The victims of the

The victims of the Bhopal catastrophe were denied the blessing of judicial activism when they challenged the amount of compensation,complete justice?the court could have served notices to them and heard their cause Obviouslythis was not done so as to upset completed commercial transactions Yetas many as 122 licences are now invalidated The 2G justices do not take kindly to A Rajas conduct; he declined to construct inter-ministerial cooperation as casting a veto power over his ministerial decisions In so doingsays the courtthe minister stage-managed the eventual outcomeyet it stops short of any judicial finding of mala fides The very last paragraph of the judgment insisting that all accused partiesinvestigating agenciesand CBI court judges shall decide the matter uninfluenced by this judgment remains fraught with many a future due process complication; surely a conviction based on no additional evidence than before the 2G court may be contested on the ground that the 2G justices had already prejudiced the accused Constitutional economics: The constitutional condemnation of the first-come-first-served principle raises several concerns Firstmyriad governmental agencies across the nation may never take recourse to this principle Secondall lawsregulationsand administrative polices that ordain the now discredited principle will have to be fully revised Thirdpublic auction is to now constitute the sovereign acceptable norm at all levels of micro-governanceeven panchayati raj institutionsgovernment-aided educational institutions and public dispensariesclinics and hospitalsfor example It is not clear that public auction is necessarily a cost-effective process always and everywhereeven in relation to natural resources an expression wide enough to include even minor forest produce The decision illustrates that our adjudicatory ways may make good law but poor economics The most eminent of our leaders of the barincluding the Attorney General of Indiaand all our justiceslack grounding in economic theory Thereforethey had no means in the 2G case to understand the economic implications of their decision The court would have been assisted better by the special economic adviserKaushik Basusayon matters such as modelling various rational choices for allocation of public resourcesor measuring the transaction costs of auction as the only available rational principleor about the economic effect of any decision in so vastly vital and volatile a sector as the telecom industry Even when the justices may have preferred to reach the same result eventuallytheir decision would not have been as poorly informed In conclusionthe 2G decision may have some unintended impacts No matter how the ongoing state polls or the 2014 general election affect the balance of political forcesthe already existing proposals to revert to executive supremacy over the appointment of high court and Supreme Court justices will be back on the active political agenda This power was wrested by the apex court unto itself through the device of a judicial collegiumwith final say over elevations In reverting to an earlier constitutional positionthere would bethusno direct attempt at framing limits curbing judicial activism; howeverthe executive will have the power to elevate justices more susceptible to the logic of financial globalisation I have no crystal ball to predict the prospects of judicial activism Regardlessa consequence of the 2G decision is to precisely open up this agendumthis time driven by communities of direct foreign investment and MNCs guided by political consensus The writer is professor of lawUniversity of Warwickand former vice chancellor of Universities of South Gujarat and Delhi For all the latest Opinion News download Indian Express App More Related News "I feel happy because he (the person) knows about his blood.

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said truck driver Hardeep Singh had been arrested and an FIR was lodged against him.point by point, others just come and go. and Mirzapur.” Kabir told reporters here at the success party of Dangal last night. blaming himself for the ‘murder’, hanging his head in apologetic shame?

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