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reservations, Select Writings of Balagopal »

[21 Feb 2010 | 2 Comments | 16,675 views]
Ideology and adjudication: SC and OBC reservations

Adjudication of public issues is an ideological act. Courts say they do their job within the four corners of the law, but the four corners are only corners. The space enclosed may be quite wide, and can permit divergent tendencies, all of them passing for interpretations of the law or the Constitution. It is idle to pretend that this divergence is the result of a pure difference of a juridical character. There is considerable politics in these divergent tendencies, when social issues of significance are involved.
The vicissitudes of the law …

reservations, Select Writings of Balagopal »

[21 Feb 2010 | No Comment | 5,583 views]

Living apart as they do from social realities, judges sometimes come up with wrong judgements at disastrously wrong moments.
A notable feature of Indian society in recent years is that from out of disadvantaged people who are dealt with by the law as well as in the idiom of social justice as homogeneous classes (dalits, minorities, women, etc), categories asserting their further discrimination have emerged, seeking society’s attention to their particular plight. The situation calls for a sensitive response that will neither deny them further discrimination nor use it as a …