Prof Upendra Baxi

A judgment passed by the Kerala High Court for compensation to the victims has been disregarded by the state. The judicial directions are based on fundamental rights and are not an example of judicial overreach

The Israeli government’s bid to control the judiciary led to massive public protests for months. It is hoped that greater constitutional wisdom and regard for the will of the people prevail

The Report recommends against the total repeal of the sedition law and is in favour of retaining and enlarging the offence. It could have thought of amendments to terror laws that would study the distinction between anti-State and constitutionally sincere criticism of governance.

Has the time come for the Supreme Court to suo motu articulate a cogent protection regime for the rights of those in prison or other forms of custodial confinement?

The compact judgment balances the concerns of unity and integrity of the nation with the requirements of procedural and substantive aspects of natural justice and holds that all administrative action is judicially reviewable.

Despite deep fissures between developed and developing countries, the Treaty is an extraordinary achievement for marine biodiversity and India has been a valuable ally to it.

While there is a clamour for reforms, a vital question remains. If the power to do things is subject to a law made by Parliament and it does not do so for 75 years, is the Supreme Court justified in disturbing the constitutional machinery in place?

The Bombay HC slammed the tendency by district judiciary to rubber stamp bail orders as they lacked reasoned elaboration. But the culture of summary justice is widely prevalent. Can algorithmic justice help? Or would it be regarded as deficient in due process?

The government seems to be upping the ante in its bid to make itself a participant in the judges’ appointment process. Recently, the Union law minister had suggested that collegium accommodate few of government nominees. The constant comments, suggestions and criticisms against the collegium system has taken the shape of power politics. Eminent law scholar Prof Upendra Baxi spoke to India Legal and explained the chess game of constitutional politics and power.

The SC’s Kesavananda Bharati moment came recently when it asked ex-president Maithripala Sirisena to personally pay a huge compensation to victims of the April 2019 Easter Sunday terror blasts.