The Role of Law Commission in Revamping the Overburdened Supreme Court

--B Muthu Kumar

The constitutional framers conferred extensive powers on the Supreme Court. The exercise of multitudinous functions heavily burdened the Court with cases within a short period of time after its inception. In spite of curtailing its jurisdiction, the Parliament has amplified it under Article 138 and the Court by its activist approach. Many proposals for reforming the Supreme Court were suggested then. Moreover, the Supreme Court itself expressed its inability in managing its docket on many occasions through its judgments. Nonetheless, it took certain policy decisions in entertaining the cases particularly under Article 32. Further, many public interest litigations were filed to restructure its jurisdiction. In this backdrop, the paper analyzes the jurisdiction of the Supreme Court and the downside of judicial activism that has resulted in litigation explosion. The issues relating to direct appeals from Tribunals and Commissions are also examined. Further, the various reports of the Law Commission are studied to know the suggestions to revamp the Supreme Court to its original character as contemplated by the constitutional framers. Finally, the possible reformatory steps are also analyzed by considering the practicability in establishing the National Court of Appeal.

© 2017 IUP. All Rights Reserved.

Educational Qualifications of Elected Representatives: Need of the Hour for a Progressive Democracy

--Masood Ahmad and Mohd Imran

Former Chief Election Commissioner S Y Qureshi has rightly said that the higher the position, the higher should be the qualification. There has been growing concern over the years in India about several aspects of our electoral system. One such is prescribing the mandatory educational qualification for contesting the election of MP and MLA. In the Constituent Assembly B R Ambedkar remarked that “I think that it is a matter which might be left to the legislatures. If the legislature at the time of the prescribing qualification feels that literacy qualification is a necessary one, I no doubt think that they will do it.” This seems to suggest that the framers believed that the power to the Parliament under the omnibus clauses of (which became) Articles 84 and 102, included the power to prescribe literacy qualifications. An attempt has been made in this paper to draw attention to the urgent need for electoral reforms, while making a balance between ‘wisdom’ and ‘knowledge’ for the better administration of democracy, in the light of the recent ordinances passed by Rajasthan and Haryana governments. The paper also discusses and critically evaluates the judgment of Haryana High Court in the case of Rajbala & Others vs. State of Haryana & Others while citing foreign instances.

© 2017 IUP. All Rights Reserved.

Access to Environmental Justice: Retrospect and Prospect

--V G Ranganath

Environment is an emerging area of specialization in the country. Solutions have to found consistently keeping in mind the human rights commitments and the rule of law framework. Access to justice has been recognized as a part and parcel of right to life in India and in all civilized societies around the globe. Article 21 of the Constitution of India not only protects the human rights but also casts an obligation on human beings to protect and preserve a species from becoming extinct; conservation and protection of environment is an inseparable part of right to life. The Stockholm Declaration or the Declaration of United Nations Conference on the Human Environment signed in the year 1972, to which India is a signatory, has laid down the foundation for sustainable development and urged the nations to work together for the protection of the environment. Conventions on Biological Diversity, signed in the year 1962 at Rio Summit, recognized for the first time in International Law that the conservation of biological diversity is “a common concern of human kind” and is an integral part of the development process. This paper focuses on environmental jurisprudence in the form of constitutional right to a healthy environment. The paper describes and analyzes the rulings of the Supreme Court with special reference to environmental aspects leading to unhindered access to justice.

© 2017 IUP All Rights Reserved.

A Critical Analysis of the Application of the Maxim Quicquid Plantatur Solo, Solo Cedit Under Cameroonian Law

--Fonja Julius Achu

Land matters in Cameroon are governed by customary and statutory laws. The maxim quicquid plantatur solo, solo cedit, which is of Roman origin, applies under statutory and not customary land law. This paper investigates why the maxim does not apply under customary land law in Cameroon. The paper does so through a reading of records mainly from documentary and internet search. The data thus collected constitutes the sources from which the law is drawn, stated and analyzed in the light of the stated aim of the paper. The results inter alia identify that the maxim does not apply under customary law but applies under statutory land law in Cameroon. The said results also highlight the limitations and advantages of the maxim. The results are significant as they expose the gaps in customary land law, and the paper concludes with suggestions on where the law should go.

© 2017 IUP. All Rights Reserved.

Genetically Modified Organisms in Agriculture and Judicial Activism: A Review

--Baseerat Fatima

Genetically Modified Organism (GMO) in agriculture is a subject matter of great concern nowadays because it is believed that it has severe ramifications if not dealt with vigilantly. Herein, the role of judiciary is very important along with the legislative policy, regulatory framework and its implementation. Agriculture has a main stake not only in the economy but also in every human being’s life. Therefore, introduction of biotechnology in the field of agriculture at international and national levels has raised unease regarding legal, social, ethical, environmental, health and economic issues. Throughout the world, including India, GMOs in agriculture have raised the above-mentioned issues which have been addressed by the judiciary. This paper reviews the role of judiciary in dealing with GMOs in agriculture.

© 2017 IUP. All Rights Reserved.