The Sabarimala Judgment – II: Justice Malhotra, Group Autonomy, And Cultural Dissent

I had originally intended this series to follow a more familiar chronology – moving through the concurring opinions, and ending with Justice Indu Malhotra’s dissent. However, on a closer reading of the judgment, it strikes me that Malhotra J.’s dissent raises some crucial points, which remain unanswered in the opinions of the Chief Justice and Nariman J. – but are addressed in Chandrachud J.’s concurrence. For this reason, I will use this post to discuss the dissenting opinion, and flag its...

The 1951 Bombay HC Judgments That Unleashed A Genie And A Ghost

Justice RF Nariman in Adultery Judgment liberated the Genie Of Yusuf and Justice DY Chandrachud in Sabarimala case did the exorcism of Ghost of NarasuIn the year 1951, the Bombay High Court Bench of Chief Justice MC Chagla and Justice PB Gajendragadkar delivered two judgments, which have been discussed in recent constitution bench judgments in Adultery and Sabarimala Cases.Justice Rohinton Fali Nariman, in his concurring judgment in Joseph Shine, quotes a passage from CJ Chagla’s judgment dated...

Ordinance On Triple Talaq Is Justice For Seven And Half Months

On September 19, 2018, the Union Cabinet approved an Ordinance banning and criminalising the practice of triple talaq in India. Was such an ordinance needed when the Supreme Court has already dealt with the matter? Having argued in the past banning triple talaq legally, it is a question we never thought we would be asking. But now we find ourselves bound to revisit the question after sensing the political obsession of the present regime behind. Thus, we worry. Because, the agenda of the ruling...

The Sabarimala Judgment – I: An Overview

Earlier today, a Constitution Bench of the Supreme Court held, by a 4 – 1 Majority, that the Sabarimala Temple’s practice of barring entry to women between the ages of ten and fifty was unconstitutional. While the case raised a host of complex issues, involving the interaction of primary legislation (statute), subordinate legislation (rules), and the Constitution, the core reasoning of the Majority was straightforward enough. On this blog, we will examine the Sabarimala Judgment in three parts....

What To Expect Of The New CJI Ranjan Gogoi?

At times reformist, at times conformist, at times proactive, at times inactive- Justice Gogoi has exhibited contrasting traits in his judicial career so far.It might be ironic that the new Chief Justice of India Ranjan Gogoi, who is generally perceived as reticent by the legal fraternity, has made the most ground breaking revelation regarding the administration of Supreme Court this year. His participation in the unprecedented judges' press conference held in January 12 was by itself an act of...

The New Chief Justice And The Awaiting Challenges

Tomorrow Justice Ranjan Gogoi will be taking oath as the 46th Chief Justice of the Supreme Court of India and as the first Chief Justice from the State of Assam.Being the head of judicial family of the country, a series of challenges await the new Chief Justice. The approach that will be adopted by Justice Gogoi in addressing these major challenges will be keenly observed.The first challenge certainly will be the issue of “Master of the Roster”. While all the judges of the Supreme Court are...

Will The Real CJI Dipak Misra Stand Up?How Will History Judge Him?

"A man has as many social selves as there are distinct groups of persons about whose opinion he cares. He generally shows a different side of himself to each of these different groups", William James, American Philosopher & Psychologist.Chief Justice of India Dipak Misra is demitting office after a tumultuous tenure, leaving behind a mixed legacy. Over his judicial career, CJI Misra was seen stating different things at different times, often contradictory to each other, lending credence to...

On Judicial Accountability To Law

“A judge is a law student who marks his own examination papers.”-----H. L. MenckenIt is often said that an independent, impartial, honest and competent judiciary is integral for upholding the rule of law.[1]The administration of criminal justice system becomes a fiasco when the criminal courts fail to return its’ verdicts that are candid enough to hold the guilty punished and the innocent exculpated. The strength and sanctity of the judgments lies in its’ reasoning and the capability to convince...

Reading Sabarimala Judgment In The Light Of Post Judgment Public Debates

Since the dawn of the Supreme Court Judgment allowing entry of women to Sabarimala Ayyappa Temple, apart from those who see the judgment as one of social reform and justice, there has been a variant of public opinion and discussions, many of them straightforward misogyny and others camouflaged as religious sentiments.Protesters proclaim that women who believe will never put their foot on the hills where Lord Ayyappa dwells, and they will not desecrate the sanctity of the place and the belief and...

Aadhaar Judgment : Certain Concerns

Aadhaar scheme has been one of the most ambitious projects of the Government of India. Initiated in 2009, the Aadhar scheme got statutory recognition through The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (“Aadhaar Act”). A unique identification number for every citizen in India envisaged by the Aadhar scheme has resulted in many privacy rights battles. The question of dignity, informational self-determination and consent forms the basis for the...

Aadhaar Verdict: Govt. Learns The Hard Way

The Supreme Court of India’s September 26 judgment in K. S. Puttaswamy vs. Union of India (Aadhaar case) is a first-hand lesson on good governance and constructive use of state power for the Government. Four of the five judges of the Constitution Bench came down heavily on the government for using Aadhaar as a tool to create a surveillance state in India, that is, by extending it to almost every aspect of human activity and life.Aadhaar was originally conceived by the Congress-led UPA government...

Understanding The Unlawful Activities (Prevention) Act, 1967

Full text of Lecture delivered by Senior Advocate Rebecca M.John at the Delhi High Court in a Seminar entitled "Understanding the Unlawful Activities  ( prevention) Act 1967"At the start of the Sino-Indo Conflict on 20th October 1962, a state of Emergency was declared under Article 352 of the Constitution of India, on grounds of external aggression. During the same time period, a domestic crisis was brewing with Mr. C.N. Annadurai, leader of the Dravida Munnetra Kazhagam’s (DMK) openly...