Sub-Classification And Reservation

In State ofPunjab v. Davinder Singh (27 August 2020), a Constitution Bench of the Supreme Court headed by Justice Arun Mishra recently referred E.V. Chinnaiah v. State of AP, (2005) 1 SCC 394, to a larger bench for reconsideration. In Chinnaiah, the court had held that governments cannot introduce a special sub-quota, within the SC and ST quota, in favor a few castes or tribes who are more backward than others on the list. Davinder Singh's judgment now disagrees with this view but raises...

[Column] 'The Secret Of Life Revealed By Virtual Courts' By Justice Anand Venkatesh

I was overwhelmed by the acting skills of the protagonist in the movie and lost myself for nearly two hours. The performance of a comedian had me laughing for an hour or so. I was engrossed in reading a book which kindled my thoughts too. I was so enraptured by a song and its singer that it brought tears to my eyes. A poem kindled my inner thoughts and made me contemplate the purpose of my existence. As I recall these euphoric experiences, a thought that resonated in my mind was that the...

When The Dust Settles: An Ode To India's Incarcerated

This story has been told before. But it is important that it be told at every given opportunity. This is the story of how the state subverted the rule of law to stifle dissent. This is a story of how the judiciary in part – abetted – and in part – thwarted the state's attempt to incarcerate those who dared to speak against its excesses. Above all, it is a story of the resilience and unrelenting courage of those incarcerated. Two legislations have been deployed by the executive to...

Chief Justice Govind Mathur, Who Quashed Kafeel Khan's Detention, Has A Consistent Record Of Upholding Fundamental Rights

With the resounding verdict against the preventive detention of Dr. Kafeel Khan, which was greeted with jubilation by all those who stand for civil liberties and rule of law, Chief Justice Govind Mathur of the Allahabad High Court marked himself as an unfailing defender of the citizens' fundamental rights.In fact, Kafeel Khan's judgment is the last in the latest in the series of several recent judicial interventions made by Chief Justice Mathur whereby executive actions were questioned on the...

Remediless, Should A Judicial Order Violate Your Fundamental Rights?

The Supreme Court found a police officer, M.S. Ahlawat, guilty of forgery and of making false statements at different stages in a matter.[1] The Court proceeded to convict and sentence Ahlawat by its order of 17 January 1996 to undergo rigorous imprisonment for a term of one year for the offence under Section 193 IPC and for a term of six months under Article 129 of the Constitution for contempt of court. The sentences were directed to run concurrently. Ahlawat underwent the sentence...

The Maharaja Who Cheerfully Took A Palinquin Ride To His Hanging- The Trial And Judicial Murder Of Maharaja Nanda Kumar

Raja Nanda Kumar or Nuncomar missed Governor General Robert Clive dearly. The Governor General had so readily accepted his loyalty when Nuncomar shifted his allegiance from Nawab Siraj-Ud-Dullah who Clive had vanquished in Plassey. With Clive's blessing, the Governor of Hugli under the deposed "Nabob", had effortlessly transitioned to the epithet "Black Colonel" under the Company Bahadur. However, all that had changed and Clive's replacement Warren Hastings viewed him as part of ...

A Committed Judge In A Constitutional Democracy!

What should be the role of a judge in a constitutional democracy? Aharon Barak, former Chief Justice of Israel visualised that a judge besides dispute resolution must aim to accomplish two objectives: 'bridging the gap between law and society' and 'protecting the constitution and democracy.' Thus when interpreting a constitution or a statute, the judge must give the text a dynamic meaning, one that endeavours to bridge the gap between law and life's changing reality without changing the...

Can The EIA Law In India Broaden Its Horizon?

DRAFT EIA NOTIFICATION 2020 There is little doubt that the Environment Impact Assessment (EIA) process, practice and law is core for the environmental legal regulation in India. EIA is a tool designed to identify and predict the impact of a project on the bio-geophysical environment and on man's well-being, to interpret and communicate information about the impact of a project, to analyse site and process alternatives and provide solutions to sift out, or abate the negative...

After NLS Bangalore, Is NLU Delhi Headed For A Leadership Crisis?

After 12 years as the founding Vice-Chancellor at National Law University Delhi, Professor (Dr.) Ranbir Singh will demit office on 23rd September 2020. However, after a meteoric rise under Professor Singh's leadership, it looks like NLU Delhi is headed for a leadership vacuum later this month. With just 3 weeks to appoint a new Vice-Chancellor, the selection process that started in October 2019 seems to have stalled after almost a year. The University's Governing Council needs to meet to...

The Constitution Bench Judgment In Mukesh Singh - A Sensible Retreat from Automatic Bias

On 31.08.2020, a Constitution Bench of the Supreme Court delivered its unanimous verdict in Mukesh Singh v. State (Narcotic Branch of Delhi) [SLP (Crl.) Diary No. 39528/2018 decided on 31.08.2020, along with other batch matters]. The Constitution Bench had been assembled to decide on the correctness of a Three Justices' Bench decision of 2018, Mohan Lal [AIR 2018 SC 3853].Mohan Lal had taken up a very specific issue upon which conflicting decisions had been rendered by the different benches of...

Allahabad High Court's Judgment In Dr Kafeel Khan's Habeas Corpus Case Is A Great Ray Of Hope

Dr. Kafeel Khan is released from Mathura jail last night after the order of the Allahabad HighCourt which quashed his detention under the National Security Act. He was booked under the National Security Act for delivering a provocative speech at the Aligarh Muslim University. The High Court did not find his speech objectionable and ordered his immediate release from the jail. This judgment is a great ray of hope for all those who believe in a controlled constitutional government and work...

Justice Arun Mishra's Controversial Tenure Leaves Questions On Public Confidence In Judiciary

While Justice Mishra demits his office after handing over a mixed bag of verdicts, he also leaves behind several pertinent questions as to what constitutes the appropriate judicial conduct.