"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.

Thursday, October 23, 2008

News and Thoughts

Court Suggests for a Body to Regulate Muslim Marriages and Divorce
Religion and personal laws have always been sensitive issues. The ultra sensitivity, gained and granted, is counterproductive. Today everyone including the legislatures want to be politically correct and ensure vote banks. The suggestion of the court will be a step beneficial for the community itself. The Kerala High Court has pointed out that the declared Islamic countries have such regulatory and conciliatory bodies.
A grant of 65 % more the budgetetory allocation seems to be impressive. An economist would be in a better position to analyse its reach and adequecy. The challenge would be the transferring of benefits to the deserving through governmental channels, which are notoriously corrupt. Developing and actualising social audit should be given equal importance for an effective monitoring of the scheme.
The committee has also suggeted for establishment of regional benches of High Courts. The representation of the weaker sections of the society in all fields, including judiciary, is crucial for the emancipation of those sections and the entire society. The rationale of the committee is that the present judiciary lacks to appreciate the 'social flavour' of certain legislations. Look forward to see the data on which the committee has based this observation. Alarmingly, this is a reminder of the logic for superceding senior judges for the appointment of CJI by Indira Gandhi, that 'we need forward looking judges'.

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