Keyword : Judiciary

Judges may well be preserving the hopes of citizens with rejection

Nobody is perfect. But the notion of hope in the delivery of justice is what the supreme court has tried preserve with the verdict on judges appointments commission (NJAC). The legis

Jaitley goes on social media to post his verdict against SC

Facebook founder Mark Zuckerberg, who will be in India later this month, is going to be pleased with this. Finance minister Arun Jaitley took to facebook to express his opinion on a serious subject

SC hearing raises hopes of resumption of appointments in higher judiciary

Early resolution of filing 400 odd vacancies in higher judiciary is possible soon. During Wednesday’s hearing on suggestions to be made to improve the collegium system of appointing judges, s

Criminal justice cannot allow violation of human rights of the suspect

The Working Group on Arbitrary Detention (WGAD), a United Nations body of independent human rights experts, has adopted its ruling on Julian Assange, founder of WikiLeaks, announcing his depriv

Temples of injustice

The supreme court is hearing a public interest litigation (PIL) questioning the ban on entry of women of the reproductive age in the Sabarimala temple in Kerala. The PIL was filed in 2006 by Indian

Cloaking `Aadhaar` with the sanctity of a law on disputable grounds

The government of India has tabled the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016 in the Lok Sabha. The proposed legislation seeks to give a lega

Interpreting the M in AMU

The Aligarh Muslim University (AMU) suffered a jolt on January 11 when the Modi government decided against supporting its case before the supreme court for minority status. Though during the UPA re

A forgotten reform

On March 30, Manipuri activist Irom Sharmila was acquitted by a Delhi court in an attempt-to-suicide case registered against her in 2006 for sitting on fast at Jantar Mantar in protest against a la

CJI turns defensive on Modi`s court holidays remark

he debate over the practice of summer vacations in Indian judiciary system was once again raked up when Chief Justice of India Tirath Singh Thakur stood in a defensive mode against prime minister N

To be on vacation or not to be is the question

The debate over the practice of summer vacations in the Indian judiciary has been reignited after the chief justice of India, Tirath Singh Thakur, stood in a defensive mode against prime minister N

Judiciary summer breaks: The jury is out

“My Lords, yours is a strange world indeed. Your year comprises of five months, your week comprises of five days and your day comprises of five hours.”  It

Allahabad high court judges to work during summer vacation

As many as 68 of the 79 sitting judges of the high court here as well as those at the Lucknow bench have given their consent to a proposal by chief justice DY Chandrachud to utilise the summer va

Fundamental rights vs fundamentalism

The Shayara Bano case has placed the Muslim personal law under the judicial scanner yet again. The supreme court is set to examine triple talaq, polygamy and other discriminatory practices against

Executive-judiciary conflict violates spirit of NJAC verdict

On October 16, the supreme court quashed the National Judicial Appointments Commission (NJAC) Act but set the ground for reform in the judiciary-led collegium system of appointment of judges.

Open letter to TS Thakur, chief justice of India

Justice TS Thakur, Chief justice of India. Dear Sir, I am writing this letter in the spirit of seeking an improvement in the working of the judiciary, and not as an exe

Justifying personal law discrimination

 The All India Muslim Personal Law Board (AIMPLB) has defended triple talaq and polygamy before the supreme court (SC). The argument that personal law is immune from judicial scrutiny will be

Balancing the rights – of mother and unborn baby

A recent Bombay high court judgment has emphasised that the right of women to make motherhood choices – whether or not to get pregnant and stay pregnant – is an inalienable natural righ

We had lawyers and media coverage, adivasis have nothing: Nandini Sundar

 Sociologists usually don’t make news, but Nandini Sundar has received a fair amount of media coverage in recent weeks for two reasons: just as her book, ‘The Burning Forest - Indi

Obsolete and redundant

The fecundity of the state legislatures has resulted in multiplicity of laws of the land, without eliminating those which have been rendered obsolete by changing times. The laws remaining on the st

State, vigilantes and the right to way of life

1. A worrying phenomenon has become widespread on the political horizon of our country. Extra-legal forces and vigilante groups have emerged under the wings of political parties. Most parties formi

9-0 to privacy!

The year is 2017 and a nine-judge bench of the supreme court of India has unanimously upheld the

Why judicial reforms matter

Two path-breaking judgments by the Supreme Court on privacy and triple talaq were a reminder of how much we have begun to rely on the judiciary to make sense of a conflicted world. Seventy years af

The challenge of judicial reforms

As argued in the previous article, it is patently clear why India should not postpone efforts to

Why the judiciary needs a revamp

There are two views on what happened in the supreme court on November 10. Some media reports described it as unprecedented and high-voltage drama. A senior advocate, however, points out it was neit

Is it time for a revamp of the judicial system?

Is it time for a revamp of the judicial

Reform, my lords, so that you may preserve!

Since English philosopher John Stuart Mill coined the phrase, “tyranny of public opinion”, it is more often used as a fig leaf for those whose last resort is politics.  

SC must be subject to constant scrutiny: Justice Chelameswar

The supreme court should be subjected to constant scrutiny so that it improves, Justice Jasti Chelameswar said at a book release function on Monday. This was his first public appearance in Delhi af

“Let the five senior judges decide allocation of cases”

Four senior judges of the supreme court have publicly made serious allegations against the chief justice of India. Will it have wider impact on judicial discipline?

‘Do you think janata will rise and tell the CJI how to run the court?’

You have remarked that the four judges who raised serious questions about the administrative functioning of the supreme court should be impeached. What made you ask for such an extreme acti

The yin benchmark

It was 42 years after independence that the supreme court got its first woman judge in justice M Fathima Beevi. And in January this year, when senior advocate Indu Malhotra was elevated from the ba

Mistrust between judiciary and executive widens

Justice Kurian Joseph of the Supreme Court, in a letter written to the Chief Justice of India (CJI) Dipak Misra had sought for setting up of bench of seven senior most judges of the apex court. He

Is the move to impeach the CJI ....

Is the move to impeach the CJI ....

Congress’s real agenda is Save Dynasty: Amit Shah

As the Congress leads a bunch of opposition parties in preparing to move an impeachment motion against the chief justice of India, Dipak Misra, BJP president has said its real agenda is not to save

Administration of justice should be in public: Upendra Baxi

The supreme court and the question of judicial reforms are much in debate these days. You have recently commented, “Any reform of the system will have to come from within the court it

For a 360-degree view of Indian judiciary

While judging a book by its cover is considered unfair, judging it by its title should not lead to the same charge, especially when the author – a veteran of legal profession, an acclaimed co

First meeting of Second National Judicial Pay Commission held in Mumbai

The first regional conference of the Second National Judicial Pay Commission was held in Mumbai on October 2. The conference was held to take inputs of judicial officers of lower judiciary on pay s

Language Bar

I heard this interesting anecdote from a dear colleague in Lucknow, late Tahir Abbas. His father had attended a meeting addressed by Muhammad Ali Jinnah in Lucknow before Partition and returned q

Disruptions in parliament: common perceptions and reality

Three points of common perception emerge when we talk of interruptions of parliamentary proceedings: first, the interruption is waste of public time and money; second, it results in failure on the

Justice Srikrishna on the importance of absolute truth

Former Supreme Court justice BN Srikrishna believes understanding truth in absolute sense is imperative, and quotes Indian scriptures, western philosophers, the Constitution and case laws in suppor

Judicial reforms must ensure speedy, timely justice: Gaurav Bhatia

Expressing regret over long trials of court cases in India and acknowledging that the justice delivery system in the country needs reforms, Gaurav Bhatia, BJP national spokesperson, has said that t

I owe much in my life to writing: Rajesh Talwar

Rajesh Talwar’s new fiction, ‘How to Kill a Billionaire’, explores crime, law and redemption in a deeply flawed world. It’s a story of a billionaire’s son going mi

“TV channels think they are deciders, prosecutors and judges”

Castigating media for cooking up false stories to push TRPs, top criminal lawyer Satish Maneshinde has said that TV channels try to manipulate and manufacture public opinion but once the story is o

V shape recovery an exaggeration: Gurcharan Das

The notion of a V-shape economic recovery is an exaggeration, and the informal economy and the poor have been terribly hurt during the Covid-19 period, says Gurcharan Das, author, commentator and p

Media trial a dangerous trend: Aryama Sundaram

There is a danger in media doing trials of ongoing cases and this must be stopped, says senior advocate Aryama Sundaram. He castigated media trials and said nowadays in media while a

Grossly improper for the minister to express opinion on sub-judice matter: KTS Tulsi

It is grossly improper for Maharashtra cabinet minister Nawab Mallik to express his opinion and court controversy in the ongoing investigation in the cruise drugs case involving Aryan Khan, son of

Judiciary encroaching on government space: Mahesh Jethmalani

The judiciary is encroaching on the government space and taking up matters of public policy which is the realm of the government, Mahesh Jethmalani, senior advocate and Rajya Sabha member, has said

How the pendency in Indian courts can be lowered

Speedy trial is an integral and essential part of the fundamental right to life and liberty enshrined in Article 21 of the Indian Constitution. However, delay in disposal of cases due to the upsurg

Legal Logjam: Does India need judicial reforms for swift justice?

Justice delayed is justice denied. That is what William British prime minister Ewart Gladstone said two centuries ago. It remains relevant in India today. This principle is held in high regard and

There should be rule of law, not law of rulers: Sanjay Hegde

Coming down heavily on Delhi’s Jahangirpuri demolition drive, senior Supreme Court advocate Sanjay Hegde has said that in recent years many bulldozers have been used at various places includi

Legal framework needed to regulate AI: Experts

As Generative Artificial Intelligence (AI) has completely changed the landscape, AI is impacting every area of human activity and endeavour. For India, the world’s most populous nation, AI ho

Making sense of a decade in the life of judiciary

Unsealed Covers: A Decade of the Constitution, the Courts and the State By Gautam Bhatia HarperCollins, 496 pages, Rs 699.00

A peerless introduction to Constitution – with Fali Nariman as your guide

You Must Know Your Constitution By Fali S. Nariman 500 pages, Rs 799 Published by Hay House Publishers India (Distributed by Penguin Random H

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now


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