The fabled mythical horse, Pegasus, continues flying since I surveyed the equestrian jurisprudence of the Supreme Court of India (see Baxi, India Legal, November 1, 2021). The winged horse has appeared again, this time round in faraway California.
Relations between the Bench and the Bar, at least in the common law adversarial system, are always strained by the dynamics of operation of the “winner-takes-it-all” principle. Each side has a will to win, but in the final result, only one can succeed and other must lose.
The apex court and the Gujarat High Court have stressed that federalism is an integral aspect of the BSEF doctrine and thereby saved it from the excesses of the amending power.
The founding president of People’s Decade for Human Rights Education, Shulamith Koenig, believed that only a rights framework can encourage disciplined and socially responsible development through investment and trade