Professional Income As Criteria For Rejecting Elevation: Should It Be Reconsidered?

Appointment as a judge of a high court in India has two routes – promotion from the post of a district judge/equivalent post or elevation from the bar. The operational mode for selection is almost similar and suitability and fitness is checked by the selecting agency i.e. the collegium. A high court judge has immense responsibility and, therefore, the selection criteria are equally rigid and tough. [For key points read here.[1]] A lot of factors are considered as the law laid down by the Supreme...

Procedural Deficiencies for Insolvency Offences

Insolvency and Bankruptcy Code, 2016 has created several special offences. It has provided for trial of these offences by special mechanism. Section-236 reads as under:"236. Trial of offences by Special Court.- (1) Notwithstanding anything in the Code of Criminal Procedure, 1973 (2 of 1974), offences under this Code shall be tried by the Special Court established under Chapter XXVIII of the Companies Act, 2013 (18 of 2013).(2) No Court shall take cognizance of any offence punishable under...

Only Seems To Have Been Done

 There are incidents so rare in the long unrelenting march of time which have the power to alter the course of history once and for all. KS Puttaswamy vs Union of India – the right to privacy judgment, is one such decision of the Supreme Court of India which has the power to allay moral and legal confusions about marriage, dispel long standing societal norms, curtail state control over private lives and decision of citizens and gradually drive human life towards true freedom. However, the first...

No, The Delhi High Court Didn't Ask The Parties To "Chill"

The news was recently abuzz with the Delhi High Court asking the parties to "chill". My social media timelines were swamped with screenshots of the judgment, lauding the Delhi High Court for finally saying it.However, the observations that the Delhi High Court is being appreciated for, were actually made by the United States Court of Appeals, Ninth Circuit.Let me explain.So, the US Court was approached by toy manufacturer, Mattel, Inc., against the Danish band Aqua over the lyrics of the...

The Legend Of Padmini And A Humble Shishodia

Memories from childhood rebound of so many visits to Chittor fort. A long climb winding through ramparts from Padan Pol (the first gate) to Ram Pol. You pass through desolate remains of Kumbha Mahal to climb up the Vijay Stambh, the tower of victory. The Mira temple used to be without any statute before a ‘swayambhu’ brand new Krishna in white shining marble appeared on own some time back. The Jain temples and Kirti Stambh, the tower of fame always fascinated for intricate work in stone carving....

The Farce of Banning Films Before Their Release By The Governments

Substantive morality of Constitution in the context of the right to freedom of speech and expression would mean fixing the ambit of this right with precision. The most important goal of constitutional morality, however, to quote, Sujit Chaudhary, Madhav Khosla and Pratap Bhanu Mehta is “to avoid revolution, to turn to constitutional methods for the resolution of claims.”[1] This constitutional morality of ‘form’ or ‘procedure’ is the condition precedent for a debate on substantive constitutional...

Unanswered Questions In Rajiv Gandhi Assassination, Writes Justice KT Thomas

I had been a member of the three - member Supreme Court bench along with Justice D P Wadhwa and Justice Syed Shah Mohammed Quadri which heard the appeal in the Rajiv Gandhi assassination case. Twenty six members of LTTE (Liberation Tigers of Tamil Elam), who were charged with the murder of the former Prime minister by the investigating agencies had been found guilty and sentenced to death by the trial court. The appeal we heard was filed by the convicted prisoners challenging the trial court’s...

Tale Of Two IP Policies: A Few Remarks On IP Policies Of South Africa, India

The Department of Trade and Industry of South Africa released the Draft Intellectual Property (IP) Policy Phase I in August this year. Phase I proposes a set of legal changes to address IP rights and public health, and measures to enhance cooperation at the global level. In order to address the interfaces between IP and public health, the policy proposes measures in the following areas: local manufacture and export in line with industrial policy, patent – substantive search and examination,...

IBBI Amends Regulations Governing Corporate Insolvency Resolution Process

On 07 November 2017, the Insolvency and Bankruptcy Board of India (IBBI) amended: (A) The Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (CIRP Regulations) and (B) The Insolvency and Bankruptcy Board of India (Fast Track Insolvency Resolution Process for Corporate Persons) Regulations, 2017 (Fast Track CIRP Regulations), issued under the Insolvency and Bankruptcy Code, 2016 (Code). The stated objective of the amendments is to...

Allahabad High Court Building-Where Pan Spat And Filth Adorn A Victorian Structure

This week I got an opportunity to visit the legendary Allahabad High Court in connection with a case. The building from the outside stands majestic, neatly cured lawns, giant pillars, well representing the Victorian architecture. A closer look will tell you the frozen moments of time, filth and ugly shades, a reflection of present day judiciary. I spoke to many lawyers; all have good words about Justice Chandrachud. They said that he had brought many add-ons to the system – e courts, ladies’ bar...

My Lords, The Emperor Has No Clothes!!!

You would have heard it earlier. An Emperor was fond of wearing new and fancy clothes. He always wanted the newest fashions. Two swindlers convince him that the clothes they are making are made of such fine fabric that it is invisible to anyone who is either unfit for his position or “hopelessly stupid”, and that only the most elevated people can see the clothes. The Emperor can’t see the clothes himself, but he can’t admit that. So he wears the clothes in the palace, and everyone bows down and...

Romanticising Dissent And Independence Of The Judiciary

Two petitions relying on a FIR that alleged that judges of the Supreme Court may have been approached for favourable orders were filed in the Apex Court. The petitions prayed for the setting up of a Special Investigation Team headed by a former CJI to look into the matter. It was also alleged by the Petitioners that the criminal conspiracy claimed in the FIR involved a judgement delivered by the sitting CJI. One of the two petitions was heard in Court No. 2 of the Supreme Court. Hearing the...