A recent SCOTUS decision about the “ordinary meaning” of words in the statute makes for strange reading. The Indian SC too has resorted to such rules of “ordinary meaning”, but the judicial recourse in both societies is rather puzzling, if not extraordinary.
The conviction of the “butcher of Srebrenica”, Ratko Mladić, should be hailed as it conveys the message that genocide perpetrators will be held liable and morally responsible for their acts and omissions.
In the case of facilitating British citizenship to children born of legal migrants who were law-aiding British citizens, it should be seen that their core human rights are not violated and justice is dispensed.
The Kenya High Court extending the basic structure doctrine is people-centred rather than State-friendly. It prescribes a constitutional disciple and responsibility on the executive and legislature, even in a system providing referendum for ultimate constitutional change
I shared a warm and cordial friendship with this votary for human rights and multi-faceted personality. He not only protected the freedom to dissent but practised remarkable hospitality to public criticism.
Judicial exasperation was seen in many orders, be it dealing with the Covid-19 situation or the EC’s conduct during polls. The judiciary has tried to ensure that constitutional discipline on power becomes an asset, not a liability, during the pandemic.
While the Constitution abhors the idea of indefinite incarceration, there is a culture of opposition by law enforcement agencies to deny bail. Indeed, time is at hand to redress this state of affairs, with firm judicial leadership.
There is a constitutional right to speedy trial, but this often does not take place due to case overload in courts. The apex court needs to devise an effective policy on wrongful charging, prosecution and incarceration.
Even as the conceptions of the right to freedom to assemble and public order are under scrutiny in India, the Ugandan constitution shows the way ahead. Nowhere does it suggest that the ways of policing may downgrade dissent or adjudication of rights in conflict.
An admirable judgment from the Madras High Court relieved a trader from paying license fee during the lockdown and focuses on the “impossibility” of performance of the contract and sees it under the scanner of Article 14.