Indian Supreme Court to Review Hitherto Sacrosanct Laws

BBC NEWS | South Asia | India court opens laws to review

Judges led by the chief justice closed a loophole that has kept some laws from their scrutiny in a part of the constitution called the Ninth Schedule. The Ninth Schedule was created in 1951 to help protect progressive laws on land reform and ending feudalism, but critics say it has since been misused.

Unfortunately, a shortsighted solution to a problem will be misused. Shielding laws from judicial review is good if you have a reform minded  legislative, and an atavistic judiciary, which was presumably the case in 1950s India. Nehru and his parliament, fresh from the independence struggle, and eager to transfer power from the entrenched zamindari system to the proletariat enacted the ninth schedule as part of the first amendment to the constitution.
The judiciary, and I am guessing here (this is a blog, isn’t it!), was probably filled with remnants of the British Raj civil service, and hence full of entrenched interests. The situation is reversed now, with the judiciary (the higher reaches, that is) coming up through the ranks as lawyers, and the politicians, well, being Indian politicians!

Bad law enacted for a good purpose is still bad law, and this judgment will bring some sanity into lawmaking.

BTW, the list of laws that will come under scrutiny is long, it is a bunch of land reform, industry nationalization and tribal rights acts that will not be challenged. Number 116:

116) The Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of appointments or posts in the Services under the State) Act, 1993 (Tamil Nadu Act 45 of 1994).

This is the one that precipitated the review. This law called for a 69% of all college admissions in government institutions be based on a quota system to benefit “backward castes”. The supreme court had instituted a 50% cap. This law is sure to be challenged and since the protection under the 9th schedule is lost, will surely be overturned.

Similar Posts

  • |

    Fundamentalism alive and well in the US

    As a card carrying agnostic, my Hindu pride is not shattered, but these people need to get a life. Read the whole article, there’s more about “false gods” and such.

    Of course, some Hindus happily accept Jesus as another god, or avatar of some kind, so, fret not O denizens of Saved America, your god has already been assimilated into the Hindu pantheon.

    Christian activists disrupt Hindu prayer in US Senate-The United States-World-The Times of India

    Christian activists briefly disrupted a Hindu invocation in the US Senate on Thursday, marring a historic first for the chamber and showing that fundamentalism is present and shouting in the US too.

    Invited by the Senate to offer Hindu prayers in place of the usual Christian invocation, Rajan Zed, a Hindu priest from Reno, Nevada, had just stepped up to the podium for the landmark occasion when three protesters, said to belong to the Christian Right anti-abortion group Operation Save America, interrupted by loudly asking for God’s forgiveness for allowing the ”false prayer” of a Hindu in the Senate chamber.

    “Lord Jesus, forgive us father for allowing a prayer of the wicked, which is an abomination in your sight,” the first protester shouted. “This is an abomination. We shall have no other gods before you.”

  • | |

    Arsenic in the News

    Professor wins $1M for arsenic filter – Yahoo! News

    The National Academy of Engineering announced Thursday that the 2007 Grainger Challenge Prize for Sustainability would go to Abul Hussam, a chemistry professor at George Mason University in Fairfax. Hussam’s invention is already in use today, preventing serious health problems in residents of the professor’s native Bangladesh.

    This British Geological Survey website provides a good primer to the problem. Some key points:

    1. Arsenic is very toxic
    2. Arsenic is naturally occurring in the shallow groundwater aquifers of Bengal and Bangladesh at a toxic level
    3. The surface water is contaminated with bacteria and was responsible for high infant mortality, so aid agencies in the ’70s encouraged the use of tube wells and other groundwater pumps. While this contributed to a decline in infant mortality from gastrointestinal infections, it also dosed unsuspecting people with disease causing levels of arsenic
    4. The technology for removal of arsenic is very well known. But most solutions require electricity/periodic maintenance/technical skills and are thus not universal or sustainable.
    5. Simplicity is the key. You can’t tell the people to not drink the water, it is the only clean water available. You can’t install water treatment plants, there is no running water, you can’t rely on solutions that are centralized.

    So with all that in mind, here’s what Prof. Hussam did:

    The Gold Award-winning SONO filter is a point-of-use method for removing arsenic from drinking water.  A top bucket is filled with locally available coarse river sand and a composite iron matrix (CIM).  The sand filters coarse particles and imparts mechanical stability, while the CIM removes inorganic arsenic.  The water then flows into a second bucket where it again filters through coarse river sand, then wood charcoal to remove organics, and finally through fine river sand and wet brick chips to remove fine particles and stabilize water flow.  The SONO filter is now manufactured and used in Bangladesh. That’s great, and easy!

    That’s pretty much freshman chemistry right there, further proof that most innovation does not need new science, only people willing to spend some time on problems that don’t necessarily get looked at.

  • Bomb blasts kill 30 in Hyderabad

    Happens too depressingly often in India. There’s just too many people around, it’s very easy to hide,  counter-surveillance by police/intelligence agencies is lacking. Hopefully, it won’t ignite any  more violence, which is all the terrorists are hoping to do.

    Over 32 killed as terror strikes Hyderabad-India-The Times of India

    In two near-simultaneous terror attacks, at least 32 people were killed and 35 injured in two explosions at a crowded park and a popular eating joint here on Sunday evening, three months after the Mecca Masjid blasts.

    Twenty six people died and 22 wounded when an explosion ripped through Gokul Chat Shop at Kothi locality at around 7.30 pm, Andhra Pradesh Home Minister K Jana Reddy told reporters here.

    Six people, most of them from outside the state, were killed and 13 injured in another blast five minutes earlier in an open air auditorium in Lumbini Park near the state secretariat in the heart of the city when a laser show was on, he said.

    The condition of ten to 15 people in different hospitals of the city was stated to be serious.

    Chief Minister Y S Rajasekhara Reddy and Police Commissioner Balwinder Singh, who both visited the blast sites, said it appeared to be a terrorist act.

    A red alert was sounded across the twin cities of Hyderabad and Secunderabad and neighbouring Karnataka and the national capital Delhi in the wake of the blasts.

    Senior police and central intelligence officials indicated that the explosives used in today’s well-planned blasts were similar to those employed in Mecca Masjid explosions which claimed 11 lives in May this year.

  • |

    Pollution vs. Development? Hardly!

    It’s clean air vs. TV in poor India village – International Herald Tribune

    Across the developing world, cheap diesel generators from China and elsewhere have become a favorite way to make electricity. They power everything from irrigation pumps to television sets, allowing growing numbers of rural villages in many poor countries to grow more crops and connect to the wider world.

    The headline sucks, clean air vs. TV is not really the choice here. Is the implication that third worlders somehow need to make this a “choice”? It’s not as if the rest of the world has to make this “choice”! They do seem to have both. This is a situation where poor choices are made because of poor infrastructure. Other than the headline, it is a good article because it makes all the right points:

    1. Lack of infrastructure – No centralized power to remote areas
    2. Well meaning, but poorly executed subsidies – Cheap Diesel and Kerosene
    3. Subsidy induced corruption – Diesel/Kerosene pilfering
    4. Top down approaches to development – Throw the money, pay no attention to local experts, don’t follow up, then blame the lazy villagers!
    5. Competition for scarce resources with developed countries – Germany will outpay India for photovoltaics every time.

    Biomass burning as an alternative to diesel?

    Given the popularity of generators, perhaps the most promising alternative is a new type like the one at the edge of the village that contributes much less to air pollution and global warming. It burns a common local weed instead of diesel, costs half as much to operate, emits less pollution and contributes less to global warming.

    The main material is dhaincha, a weed commonly grown in India to restore nitrogen to depleted soils. The dhaincha grows 10 feet tall in just four months, with a three-inch-thick green stalk. Wood from shrubs and trees is used when there is not enough dhaincha.

    I am not a big fan of biomass burning, but using a weed that can be replanted repeatedly seems fairly harmless, especially compared to burning diesel.

    The project has succeeded partly because it has the active backing of one landlord family, the Sharans. Family members have gone on to successful business careers in big Indian cities and in Europe, and have dedicated themselves to helping their home village.

    Local involvement, especially by authority figures goes a long way in rural India.
    China does suggests another way forward.

    China has tried another approach: supplementing an expansion of electricity from coal-fired power plants with cheap rooftop solar water heaters that channel water through thin pipes crisscrossing a shiny surface.

    Close to 5,000 small Chinese companies sell these simple water heaters, and together they have made China the world’s largest market for solar water heaters, with 60 percent of the global market and more than 30 million households using the systems, said Eric Martinot, a renewable energy expert at Tsinghua University in Beijing.

    Not so hot during the monsoon, I guess! I remember a friend of mine having a solar heater in their home in the 1980’s. Their company used to make them, so it is old technology, with price being the prime barrier. It will work as a supplemental source, not as the prime source.

    Clearly, the wider availability and ubiquity of consumer electronics, and electricity-dependent agriculture has outpaced India’s, and to a lesser extent, China’s power infrastructure. It is easy to make a billion television, it’s not quite so easy to keep them powered!

  • Pakistan helped Kabul terrorist act on Indian Embassy

    American intelligence agencies have concluded that members of Pakistan’s powerful spy service helped plan the deadly July 7 bombing of India’s embassy in Kabul, Afghanistan, according to United States government officials.The conclusion was based on intercepted communications between Pakistani intelligence officers and militants who carried out the attack, the officials said, providing the clearest evidence to date that Pakistani intelligence officers are actively undermining American efforts to combat militants in the region.

    Pakistanis Aided Attack in Kabul, U.S. Officials Say – NYTimes.com

    Not terribly surprising, but it’s the first time they’ve actually been caught on tape helping terrorists. Countries have been invaded on far flimsier pretexts. Luckily, no Americans were harmed in the filming of this movie. So the ISI will just get a slap on the wrist. Of course, as you read the rest of the article, you find out that the mastermind of these attacks, just like most of the other senior militants, was funded and trained by the CIA in the 1980s. So, what good will come out of further American meddling is at this point in time, uncertain.

  • Violence in North East India

    ULFA attack has WB, Bihar on alert : ULFA, Assam, violence, Bengal : IBNLive.com : CNN-IBN

    In a brutal backtracking, after gunning down 17 non-Assamese workers on Friday in the Tinsukia and Dibrugarh districts, the ULFA went on a rampage on Saturday gunning down migrant workers from Bihar and Bengal.

    Assam is a state in North East India bordering West Bengal, and Bangladesh, and there has always been a lot of tension between the ethnic Assamese and Banglas from both sides of the border. The United Liberation Front of  Asom (ULFA)  purports to  speak for the Assamese and has been waging a violent armed struggle. Unfortunately, they are not really powerful enough to take on the Indian army and usually take their frustrations out on innocent day laborers. The Assamese feel that Banglas and Biharis are coming into their state and taking their jobs and disrupting their culture. Like any other ethnic situation in India, it is complex, messy, and with no “right” or “easy” solutions. Clearly, increased development in neighboring states would keep the Banglas and Biharis from moving.  But, thanks to its oil reserves, the jobs are in Assam. The Indian army has been active in this area as a counter insurgency force since the ’80s. Complicating the matter are the mountainous  terrain and the remoteness of most of these attacks.

2 Comments

  1. Let’s hope that this new judgment will be able help correct those laws at least which the unscrupulous politicians want to enact or had enacted for their narrow political gains and not for the public interest.

  2. Ashok:

    Well, just looking at the long list of cases that can now be reviewed, the reservation bill was the only one that struck me as an egregious violation of the constitution/rulings of the supreme court. Whatever one’s opinions on 69% reservation may be, this one was a flouter that will be overturned. What was also striking about the list is the absence of other major political hot button issues. Yes, a lot of land reform/reorganization and industry nationalization proposals, but not much more. I was surprised to see the actual lack of misuse.

    However, if this had not happened, more governments would have followed the TN government’s strategy, so this is a good judgment.

Comments are closed.