"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, December 24, 2008


The way laws are being made
The Hindu today carrys a news on the displeasure of the left parties on the way bills were passed in Parliament yesterday. Please also see the links of yesterday's post by Badri on parliamentary proceedings. The bills that were passed amongst others are the High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, Prevention of Corruption (Amendment) Bill, Compensatory Afforestation Fund Bill and the South Asian University Bill. All these bills were passed by voice vote with nil discussion among pandemonium, screaming for the blood of A.R Antulay. BJP was putting up a face of nationalism and patriotism by the fracas they were creating. What is forgotten there is the fact that it is equally patriotic to pay due attention to the law making process for which the legislature is primarliy responsible.
The bills that were passed have reach beyond the small poitical ends and populist voice that were staged in the Parliament. The way in which the treasury bench passed the bill were equally opportunistic and it is as if they got a walk over. In the end there is no attention is paid to what is going to be the law.

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