Reimagining The Constitution: The Test For The Judiciary

Since its creation, the Constitutional courts of India have played an important role in shaping public discourse on civil liberties and governance.  In the last seventy years, it has often been through judgements that the democratic interplay between executive, judicial and legislative institutions has come to be defined. The Court has often done this while fulfilling its duty as an anti-majoritarian institution. The 1950’ saw the courts differ with the Government on issues of Zamindari...

Justice AS Oka: A Judge Who Gives Weightage To Civil Liberties Over Powers Of State

Justice AS Oka of the Bombay High Court became the centre of news last week after the Maharashtra government adopted some lowly tactics to prevent a matter concerning noise pollution being considered by the bench headed by him. Justice Oka was part of the bench that had held in August 2016 that area within 100-m radius from hospitals, educational institutions and courts would constitute ‘silent zones’. This had resulted in closure and shifting of several Ganesh mandals during Ganesh Chaturthi...

The Right To Privacy In Alternative Dispute Resolution

The Supreme Court of India by a 9-Judge bench has delivered a landmark judgment in “Justice K S Puttaswamy (Retd.) and another v. Union of India and others” [Writ Petition (Civil) No. 494 of 2012] on 24th August 2017, where it was held that the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution of India (hereinafter referred as “privacy judgment”).The judges were of...

Calcutta High Court’s Order Paves Way For Asbestos Free West Bengal & India

Supreme Court & other High Courts need to inquire about carcinogenic asbestos laden buildings in their premises The Division Bench of Calcutta High Court has passed an order which can set the process of making West Bengal free of asbestos based products. The order seeks removal of carcinogenic-asbestos that has been used for roofing in the Court’s buildings. This order underlines the serious unprecedented environmental and occupational health crisis with regard to the unnoticed epidemic of...

Inapplicability Of Limitation Act To Insolvency And Bankruptcy Code?

In a recent National Company Law Appellate Tribunal (NCLAT) ruling of Neelkanth Township and Construction Pvt. Ltd. v. Urban Infrastructure Trustees Ltd.[1] (11.08.2017), several issues with regard to the Insolvency and Bankruptcy Code, 2016[2] (IBC) were discussed. One of the issues for consideration before the NCLAT was whether the application under Section 7 of the IBC is time barred, as the debt claim related to the years 2011, 2012 and 2013 and it was held that the Limitation Act, 1963[3]...

Triple Talaq Judgment: A Majority Verdict Without The Support Of Reasons Of Majority Judges

The majority view of the five-judge bench of the Supreme Court is that triple talaq, pronounced in one sitting coming into effect instantaneously, is “set aside”. Out of these three judges, two (Justice Rohinton F. Nariman and Justice Uday U. Lalit) also held that this form of talaq was violative of fundamental right mentioned in Article 14, not on the ground of equality within the meaning of discrimination. They stated: “We do not find the need to go into the ground of discrimination in these...

The Day When A Chief Justice Undermined Independence Of Judiciary

I was in the Bombay High Court yesterday, where I witnessed a shocking incident. I share this here because at the centre of this is Chief Justice Manjula Chellur. And it happened on a day when the Supreme Court stood up for the citizens.A matter pertaining to noise pollution during festivals (like Ganpati Chaturthi) was being heard by a bench of Justice Abhay Oka and Justice Riyaz Chagla. The matter has been heard by Justice Oka since 2016 and he was continuing as per roster and orders of the...

Privacy Judgment: A Salvo In The Fight Against Discrimination Against The LGBTQ Community in India

The hype over the latest decision on the Right to Privacy in India, delivered in Writ Petition (Civil) No. 494 of 2012 by a 9-Judge Bench of the Hon'ble Supreme Court of India in the case of Justice A. K. Puttaswamy (Retd.) & Anr. v. Union of India &Ors.[1], has only just begun. Much will be written about the judgment in the days to come. Perhaps it will be trolled and extolled in equal measure, and will undoubtedly be squeezed for every possible drop of political mileage. Yet, for all...

Judicial Dichotomy: Analysis Of The Majority Judgments In Triple Talaq Case

 “Supreme Court invalidates Triple Talaq”. As the headlines rang high in the afternoon of 22nd August 2017, important persons from the government started heartily appreciating the order. Many a Muslim women and men welcomed it. And the other women and men too. It all looked like a cause for celebration. It is then that the judgment unfurls, a 395 paged pronouncement, first 273 pages taken over by Chief Justice Khehar to record his (minority) view and another around short and simple 30 pages by...

The Office Of Chief Justice Of India: The Long And Short of it!

The year 2017 will see Justice Dipak Misra, sworn in as the 45th Chief Justice of India. In a democracy, the office of President, Prime Minister and Chief Justice are the three most important offices. In comparison to the Prime Minister and President, the tenure of the Chief Justice of India is appallingly short. In 70 years of independent India, the country has seen 14 Presidents and Prime Ministers but the office of Chief Justice has had 43 occupants. We have had Chief justices holding offices...

Privacy Judgment: Whether Aadhaar Be Made Compulsory Doubtful, Writes Justice KT Thomas

The current judgment is only laying down a very important guideline for considering the future cases—to be decided on the merits of each subject. For example, can what is needed for Aadhaar be made compulsory? In the light of this judgment, it is doubtful whether it can be made compulsory. But then those who are not opting for Aadhaar will have to suffer in certain instancesThe different judgments delivered by the Supreme Court Bench of nine judges finally arrived at a conclusion that the...

A Tribute To Ever Remembering ‘MKD’

Liked by all and hated by none- that is Adv.Muthalarath Kurungodan Damodaran (M.K.Damodaran), popularly known as ‘ MKD ’ among lawyers and ‘Damuvettan’ to close friends.  Adv. M.K.Damodaran’s sad  demise,  indeed, has caused a great loss of a senior lawyer  of his stature who had a social agenda throughout  in his life. When death of near and dear occurs we console ourselves that this world is the land of the dying; the next is the land of the living. Mr.M.K.Damodaran’s humble beginning at...