India's First Dictatorship : The Emergency 1975-77

A recent book titled " India's First Dictatorship : The Emergency 1975-77 " by Christophe Jaffrelot and Pratinav Anil, sets out how the Judiciary Capitulated - Or Resisted - During the Emergency. This article seeks to highlight, a brave judgement delivered by Justice Sesha Iyengar Rangarajan of the Delhi High Court in a writ petition filed on behalf of the journalist Kuldip Nayar, father of Shri Rajeev Nayyar Senior Advocate. I would like to elaborate on this, since I have been...

Union Of India v K.A. Najeeb – A Ray Of Hope For UAPA Undertrials?

The Supreme Court (SC) on 1st February 2020 delivered an important judgment, Union of India v KA Najeeb (K.A. Najeeb), related to granting of bail in Unlawful Activities Prevention Act (UAPA) 1967 cases. The Court held that any constitutional court has the power to grant bail to people accused of offences under UAPA irrespective of Section 43-D (5), so as to enforce the right to speedy trial which is guaranteed under Article 21 of the Constitution. The judgment has been hailed as the step in...

Under RTI Lok Pal Minutes Are Not 'Secret'

Wrong invocation of two Supreme Court judgments While denying the minutes of appointment of Lok Pal, recently the Central Information Commission has wrongly quoted the two Supreme Court judgements and gave order exactly opposite to the letter and spirit of RTI jurisprudence and prudence. The Lok Pal as an institution is the result of the people's struggle against corruption. The civil society wanted a high-level body which can even question the allegations of corruption...

Important Judgments Passed By The Orissa High Court: January 2021

The High Court of Orissa has passed several vital judgments in January 2021. This month holds more importance as Hon'ble Dr. Justice S. Muralidhar took over as the new Chief Justice of the High Court on 4 January. Jurisprudence of several laws was evolved through some remarkable verdicts delivered throughout the month. Some of the most important decisions are briefly discussed below.1. High Court cannot act as a second court of first appeal in disciplinary proceedings. Case Details:...

A Truly Uniform Judiciary Through A Hybrid Hearing System

When we entered 2020, it was unimaginable that the Supreme Court of India would start its functioning completely online. The corridors till February were packed with lawyers and litigants, the court halls over-crowded, physical files being loaded in tons by the clerks and court staff to and from the court halls, internal arrangement of the court halls being constantly altered to accommodate the ever-growing assemblage of advocates. One recalls, with much nostalgia, even those moments of...

The Supreme Court Should Go Back To Doing What It Is Designed To Do By Our Constitution

In a village brawl a village elder ends the brawl by advising withdrawal from the ego fight and to let the by-gones be by-gones. Supreme Court tried to be that wise old elder unsuccessfully and drew a huge flack. Basically it is constitutionally unsuitable for such a role. However whether or not it was appropriate for it to do so, it halted the implementation of the Farm laws indefinitely. It constituted a 4 member Committee of experts in the field, to hear the grievances of the farmers and...

The Collegium & Open Secrets

Unlike the British and American Constitution, the Indian Constitution provided for a method of appointment that neither gives the executive absolute authority (which the British model does) nor does it permit the Parliament to have any role in the appointment (American model of appointment) that involves a possibility of subjecting judicial appointments to political pressure. The text of the Constitution postulated a consultative and participatory process which unfortunately has not been...

'The Wages Of Struggle : Putting Impunity First' - Dr Upendra Baxi's Talk On Kannabiran Memorial Lectures

[This lecture, delivered on 1st February 2021, was the Concluding Lecture of the KG Kannabiran Lectures on Law, Justice and Human Rights – organised by the family of KG Kannabiran (1929-2010) to celebrate his life, his work and its futures]. 1. Impunity, Democide, Constitutionalism I wish I had met with KG Kannabiran (fondly known to his family and friends as Kanna) more often than I did, so that I could have learnt and unlearned a lot. I have indeed met more...

"The Supreme Court's E-committee Can Enable Wider Access to Legal Resources: SCRs and ILRs, Low Hanging Fruit?"

As chairperson of the Supreme Court's e-committee, Chandrachud J has presided over a major drive to digitise court records and hearings. In public address, he has spoken about how technology can be "extraordinarily enabling and empowering for young lawyers" and has committed to developing technologies that would make justice delivery more inclusive. Supreme Court judgements are the stock-in-trade of lawyers. However, private databases that carry the judgements and that are accepted by...

Defending Human Rights, Challenging State Impunity : Henri Tiphagne's Talk At Kannabiran Lecture

[This lecture was delivered on 18 January 2021 as part of the KG Kannabiran Lectures on Law, Justice and Human Rights – organised by the family of KG Kannabiran (1929-2010) to celebrate his life, his work and its futures]. Abstract: Kanna advanced the argument that there should not be any form of prior sanction for prosecuting a policeman in a Human Rights Court. The fact that there is the establishment of a Human Rights Court at the district level under the protection of Human Rights...

Law, Liberty And The Lack Of Urgency In Dealing With Habeas Corpus Petitions By The Jammu & Kashmir High Court

Liberty is not a privilege, but a fundamental right guaranteed to all citizens under our Constitution. The High Courts and the Supreme Court are guardians of this right against State excesses. I have reviewed the functioning of the Jammu & Kashmir High Court vis-à-vis its adjudication of Habeas Corpus petitions filed before it in 2019. An evaluation of the data available on the High Court's website as on January 18, 2021, paints a rather regrettable picture of the performance of the...

CSR Amendment Rules, 2021: A New Paradigm

The concept of Corporate Social Responsibility (hereinafter referred as CSR) is known for its philanthropic nature. The term has its traces from the pre-independence era when Mahatma Gandhi urged rich industrialists to contribute their share of wealth towards poor and marginalized sections. Thus, CSR acts as an ethical obligation on the companies to utilize their resources in addressing the needs of society and to ensure the companies' sustainability in the long run. With the passage and...