The Promise Of Prompt Listing: Would The Curtain Fall Over The Legacy Of 'Mentioning'?

In tune with Chief Justice Ranjan Gogoi's endeavour to eliminate the morning ritual of 'mentioning', the Supreme Court registry on Wednesday notified the new guidelines for listing of cases which would ensure that all fresh matters are posted for hearing within 3 days to a week of being filed. Aggrieved that much of the court's precious time is lost on 'mentioning' (while numerous death penalty cases lay pending for years, as he has so put it earlier), last week the Chief Justice had hinted...

Whatsapp Summons : Positive Trends Of Courts Embracing Technology

In these times when most people have smart phones armed with 4G technology, e-service will be an effective and viable option.

Does The Constitution Protect Fake News?

The issue of fake news has recently generated substantial discussion around the globe. Different countries and jurisdictions are adopting different measures in response. For instance, Malaysia has enacted and the Philippines seek to enact criminal legislation against fake news dissemination by individuals. The suggested measures in the European Union, in contrast, are mostly soft in nature. These include investing in technology that would help people separate the true from the false and the...

Petitioner Interest Litigation – Time To Check.

PIL-1 & PIL-2 The advent of Public Interest Litigation (PIL-1) was perhaps one of finest moments in the history of Indian judiciary. Rules of Locus Standi were relaxed, formal requirements regarding lodging of a petition were simplified, the procedure adopted was not adversarial in nature, Courts could order far reaching remedial measures and the execution of the remedial orders so passed was supervised and followed up. While notable judgments were passed in PIL-2, a transformed version...

The Hearing That Was (Not): The Story Of CBI Acting Chief, And Of Conflicting Interests And Recusals

"We get a feeling that Your Lordships do not want it to be heard"Said Senior Advocate Dushyant Dave to Justice A. K. Sikri last Thursday, perturbed at the latter's segregation of himself from the hearing on the challenge to M. Nageshwar Rao's continuation as the interim CBI Director, coming close on the heels of Chief Justice Ranjan Gogoi's recusal from the matter. The PIL by NGO Common Cause and RTI Activist Anjali Bharadwaj had come to be placed before the second senior most judge of the...

ICICI-Videocon Case : Is Chanda Kochhar A 'Public Servant' Under Prevention Of Corruption Act?

A 2016 SC judgment extended the application of PC Act to private bank employees.

Evolution Of Seniority Convention And Appointment Of Chief Justice Of India

The Constitution of India, 1950 is the longest national Constitution of the world. The original Constitution that was adopted and enacted by the Constituent Assembly on 26th November 1949 contained 395 Articles divided into 12 parts and 8 schedules. As of 2014, the total word count of the Indian Constitution was 1,46,385 which is well above the average length of a Constitution which comprises 21, 960 words and it is twenty-times longer than the Constitution of the United States which its current...

God Save Indian Democracy

The political class now is not unduly worried about the nuances of the Constitution. And the high priests do not care. I am only reminded of Robert Bork's statement— the question nowadays is not how to read the Constitution, but whether to read it. We live in an era of "constitutional morality" and sealed cover jurisprudence. God save Indian democracy.

Law On Reels : Lincoln Movie - Politics Behind Slavery Abolition

Though the political machinations and legislative process are dense with action, director Steven Spielberg ensures that the tone of the movie does not rise up to melodrama

The Blind Can Indeed Judge, My Lords!

All qualities of a judge might be found in blind judge aspirants if we do not declare them ineligible before they could show to the world that they can indeed judge.

Is Succession Planning A Relevant Factor For Overlooking Seniority?

Debate in the media and discussions in the bar highlight that one of the reasons for the Supreme Court collegium recommending a Judge, though Junior in all India seniority as well as in his parent High Court is the desire of the Chief Justice of India/the collegium to plan the succession to the office of the Chief Justice of India. The question that arises is whether this can be a relevant consideration in overlooking the inter-se seniority, the suitability and merit being the same.The majority...

Rafale: Supreme Court And Jurisdiction Of The Parliament

With increasing private investments in important sectors of the Indian State, the Comptroller and Auditor General (CAG) has become an important check on the economic decisions of the Executive. The CAG audit report under Article 151 of the Constitution gives detailed accounts of all transactions involving revenue payable to the Consolidated Fund of India. The jurisdiction of the CAG report has been a matter of judicial adjudication in the recent past—from cases on mining contracts to the...