They Should Not Have Done It?

12th January of the year 2018 will forever be etched in the history of Indian judiciary – for this was the day on which fissures within the judiciary, which were only well known to one and all, were officially out in the open. In the morning, I was shocked to see the ANI Twitter handle carrying a story about how senior judges of the country were going to hold a press conference at 12 noon! It is not unknown for judges to speak to the press off the record, but for the senior most judges to hold a...

Master Of Roster – Constitutional Limitation And Way Forward

In an unprecedented move, four sitting judges of the Supreme Court of India held a press conference on Friday (January 12, 2018), asserting that the administration of the apex court is “not in order” and that ‘things less than desirable’ have been happening over the past few months.The said judges, who are all members of the Supreme Court collegium, disclosed that they had written a letter to the Chief Justice of India airing their grievances. One of the grievances raised pertained to the...

Defying Fundamental Rights With Impunity Under The Gaze Of Constitution Benches

Only the original 3-Judge Bench or a 11-Judge Bench should hear the UID/Aadhaar case after the 9 Judge Bench verdict  Ahead of hearing in the case related to world's biggest Central Identities Data Repository (CIDR) of 12 –digit biometric Unique Identification (UID)/Aadhaar numbers amidst decline in the number of citizens of the country due to deaths as a consequence of UID/Aadhaar menace, it is germane to recollect happenings in another Supreme Court.A Supreme Court judge who was drafting a...

Where Are We!

During a hearing, exasperated by the non-serious approach of some lawyers, a judge of the Supreme Court uttered, “Where are we, where are we!” This question hasn’t resonated ever so loudly.The philosopher aspect of Plato’s “philosopher king” is the modern judiciary. The attributes of independent thought and action, love of knowledge, intelligence, and reliability are what we look for in our justices. Independent judiciary is the most robust pillar of any democracy. This is the reason why we...

Why Times Now Report On So-Called ‘Twist’ In Judge Loya Case Is Totally Misleading?

‘Times Now’ has run a story with the caption #JudgeLoyaTwist,   alleging that the petitioner in the case in the Supreme Court, Tehseen Poonawalla, was ‘pressured’ by senior counsel Dushyant Dave to withdraw the case. This has been presented as a ‘sensational twist’ by the news channel. The story has been given a spin to suggest that there is a lobby at play behind the case seeking to achieve particular results. Judge Loya case assumes relevance because it is widely perceived that the grievance...

A Cathartic Episode For The Higher Judiciary In India

There is no doubt that January 12, 2018 will become a significant date in the judicial history of India. It is the first time that sitting Justices of the Supreme Court of India have directly addressed the media to draw attention to their concerns about the inner workings of this institution. The stakes have been raised considerably since this act of public criticism has come from the four senior-most Justices and could be narrowly construed as one that is specifically directed at the present...

SC Judges’ Press Conference: A Dark Day Or A Beacon Of Light?

Whether the press conference held by four learned judges of the Supreme Court of India will lead to the rise of the apex court or its downfall seems to be the question on everyone’s mind.Yesterday on the occasion of the birth anniversary of Swami Vivekananda, could it be that the four Hon’ble judges adopted his teaching of “Arise, awake and not stop till the goal is reached”.In what might be proposed in the future history of the Indian Judiciary as a tumultuous dark day, the press conference by...

Let The Dust Settle

Where Angels fear to tread let us not rush in. Let us not hurriedly make our value judgement on the Chief Justice or the companion judges in the collegium. That can wait. At the bar of history they and every one of us will be judged.The need of the hour has to be ascertained. The controversy is around the absence of a code for the "master of the roster" The expression is itself an anachronism. Except law there is no master anywhere in this republic wedded to the rule of law.. Conventions and...

'Master Of The Roster Or Upside Down'

A constitutional court is headed by the senior-most judge termed as the Chief Justice. In high courts, the Chief Justice is the Chief Justice of the High Court and not Chief Justice of that particular State. In the case of the Supreme Court, the Chief Justice, diametrically opposite to the position in the high courts, is the Chief Justice of India and not the Chief Justice of the Supreme Court. It is precisely why the responsibilities on the shoulders of the Chief Justice of India are very high...

The Radiance Of Justice HR Khanna Looms Over The Supreme Court- A Bright Day For Indian Judiciary

In a seemingly dark age where shadows of suspicion are being cast on the independence, integrity and credibility of the high judicial pedestals, the four senior judges of the Supreme Court has emerged today like the radiant sun, announcing courageously to the nation their refusal to let their souls be sold.The revelation through today’s press conference brings in hope to legal fraternity and to the people of the country. A hope that constitution will prevail over political will, over judicial...

Chief Justice Of India- Above Or Under The Law

Article 124 (1) of the Constitution of India declares that, “There shall be a Supreme Court of India constituting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges.”[Which number has been increased to 30 vide Supreme Court (Number of Judges) Amendment Act, 2008]In 1950, the Supreme Court in Bharat Bank Ltd. v. Employees declared, “In other words, the foundations of this republic have been laid on the bedrock of justice. To...

The Insolvency And Bankruptcy Amendment Bill, 2017: What Has Changed?

On November 23, 2017, President Ram Nath Kovind had given assent to the Insolvency and Bankruptcy Code Amendment Ordinance, 2017, making major amendments to the Insolvency and Bankruptcy Code. The aim of the Ordinance was to prevent certain parties from bidding for companies as resolution applicants due to their questionable antecedents. This was done to protect the credibility of the processes under the Code by disallowing backdoor entry of entrenched managements and preventing wilful...