"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.

Monday, June 1, 2009

Recent Judgment

Hair-raising judgment: on both counts

M.K.Balakrishnan v. Union of India. WRIT PETITION(C) NO.230 OF 2001

Few sentences into judgment, it is amply clear who wrote it. The Katju touch is ubiquitous. Reading it complete, i am puzzled, isn't he the very same who rekindled the discourse on judicial activism with the 'Katju School of thought on judicial restraint.'

The judgment reiterate the right to water as a fundamental right, part of Art. 21, giving me goose bumps. The judgment also lays down policy to be followed by the government by illuminating us the need to be scientific - a true devout of the fundamental duty to follow 'scientific temper'. It not only suggest a committee, but lays down its structure, constitution and mandate, making the Executive all the more relaxed and comfy. It is also a clarion call for all patriotic Indians to act. The judgment do not stop there either, being insightful of the lethargy of the executive, the case will be posted on every alternate Tuesday for monitoring. A hair-raising experience ofcourse.

I am waiting for that day when Executive is going to take away judicial functions to make the backlog plagued judiciary more efficient.

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