Purity of and transparency in elections on April 26, 2016President Abraham Lincoln defined democracy as ‘government of the people, by the people, for the people’. Lincoln had also propounded that ballot is more powerful than bullet. Dr Basus’ locus classicus on constitution has defined democracy thus: “One of the three forms of government: that in which the Sovereign Power is neither lost in man, […]
The oath of the Quaid-e-Azam on April 22, 2016An unnecessary controversy has arisen about the oath of the Quaid-e-Azam as governor-general of Pakistan. Lord Mountbatten tried his best to be the joint governor-general of the two dominions: India and Pakistan. Constitutionally, it would have been unworkable; among other reasons, on the number of issues the cabinets of the two Dominions would have given […]
Indiras emergency in India on February 19, 2014On June 12, 1975, the Allahabad High Court ruled that Prime Minister Indira Gandhi should be unseated and told the Congress Party to make alternative arrangements for running the government. Indira consulted S S Ray, Chief Minister of West Bengal, who advised her not to resign. An appeal was filed in the Supreme Court and, […]
Jinnah and Gandhi and the Indian Constitution on October 11, 2013Quaid-e-Azam Mohammad Ali Jinnah was a combination of rare qualities. He had the charisma of Churchill, dignity of De Gaulle, greatness of Gandhiji, magnetism of Mandela and objectivity of Obama. His achievements are well known. In this article I shall deal with an unusual topic: the contribution of Mohammad Ali Jinnah and Mahatma Gandhi to […]
Contempt of court II on August 19, 2013The Law of Contempt did not and cannot stop criticism of the courts. Quaid-e-Azam Mohammad Ali Jinnah and Mahatma Gandhi, both barristers, made comments about the highest tribunals. In February 1925, Sir Hari Singh Gower moved in the Legislative Assembly of India a resolution for abolishing the jurisdiction of the Privy Council and for the […]
Contempt of court I on August 18, 2013In the Indo-Pakistan subcontinent, most of the superior courts had British Chief Justices. The summary practice of contempt of court was imported from the UK. From very early times, the King’s Council took interest and with the passage of time the jurisdiction regarding contempt proceedings passed to the infamous Star Chamber. When the Star Chamber […]
Commissions of inquiry II on July 24, 2013The government of Pakistan by a notification dated December 26, 1971 appointed a Commission of Inquiry to go into the events leading to the dismemberment of Pakistan in 1971. The commission, headed by Justice Hamood-ur-Rehman, Chief Justice of Pakistan, submitted its reports but their publication was withheld. When an Indian journal published extracts from the […]
Commissions of Inquiry I on July 23, 2013In the subcontinent, during the British period, as regards the Native States, appointment of Commissions by the Viceroy in the misconduct of the rulers was well established. In or about 1904, the Maharajah of Panna was removed as a result of the findings given by the Commission appointed by the Viceroy. The Maharajah filed a […]