a change in the basic law. Though the NCRWC dropped its elaborate preliminary proposals on treaty making power, (see http://lawmin.nic.in/ncrwc/finalreport/v2b2-3.htm) has retained the suggestion to have a comprehensive law to regulate the treaty making power of the Union Government. (see http://lawmin.nic.in/ncrwc/finalreport/v1ch5.htm)
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