tag:blogger.com,1999:blog-15602189.post3073548310744560863..comments2023-09-21T16:17:51.838+05:30Comments on Law and Other Things: Update on the Haj caseAnonymoushttp://www.blogger.com/profile/09348738084817273397noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-15602189.post-68867646320943711102012-05-20T22:43:20.630+05:302012-05-20T22:43:20.630+05:30Apparently, the Hajj subsidy is a way of subsidizi...Apparently, the Hajj subsidy is a way of subsidizing Air India to remain competitive rather than subsidizing Muslims. See Mohd Farooq's article here<br /><br />http://kafila.org/2011/02/28/the-myth-of-indias-hajj-subsidy-muhammad-farooq/Rohit Dehttps://www.blogger.com/profile/10974780088015911428noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-34871379762591097642012-05-15T16:44:02.805+05:302012-05-15T16:44:02.805+05:30thanks for your interesting comments and links.thanks for your interesting comments and links.Tarunabh Khaitanhttps://www.blogger.com/profile/07234574402062317396noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-62762670308763227172012-05-14T23:09:49.930+05:302012-05-14T23:09:49.930+05:30See also the reasoning here:
http://volokh.com/201...See also the reasoning here:<br />http://volokh.com/2012/05/13/minister-prosecuted-for-teaching-parishioners-to-hit-children-on-the-bare-buttocks-with-wooden-dowels/#disqus_threadportmanteauhttps://www.blogger.com/profile/08592953608708170931noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-85220329737337025882012-05-14T02:26:11.759+05:302012-05-14T02:26:11.759+05:30"So the reasoning of the Court is not exactly..."So the reasoning of the Court is not exactly based on liberal disengagement with religion. Quite the opposite, really."<br />Yes, that is disappointing. Even generally speaking, I am disturbed by the tendency of certain judges who employ folk wisdom, poetry, mythology, or philosophy as substitutes for legal reasoning and precedent (I'm thinking of a certain Justice K here). In this case, though, interpretation of scripture is a critical part of the rationale of the judgment. I hope the legal academy both discusses this disturbing tendency to co-opt extra-legal sources in their scholarship and also discourages students from this habit. Binding precedent is not flowery oratory. Judges should be as precise as possible and the use of these extra-legal sources just injects more uncertainty in a material that will be subject to repeated interpretation by litigants and lower courts.portmanteauhttps://www.blogger.com/profile/08592953608708170931noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-11150480328978604192012-05-14T02:14:13.361+05:302012-05-14T02:14:13.361+05:30"Can the Court set a policy aside without fin..."Can the Court set a policy aside without finding unconstitutionality?" I assume you also subsume "extra-statutory" with unconstitutionality in this context. And the answer should be no if you subscribe to a policy of judicial modesty. In India, we have become used to activist courts and activism is not such a dirty word as elsewhere (e.g. elsewhere it would be unprecedented if courts came up with very specific means of furnishing emergency care, or designed a public distribution system). Perhaps because the judiciary is very trusted in India compared to the legislature and executive, it is more palatable in the Indian context. Further, Indian courts cannot trust the executive to comply with their orders. As a student trained abroad, I found it unsettling that Indian judges would not dismiss cases after coming to a conclusion of whether a practice was legal/illegal and whether relief was warranted. Instead, the case lingered and orders were issued to an agency to check if the agency was complying with the previous order or not. Even though this practice looks odd to me, I am sympathetic because appellate courts in India recognize that even if they rule in a certain way does not mean that their ruling will be executed.portmanteauhttps://www.blogger.com/profile/08592953608708170931noreply@blogger.com