"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.

Wednesday, October 29, 2008

News and Views

Word of Caution from CAG on NREGA
NREGA is also facing the same destiny of most of the government run benefit programme for the deserving. The report of the CAG highlights; under utilisation of funds, delayed or non- payment, inadequacies in maintenance of records and lack of accountability, as some of the reasons. These reasons are not new, they are the very same that plague every scheme of the government, whichever ministry be in charge. Despite such remarks time and again by CAG and other audit offices, if things do not change, it is time to rethink about how we react to these reports. Are they forming part of just another file or is there any action taken on such report. Seldom do we here that action has been taken on the finding of CAG. Without paying due attention to the recurring failure factors of the government sponsored programmes, pumping in more money or announcing more schemes would not 'ameliorate the poor' as every other scheme claim to be.

Law Commission Suggests Registration of Marriages and Divorces

See the report here.

Marriages and divorces being a domain under personal law has always been sensitive. The proposals for registration of marriages through civil adminstration have faced criticisms or apprehensions from certain quarters. This suo motu suggestion of the Law Commission need to be brought to public discsussion and opinion should be formed. Marriages and divorces do not rest only in the relgious turf but involves soical and legal issues. A law that could address these concerns need to be brought in without hampering any of the rightful religious elements involved within.


Panel: Why Shroud Judges’ Appointment in Secrecy?

It has been said 'sunlight is the best disinfectant'. Then why shouldn't sunlight flow through the process of judicial appointment, which admittedly is infected. Independence of judiciary is a crucial aspect for the survival of any polity and an indispensable aspect of constitutionalism. All discussion of independence and accountability of judiciary ought to start from the appointment of judges. Information regarding the appointing process is part of the right to information of any citizen of India. It is this right that need to be jealously guarded not the current maintenance of the secrecy shrouding the judicial appointment.

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