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.
Though the Democrats have now captured the commanding heights in the House of Representatives and a majority of the Senate in the US, they still require support from Republican senators to impeach Donald Trump
The Constitution, through Articles 15 and 16, seeks to crystallise the idea of “complex equality” and the trilogy of Pavitra v Karnataka illustrates this. The apex court has thus emerged as the moral pedagogue of social justice.
The election marks the resurgence of the American dream. But President Trump alleging “systematic” voter fraud even after the results were out is a constitutional disgrace. One hopes no further unbecoming conduct will mark the smooth transition of democratic power.