"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.

Sunday, October 12, 2008

News

Indispensability of Reasoned Judicial Decisions
http://www.hindu.com/2008/10/12/stories/2008101260760900.htm
Judiciary has been thought to have no duty to give reasons for its decision but have to offer reasoned decision. It may sound tautological for many. Indian Supreme Court has recently reiterated the duty of the court to render decions supported by reasons and the right of the parties to get reasoned decisions. Reasoned decisions and judgments that speaks its reason is an indispensable part of rule of law. The Supreme Court decided so in State of Himachal Pradesh v. Manoj Kumar @ Chhotu (http://www.judis.nic.in/supremecourt/chejudis.asp)
(For further reading, see, Cravens, Sarah,In Pursuit of Actual Justice. Alabama Law Review, Vol. 59, 2007Available at SSRN: http://ssrn.com/abstract=976382)

China to Extend Compulsory Education to Secondary Level

See, http://www.hindu.com/2008/10/12/stories/2008101261171600.htm

India has recognised the right to education, especially elementary education as fundamental right by judicial decisions. (see, Unni Krishnan, J.P. v. State of Andhra Pradesh at http://judis.nic.in/supremecourt/chejudis.asp). This was followed by the 86th Amendment of the Indian Constitution incorporating Article 21 A which mandates that "[t]he State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine." Pursuant to this, a Bill has been drafted in 2005, the Right to Education Bill. (The text is available at http://www.pratham.org/documents/RighttoEducationBill2005.pdf). The arguably greatest democracy is yet to pass the Bill to law.

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