What Is India News Service
Thursday, November 08, 2007


The Judiciary in India is independent of the Government.  The independence is real, not only on paper.  The judiciary has unseated a Prime Minister in the past, issues orders to the Government, and hears and rules over Public Interest Litigations, which can be filed by anybody.

A national hierarchy of courts administers justice in India.  The apex court is the Supreme Court followed by High Courts in all the states and district courts.  'Judicial activism' has been seen in India.  This means that the Supreme Court and the High Courts in various states are free to ask the government to look into and rectify a certain matter even though nobody has brought before them a case or a petition related to that matter.  Even a report in the media can be used by the judiciary to issue an order to the government. 

Higher courts have appellate power over lower courts.  The Supreme Court has the widest appellate power over any final judgment of any High Court involving interpretation of the Constitution of India and other substantive questions of law.


Litigation is a much slower process in India than in most other countries because of a huge backlog of cases and a considerable number of frivolous cases.  Alternative Dispute Resolution (ADR) is therefore expected to grow at least for resolving commercial disputes.


Events in Pakistan have overshadowed recent developments in Sri Lanka and its impact in Tamil Nadu. (The Other Crisis, Times of India, Editorial, The Times of India, Nov 08, 2007)

Former Pakistan Prime Minister Benazir Bhutto threatened today to lead a mass protest heading to the capital unless President Pervez Musharraf quits as army chief, holds elections and restores the constitution. (Benazir Ultimatum To Pervez, Telegraph, Correspondent or Reporter, Nov 08, 2007)

The practice of businessmen lending money to their suppliers was not illegal and would not come under the Money Lenders Act, the Supreme Court ruled on Wednesday. (Money Lending Is Now Legal, Says Sc, Hindustan Times, A N Sudarsan Rao , Nov 08, 2007)

Former Prime Minister and PPP chairperson Benazir Bhutto today warned General Musharraf that she would launch a "long march" from Lahore to Islamabad next week if he failed to rescind the emergency, restore the Constitution and announced election schedule (Benazir Plans ‘Long March’, Tribune, Afzal Khan, Nov 08, 2007)

The last, wan defence but one is that Pakistan is too vast for any minority to rule effectively (Proud But A Failing State , Deccan Herald, Peter Preston, Nov 08, 2007)

Lately, saving Africa has become very fashionable. Hollywood celebrities are adopting African babies. (Time For The British To Pay Up In Kenya, Tribune, A N Sudarsan Rao , Nov 08, 2007)

Islamic militants have seized more than two-thirds of a key tourist valley in northwest Pakistan, despite a state of emergency imposed to tackle extremism, the police and residents said today. (Militants Seize Over Two-Thirds Of Swat Valley , Tribune, Correspondent or Reporter, Nov 08, 2007)

It may be that India remains the only stable democracy in this part of the world, but we are obliged to remember that our democratic habits and manners are under daily assault from different sources. (A Few Simple Lessons From Pakistan Statecraft, Hindu, Harish Khare , Nov 08, 2007)

Now that the Bharatiya Janata Party and the Janata Dal (Secular) have backed up with firm numbers their case for forming a new government in Karnataka, the Central government is left with no constitutional option but to revoke President’s Rule. (It’S A Numbers Game, Hindu, Editorial, The Hindu, Nov 08, 2007)

Pakistan dismisses “excessive” foreign criticism (We’Re Keen On Early Elections: Kasuri, Hindu, Correspondent or Reporter, Nov 08, 2007)

Though banned by law, corporal punishment continues to be meted out to students in schools across the country, often with tragic consequences, by teachers who clearly do not care a toss about rules and regulations, not least because they know. . . (Violent Teachers, Pioneer, Editorial, The Pioneer, Nov 08, 2007)

From India's point of view, what can be the worst case scenario in Pakistan? It is the replacement of President Pervez Musharraf by a coalition of the Jamaat-e-Islami (Jamaat) and its allies, the Taliban-Al Qaeda combine and the fundamentalist . . . (Draft A Plan Of Action, Pioneer, Hiranmay Karlekar, Nov 08, 2007)

ONGOING political turmoil and deteriorating security have purportedly touched off the proclamation of emergency rule in Pakistan. (Other Voices - Pusto Press, Dawn, Editorial, Dawn, Nov 08, 2007)

THE imposition of emergency rule throughout Pakistan on Nov 3 is a clear indication of the failure of the policies pursued by General Musharraf both as president and the patron saint of the ruling PML-Q which forms the rubberstamp government . . . . (Back To The Drawing Board, Dawn, Syed Shahabuddin, Nov 08, 2007)

GEORGE Orwell understood both tyranny and language very well. One of his many insights in this context is that tyrannical governments change the meaning of words. (Emergency Or Martial Law?, Dawn, Editorial, Dawn, Nov 08, 2007)

THE selection for this year’s Nobel Peace Prize has indeed come as a surprise. The Intergovernmental Panel for Climate Change (IPCC), a United Nations body, and Albert Arnold (Al) Gore Jr., the former Vice-President of the United States . . . . (Climate Of Peace, Frontline, R. Ramachandran, Nov 08, 2007)

Unnerved by the prospect of an adverse US review of its massive aid flows, Pakistan has deployed a team of top lobbyists to Capitol Hill to contain the fallout of President Pervez Musharraf's dictatorial measures in the US Congress. (Pak Hires Lobbyists To Contain Impact On American Aid, Pioneer, S Rajagopalan, Nov 08, 2007)

THE US, believed to be the biggest benefactor of Gen Pervez Musharraf, appears to be putting considerable pressure on him to quickly right the wrongs he has done in Pakistan, resulting in chaos all over that country. (From Bush To Mush, Tribune, Editorial, The Tribune, Nov 08, 2007)

Behind the public rage of Pakistan’s lawyers, who protested for a third day on Wednesday, lies a long-smoldering resentment toward the country’s military President, who at first held out a promise for educated, politically moderate Pakistanis. . . (Why Pak Lawyers Are At The Centre Of Protests Against General Musharraf, Indian Express, Correspondent or Reporter, Nov 08, 2007)

The Tehelka sting operation underscores the urgency of simultaneously pursuing the prosecution of the culprits and fighting Hindutva politically in a spirited way. (Unfinished Agenda, Frontline, Praful Bidwai, Nov 08, 2007)


More Judiciary stories


Home Page


Archives | Links | Search
About Us | Feedback | Guestbook

© 2007 Copyright What Is India Publishers (P) Ltd. All Rights Reserved.