http://www.criticaltwenties.in/lawthejudiciary/the-political-and-the-personal Powered by Webshore Tue, 14 Apr 2015 02:34:47 +0000 hourly 1 http://wordpress.org/?v=3.3.1 http://www.criticaltwenties.in/lawthejudiciary/the-political-and-the-personal#comment-1790 Arghya Mon, 08 Nov 2010 23:44:18 +0000 http://www.criticaltwenties.in/?p=1437#comment-1790 Nice post Eesvan. I agree with the third point that it's hard to distinguish between the personal and the political and the courts should err, if at all, towards free speech while deciding this. But on the other two points of separation of powers and the issue of the court quashing an election for malpractice, I think that in principle there is nothing wrong. It is an illegality, the judiciary exists to correct such illegalities and it has done so. There is really no question of deference or relative institutional competence, the classic separation of powers issues, here. The mere fact that it has something to do with an election, and hence the legislature, should not automatically breach separation of powers. I'd be interested to know what you think. Nice post Eesvan. I agree with the third point that it’s hard to distinguish between the personal and the political and the courts should err, if at all, towards free speech while deciding this. But on the other two points of separation of powers and the issue of the court quashing an election for malpractice, I think that in principle there is nothing wrong. It is an illegality, the judiciary exists to correct such illegalities and it has done so. There is really no question of deference or relative institutional competence, the classic separation of powers issues, here. The mere fact that it has something to do with an election, and hence the legislature, should not automatically breach separation of powers. I’d be interested to know what you think.

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