After learning from a occupation professional what the requirements for a occupation in law are, you have accomplished your basic stage and have taken the "LSAT" Law University Skills Test. With your "GPA" Excellent Factor Frequent and LSAT location data in side, you may now go to an online law strategy forecaster web page and get into your data to see what the opportunity is of your success in being acknowledged to the Top Law Organizations you are considering for getting your law stage. Reinforced by strong research, these forecaster applications can provide very information to all potential law learners.
There are currently four the front prediction side hand calculators available online. They are the Time University of Physician Law University Probability Bank financial loan financial financial loan financial calculator, a University of Physician website; Law University Probability Bank financial loan financial financial loan financial calculator (which is a individual site); Law University Entrance Council's Search for Organizations According to "UGPA" University Excellent Factor Frequent and LSAT rankings (more commonly and simply known as the "LSAC" Law University Popularity Government bodies Calculator); and "LSP" Law University Forecaster. All four use the data from your LSAT location and your basic "GPA" Excellent Factor Frequent as information for determining your opportunities of hitting access to various law programs.
How A Law University Forecaster Website Benefits Potential Law Students
The Time University of Physician Probability Bank financial loan financial financial loan financial calculator is an academic web-based source for University of Physician learners and others. It uses only "LSN" Law University Across the country information (gathered from all the law stage schools) that is self-reported by leads then creates possibility results. This web page aggregates this information to determine the reader's charges in contrast to all LSN leads with similar rankings who acquired access to different specific law programs. The results are specific in a "Record" main. Also specific in another main are charges of those who were acknowledged with more extreme rankings than the individual. However, another main information charges of those with greater rankings who did not get acknowledged. When reading the results, if the "In with Worse" data are greater, you take a location a better potential for the front. If the "Rejected with Better" data are low, you also take a location a greater potential for the front. You may also track your assessment amount according to leads who are wait specific and by account discounting in assessment to "URM" Under Unveiled Unprivileged leads.
Law University Forecaster (LSP) provides assessments with the top 100 full-time school programs, full-time unranked law programs and universities with part-time law programs. It is determined by all law studies' acceptance collection treatments (which each creates from their own kids' data) plus the 75% and 25% GPA and LSAT information of learners who matriculated from each school to create possibility charges. This strategy also factors in information on URM location and its most unique element is the application of a cannot be seen charge or increase to the reader's opportunities based on being a splitter, although this element of the strategy is still being developed. A splitter may have a excellent LSAT location in contrast to his or her GPA, or a lower LSAT with an improved GPA. The latest available forecaster strategy available, it is also a lot the most gradually of the four.
The Law University Probability Bank financial loan financial financial loan financial calculator is generally like the Time University of Physician choice, but with less included features. It also makes a 95% period of confidence using logistic regression to provide information the individual can see at the web page. The Law University Entrance Government bodies Bank financial loan financial financial loan financial calculator takes all the gathered information from leads of the previous the front design at each school to generate its possibility quotes. This web page shows the results as shaded bar index charts, with natural for the candidate's prediction and natural for the university's family member information. Because the prediction range can be very wide at times, a number of the very top law programs choose not to sign up in this site's strategy, so quotes for you with those universities are not available.
Saturday, February 4, 2012
Understand the Law of Demand and Supply
Microeconomics is a concern with
1. Identifying the price we pay for products or services.
2. What result is required by the market.
3. The effect of the national arbitration in market creates.
Understand the microeconomics will help us to evaluate the important characteristics of offer and need ideas and how they effect the function of a market economic climate.
A. Demand
In terms of microeconomics,demand is placed as the relationship between the price of an item or service and the consumer wish to purchase a certain excellent.The law of need also determine the price and excellent promoted, if the price of certain strengthen then the features of items promoted decrease and the price of certain decrease then the features of items promoted strengthen.
B. Supply
Supply options indicate a company wish to produce and sell at the existing rate and these factors all effect the company features. offered. For most items, the quantity offered will strengthen as the budget increases, all other factors staying continuous.
The Law of Provide decides as a) The quantity offered increases as price increases.
b) The quantity offered lowers as price lowers.
c) Manufacturers strengthen the offer as their items expenditures rise.
C. Balance of Need and supply
When the price fall to the level the buyers are willing to pay, this creates tranquility. The opposite effect occurs when expenditures are too low. In fact, the creates of offer and need lead to an tranquility price and quantity.
a) As need is higher than offer, expenditures strengthen.
b) As offer is higher than need, expenditures decrease.
c) Only one price ensures equilibrium
D. Other impacts There are four important changes we can analyze, each swap having an effect on offer or demand:
a) Positive need swap will strengthen need.
b) Negative need swap will decrease of need.
c) Positive offer swap will strengthen need.
s) Negative offer swap will decrease of need.
E. Administration intervention
Government arbitration is designed to achieve the following:
a) A reasonable submission of income among individuals and parts.
b) To motivate growth in employment and income.
c) To secure low-income earners.
1. Identifying the price we pay for products or services.
2. What result is required by the market.
3. The effect of the national arbitration in market creates.
Understand the microeconomics will help us to evaluate the important characteristics of offer and need ideas and how they effect the function of a market economic climate.
A. Demand
In terms of microeconomics,demand is placed as the relationship between the price of an item or service and the consumer wish to purchase a certain excellent.The law of need also determine the price and excellent promoted, if the price of certain strengthen then the features of items promoted decrease and the price of certain decrease then the features of items promoted strengthen.
B. Supply
Supply options indicate a company wish to produce and sell at the existing rate and these factors all effect the company features. offered. For most items, the quantity offered will strengthen as the budget increases, all other factors staying continuous.
The Law of Provide decides as a) The quantity offered increases as price increases.
b) The quantity offered lowers as price lowers.
c) Manufacturers strengthen the offer as their items expenditures rise.
C. Balance of Need and supply
When the price fall to the level the buyers are willing to pay, this creates tranquility. The opposite effect occurs when expenditures are too low. In fact, the creates of offer and need lead to an tranquility price and quantity.
a) As need is higher than offer, expenditures strengthen.
b) As offer is higher than need, expenditures decrease.
c) Only one price ensures equilibrium
D. Other impacts There are four important changes we can analyze, each swap having an effect on offer or demand:
a) Positive need swap will strengthen need.
b) Negative need swap will decrease of need.
c) Positive offer swap will strengthen need.
s) Negative offer swap will decrease of need.
E. Administration intervention
Government arbitration is designed to achieve the following:
a) A reasonable submission of income among individuals and parts.
b) To motivate growth in employment and income.
c) To secure low-income earners.
lexisnexis law school
How to choose a excellent monetary consultant and discovering the best one for you is much like discovering prospects in search of employment; you are the company and the consultant is the personnel. Operating in the area of property preparing, I can provide some requirements I look for in light of my experience utilizing monetary experts.
Here are seven guidelines when "interviewing" prospects that are competitive for your business:
(1) Certified Referral: Did the selection come to you, or did you get in touch with the selection, according to a capable referral? By "qualified professional suggestions," in other terms, is the selection someone who was suggested to you according to their confirmed achievements with their customers, or is it someone whom is referenced you because of a person you believe in that is creating a recommendation? Keep in mind that experts are in a enterprise which depends on recommendations. Analysts are also in "sales." Therefore, they are regularly taking recommendations from new customers who have yet to "qualify" the professional suggestions according to analyze confirmation of their advisor's real efficiency - though the individual may have obtained assistance or service and thus wants to advertise their consultant.
(2) Purpose Ratings: There are resources such as A.M. Best and TheStreet.com (formerly known as Weiss) that rate monetary organizations with an A,B,C, (+/-), system. These are employed to know if the consultant performs for a well ranked company or company. Yet, at least with A.M. Best insurance and monetary organizations pay for their rankings to be released, which then calls into concern detachment. So, depend on more than just one score resource. There are also the Better Business Institution reviews (BBB), Protection and Change Commission payment rate (SEC) and Financial Market Regulating Specialist (FINRA), as well as the Government Cope Commission payment rate (FTC) that say any wrongdoings dedicated by monetary among other organizations. Looking through the above will at least expose any "red banners."
(3) Settlement Pushed Advice: Unfortunately, those in monetary opportunities may like other sales-related businesses be presented to analysis. When it comes to creating monetary suggestions, advisors' own conformity demands acceptability, somewhat, according to whether the item or service suggested moves a "suitability" analyze. The SEC thus has some built-in customer rights in its rules. However, loan agencies is very brilliant to make product or service suggestions that can get around relevance limitations in in search of to be one step before SEC. As such, know how much your consultant is creating on the deal as well as exactly what his or her organization's discuss is of the compensation. The tutorial of the last is that experts are infamous to make suggestions according to compensation.
(4) Do not be misled by ensures of any kind: If your consultant ensures anything, be extremely doubtful. Some monetary equipment, such as cash value in a whole life insurance plan, can have some level of confirmed security of major. Yet, with any third celebration positioning your money or resources,even if FDIC covered, there are no 100% ensures - although there are some monetary equipment that are more secure than others (FDIC covered being relatively safe). In fact, guarantees of ensures on monetary loans or strategies that are not so can get an consultant in issue with his or her regulatory organization.
Here are seven guidelines when "interviewing" prospects that are competitive for your business:
(1) Certified Referral: Did the selection come to you, or did you get in touch with the selection, according to a capable referral? By "qualified professional suggestions," in other terms, is the selection someone who was suggested to you according to their confirmed achievements with their customers, or is it someone whom is referenced you because of a person you believe in that is creating a recommendation? Keep in mind that experts are in a enterprise which depends on recommendations. Analysts are also in "sales." Therefore, they are regularly taking recommendations from new customers who have yet to "qualify" the professional suggestions according to analyze confirmation of their advisor's real efficiency - though the individual may have obtained assistance or service and thus wants to advertise their consultant.
(2) Purpose Ratings: There are resources such as A.M. Best and TheStreet.com (formerly known as Weiss) that rate monetary organizations with an A,B,C, (+/-), system. These are employed to know if the consultant performs for a well ranked company or company. Yet, at least with A.M. Best insurance and monetary organizations pay for their rankings to be released, which then calls into concern detachment. So, depend on more than just one score resource. There are also the Better Business Institution reviews (BBB), Protection and Change Commission payment rate (SEC) and Financial Market Regulating Specialist (FINRA), as well as the Government Cope Commission payment rate (FTC) that say any wrongdoings dedicated by monetary among other organizations. Looking through the above will at least expose any "red banners."
(3) Settlement Pushed Advice: Unfortunately, those in monetary opportunities may like other sales-related businesses be presented to analysis. When it comes to creating monetary suggestions, advisors' own conformity demands acceptability, somewhat, according to whether the item or service suggested moves a "suitability" analyze. The SEC thus has some built-in customer rights in its rules. However, loan agencies is very brilliant to make product or service suggestions that can get around relevance limitations in in search of to be one step before SEC. As such, know how much your consultant is creating on the deal as well as exactly what his or her organization's discuss is of the compensation. The tutorial of the last is that experts are infamous to make suggestions according to compensation.
(4) Do not be misled by ensures of any kind: If your consultant ensures anything, be extremely doubtful. Some monetary equipment, such as cash value in a whole life insurance plan, can have some level of confirmed security of major. Yet, with any third celebration positioning your money or resources,even if FDIC covered, there are no 100% ensures - although there are some monetary equipment that are more secure than others (FDIC covered being relatively safe). In fact, guarantees of ensures on monetary loans or strategies that are not so can get an consultant in issue with his or her regulatory organization.
Thursday, August 20, 2009
Karnataka HC Judge's bold, and refreshing article
Rarely, HC Judges take a public position, which is opposed to that of the Chief Justice of India and his brother Judges in the Supreme Court. Therefore, Justice D.V.Shylendra Kumar of Karnataka High Court's two-part article in New Indian Express on the question of Judges declaring their assets, and questioning the CJI's right to speak on behalf of the entire Judiciary in the country is sure to raise eyebrows. The author's observations are very persuasive: first, the CJI's views cannot be representative of the views of the other SC Judges or HC Judges on the matter. Second, in our scheme of things, the HCs are independent, and are not under the administrative control of the Supreme Court. He has also asserted his right to express his views freely on any matter without fear or favour.
The two-part article can be read here and here.
Justice Kumar is also reportedly exploring how to publicly declare his assets even in the absence of an agreed procedure. However, Justice Kumar's article is bound to raise issues of propriety because the Delhi High Court is still hearing the Supreme Court's appeal against the CIC decision on the assets case. Point No.8 in this Restatement of Values of Judicial Life is of particular relevance.
The two-part article can be read here and here.
Justice Kumar is also reportedly exploring how to publicly declare his assets even in the absence of an agreed procedure. However, Justice Kumar's article is bound to raise issues of propriety because the Delhi High Court is still hearing the Supreme Court's appeal against the CIC decision on the assets case. Point No.8 in this Restatement of Values of Judicial Life is of particular relevance.
Union of India v. Ramesh Ram: Notes on oral arguments before the SC Constitution Bench
[Readers are requested to first read the previous posts on the subject, to familiarise themselves with the issues]
Solicitor-General: Both the Tribunal and the Madras High Court have erroneously assumed that the relaxed category is the reserved category. The Civil Service Rule 16[2] is compliant with Article 335. The Rule enables use of transparent criteria in reservations which will not impair efficiency in services. There are two sets of people in reserved category: those with higher marks and those who need relaxation of marks to get into services. If under Article 335, (read Proviso to Art.335) relaxation is implicit, UOI assumes that if you are under relaxed category, then you are not inconsistent with efficiency. People under relaxed category can also perform without affecting efficiency.
In Nagaraj, the Supreme Court has held that efficiency in Art.335 is a guided expression. In Indra Sawhney, the Court held that the nature of relaxation does not determine the purpose of Art.16(4). Madras High Court and Tribunal have held that the moment you are in general list, you are out of the reserved list. According to Nagaraj,(Paragraphs 104 and 106 cited) efficiency is a variable factor and it is for the State to determine it. The High Court did not analyse it with reference to Nagaraj or Article 335. Article 16(4) has many dimensions including Article 335. Rule 16(2) is not violative of Article 16(4) at all.
The matter remained part-heard, and the names of the counsel who have so far argued are available here.
Additional Materials: The Hindu story on August 20.
Solicitor-General: Both the Tribunal and the Madras High Court have erroneously assumed that the relaxed category is the reserved category. The Civil Service Rule 16[2] is compliant with Article 335. The Rule enables use of transparent criteria in reservations which will not impair efficiency in services. There are two sets of people in reserved category: those with higher marks and those who need relaxation of marks to get into services. If under Article 335, (read Proviso to Art.335) relaxation is implicit, UOI assumes that if you are under relaxed category, then you are not inconsistent with efficiency. People under relaxed category can also perform without affecting efficiency.
In Nagaraj, the Supreme Court has held that efficiency in Art.335 is a guided expression. In Indra Sawhney, the Court held that the nature of relaxation does not determine the purpose of Art.16(4). Madras High Court and Tribunal have held that the moment you are in general list, you are out of the reserved list. According to Nagaraj,(Paragraphs 104 and 106 cited) efficiency is a variable factor and it is for the State to determine it. The High Court did not analyse it with reference to Nagaraj or Article 335. Article 16(4) has many dimensions including Article 335. Rule 16(2) is not violative of Article 16(4) at all.
The matter remained part-heard, and the names of the counsel who have so far argued are available here.
Additional Materials: The Hindu story on August 20.
Wednesday, August 19, 2009
Appointing "Independent" High Court Judges
In a post on SpicyIP, I reviewed a big ticket compulsory licensing dispute involving the sound recording industry on the one hand, and radio stations on the other. I went on to reflect on the competence of the current Copyright Board that is adjudicating this highly complex dispute. And asked if the Chairman of the Copyright Board, Dr Raghbir Singh was sufficiently qualified to merit his post.
The Copyright Act requires that the post of Chairman be occupied by a person who is qualified to be a High Court judge. Preliminary investigation led me to Dr Singh's CV, which does not carry any prima facie evidence of him having been an advocate of the High Court for at least ten years.
As many of you know, Article 217 (2) of the Constitution requires that:
"A person shall not be qualified for appointment as a Judge of a High Court unless he is a a citizen of India and- (a) has for at least ten years held a judicial office in the territory of India; OR
(b) has for at least ten years been an advocate of a High Court or of two or more such Courts in succession;"
Dr Singh, a PhD in law has had a very distinguished legal career including the following appointments:
1. Indian Legal Service of the Government of India as Parliamentary Counsel/legislative draftsman (September, 1980 – March, 2000)
2. Joint Secretary & Legislative Counsel (21.08.1991 to 20.08.1996) and Additional Secretary (21.08.1991 to 31.12.1997) in the Indian Legal Service in the Legislative Department, Ministry of Law, Justice and Company Affairs, New Delhi.
3. Secretary , Legislative Department, Ministry of Law, Justice and Company Affairs, New Delhi (01.01.1998 – 31.03.2000). 4. Secretary, National Commission to Review, the Working of the Constitution, New Delhi (01.04.2000 to 30.04.2002).
Impressive though they may be, do the above appointments qualify as "judicial offices" within the meaning of the Constitution? No, says the Supreme Court of India in Sri Kumar Padma Prasad v Union of India : (1992) 2 SCC 428, an important case concerning the validity of appointment of a certain Mr Srivastava to the Gauhati High Court.
The court effectively ruled that any post that is effectively controlled by the Executive (such as the post of Legal Remembrancer-Cum-Secretary, Law & Judicial, held by Mr Srivastava) could never qualify as a "judicial office" within the meaning of Article 217. In pertinent part, the court also endorsed the ruling in Chandramohan that although our Constitution does not envisage a strict separation of powers doctrine, it clearly advocates an independent judiciary: in fact such independence forms part of the basic structure of the Constitution.
Meaning of "Judicial Office"
I reproduce some extracts from the court that may be of interest to our readers:
"We are of the view that holder of "judicial office" under Article 217(2)(a) means the person who exercises only judicial functions, determines causes inter-parts and renders decisions in a judicial capacity. He must belong to the judicial service which as a class is free form executive-control and is disciplined to uphold the dignity, integrity and independence of judiciary.
....It is clear that the expression "judicial office" under Article 217(2)(a) of the Constitution has to be interpreted in consonance with the scheme of Chapter V and VI of Part VI of the Constitution. We, therefore, hold that expression "judicial office" under Article 217(2)(a) of the Constitution means a "judicial office" which belongs to the judicial service as defined under Article 236(b) of the Constitution of India. In order to qualify for appointment as a Judge of a High Court under Article 217(2)(a) a person must hold a "judicial office" which must be a part of the judicial service of the State.
....It is for the first time in the post-independent era that this Court is seized of a situation where it has to perform the painful duty of determining the eligibility of a person who has been appointed a Judge of High Court by the President of India and who is awaiting to enter upon his office. We looked into the official record and permitted learned Counsel for the parties to examine the same. We are at a loss to understand as to how the bio-data of Srivastava escaped the scrutiny of the authorities during the process of consultation under Article 217(1) of the Constitution of India. A cursory look at the bio-data would have disclosed that Srivastava was not qualified for appointment as a Judge of the High Court on the admitted facts which have been on the official files all the time.
Needless to say that the independence, efficiency and integrity of the judiciary can only be maintained by selecting the best persons in accordance with the procedure provided under the Constitution. These objectives enshrined under the Constitution of India cannot be achieved unless the functionaries accountable for making appointments act with meticulous care and utmost responsibility.
The independence of judiciary is part of the basic structure of the Constitution. The Directive Principles give a mandate that the State shall take steps to separate the judiciary from the executive which means that there shall be a separate judicial service free from the executive control. The Constitution scheme, therefore, only permit members of the judicial service as constituted in terms of Article 236(b) of the Constitution to be considered for the post of district judge and that of the High Court Judge."
Applying Padma Prasad to the Copyright Board Case
Coming back to the Copyright Board matter, it is clear that Dr Singh has never held a "judicial office" for the purpose of Article 217(2), as almost all of his appointments were under the control of the Executive. He does not therefore qualify to be a High Court judge and thereby, is not fit to sit as Chairman of the Copyright Board. Of course, this takes his current bio-data at face value and assumes that he has never been an advocate for ten years or more.
If the above holds true, the government ought to immediately review the situation and take steps to replace Dr Singh as Chairman. Else, these compulsory licensing proceedings, which are the first of their kind in India are susceptible to vitiation at a later stage. Clearly, more billing hours for the lawyers. But a sheer drag on the justice machinery in our country and a tremendous waste of resources for litigants who continue to operate in a climate of legal uncertainty.
The Copyright Act requires that the post of Chairman be occupied by a person who is qualified to be a High Court judge. Preliminary investigation led me to Dr Singh's CV, which does not carry any prima facie evidence of him having been an advocate of the High Court for at least ten years.
As many of you know, Article 217 (2) of the Constitution requires that:
"A person shall not be qualified for appointment as a Judge of a High Court unless he is a a citizen of India and- (a) has for at least ten years held a judicial office in the territory of India; OR
(b) has for at least ten years been an advocate of a High Court or of two or more such Courts in succession;"
Dr Singh, a PhD in law has had a very distinguished legal career including the following appointments:
1. Indian Legal Service of the Government of India as Parliamentary Counsel/legislative draftsman (September, 1980 – March, 2000)
2. Joint Secretary & Legislative Counsel (21.08.1991 to 20.08.1996) and Additional Secretary (21.08.1991 to 31.12.1997) in the Indian Legal Service in the Legislative Department, Ministry of Law, Justice and Company Affairs, New Delhi.
3. Secretary , Legislative Department, Ministry of Law, Justice and Company Affairs, New Delhi (01.01.1998 – 31.03.2000). 4. Secretary, National Commission to Review, the Working of the Constitution, New Delhi (01.04.2000 to 30.04.2002).
Impressive though they may be, do the above appointments qualify as "judicial offices" within the meaning of the Constitution? No, says the Supreme Court of India in Sri Kumar Padma Prasad v Union of India : (1992) 2 SCC 428, an important case concerning the validity of appointment of a certain Mr Srivastava to the Gauhati High Court.
The court effectively ruled that any post that is effectively controlled by the Executive (such as the post of Legal Remembrancer-Cum-Secretary, Law & Judicial, held by Mr Srivastava) could never qualify as a "judicial office" within the meaning of Article 217. In pertinent part, the court also endorsed the ruling in Chandramohan that although our Constitution does not envisage a strict separation of powers doctrine, it clearly advocates an independent judiciary: in fact such independence forms part of the basic structure of the Constitution.
Meaning of "Judicial Office"
I reproduce some extracts from the court that may be of interest to our readers:
"We are of the view that holder of "judicial office" under Article 217(2)(a) means the person who exercises only judicial functions, determines causes inter-parts and renders decisions in a judicial capacity. He must belong to the judicial service which as a class is free form executive-control and is disciplined to uphold the dignity, integrity and independence of judiciary.
....It is clear that the expression "judicial office" under Article 217(2)(a) of the Constitution has to be interpreted in consonance with the scheme of Chapter V and VI of Part VI of the Constitution. We, therefore, hold that expression "judicial office" under Article 217(2)(a) of the Constitution means a "judicial office" which belongs to the judicial service as defined under Article 236(b) of the Constitution of India. In order to qualify for appointment as a Judge of a High Court under Article 217(2)(a) a person must hold a "judicial office" which must be a part of the judicial service of the State.
....It is for the first time in the post-independent era that this Court is seized of a situation where it has to perform the painful duty of determining the eligibility of a person who has been appointed a Judge of High Court by the President of India and who is awaiting to enter upon his office. We looked into the official record and permitted learned Counsel for the parties to examine the same. We are at a loss to understand as to how the bio-data of Srivastava escaped the scrutiny of the authorities during the process of consultation under Article 217(1) of the Constitution of India. A cursory look at the bio-data would have disclosed that Srivastava was not qualified for appointment as a Judge of the High Court on the admitted facts which have been on the official files all the time.
Needless to say that the independence, efficiency and integrity of the judiciary can only be maintained by selecting the best persons in accordance with the procedure provided under the Constitution. These objectives enshrined under the Constitution of India cannot be achieved unless the functionaries accountable for making appointments act with meticulous care and utmost responsibility.
The independence of judiciary is part of the basic structure of the Constitution. The Directive Principles give a mandate that the State shall take steps to separate the judiciary from the executive which means that there shall be a separate judicial service free from the executive control. The Constitution scheme, therefore, only permit members of the judicial service as constituted in terms of Article 236(b) of the Constitution to be considered for the post of district judge and that of the High Court Judge."
Applying Padma Prasad to the Copyright Board Case
Coming back to the Copyright Board matter, it is clear that Dr Singh has never held a "judicial office" for the purpose of Article 217(2), as almost all of his appointments were under the control of the Executive. He does not therefore qualify to be a High Court judge and thereby, is not fit to sit as Chairman of the Copyright Board. Of course, this takes his current bio-data at face value and assumes that he has never been an advocate for ten years or more.
If the above holds true, the government ought to immediately review the situation and take steps to replace Dr Singh as Chairman. Else, these compulsory licensing proceedings, which are the first of their kind in India are susceptible to vitiation at a later stage. Clearly, more billing hours for the lawyers. But a sheer drag on the justice machinery in our country and a tremendous waste of resources for litigants who continue to operate in a climate of legal uncertainty.
Other Things and Constitution-Making
Fareed Zakaria's latest piece here captioned "If it's not a crisis, we can't fix it" provides an interesting backdrop to the problems associated with constitution-making. Since this blog lists 'other things' as part of its subject matter, I felt that this would be a good occasion to try and link 'other things' to 'law'. Zakaria speaks of how the American response to both the financial crisis of 2008 and to the post 9-11 terror threat stand in stark contrast to its attempt at healthcare reform. He suggests that perhaps the crisis is somehow conducive to prompt (and perhaps effective) decision-making. Constitutional thought also grapples with the question of how best to enact constitutions (or alternatively, how to legitimately interpret them).
Without getting into an inordinately detailed theoretical discussion, seeing as how some readers may not be intimately acquainted with constitutional dilemmas, I can state here that Ackerman's work deals with constitutional crises, which he terms the constitutional 'moment', although Elster points out that crises are not particularly the best occasions for quality drafting. The underlying principle is that the most effective and lasting constitutional solutions can be achieved during a period of crisis. A related question in constitutional theory is why constitutions are observed at all: does the crisis lend authority to constitutional text?
In India, the emergency and post-emergency era, in which courts undertook what S.P. Sathe termed 'self-legitimating' activism, could perhaps be said to have been one such crisis - which makes you wonder if judicial activism in India today derives its authority from the post emergency understanding of Indian constitutional law: not a unique idea, but an interesting thought for those that believe that good things too can eventually be achieved from the churning of an ocean (forgive the metaphor).
Without getting into an inordinately detailed theoretical discussion, seeing as how some readers may not be intimately acquainted with constitutional dilemmas, I can state here that Ackerman's work deals with constitutional crises, which he terms the constitutional 'moment', although Elster points out that crises are not particularly the best occasions for quality drafting. The underlying principle is that the most effective and lasting constitutional solutions can be achieved during a period of crisis. A related question in constitutional theory is why constitutions are observed at all: does the crisis lend authority to constitutional text?
In India, the emergency and post-emergency era, in which courts undertook what S.P. Sathe termed 'self-legitimating' activism, could perhaps be said to have been one such crisis - which makes you wonder if judicial activism in India today derives its authority from the post emergency understanding of Indian constitutional law: not a unique idea, but an interesting thought for those that believe that good things too can eventually be achieved from the churning of an ocean (forgive the metaphor).
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