New Captain Of The Ship, Change In Sailing Rules Soon?

Justice Jagdish Singh Khehar has recently been appointed as the next Chief Justice of India as Justice TS Thakur will superannuate on January 4 next year.As is the practice in the Supreme Court, Justice Thakur has already surrendered the administrative works, which will be picked by Justice Khehar in the next calendar year, when the Supreme Court reopens on January 2.http://www.livelaw.in/sc-junks-pil-justice-khehars-elevation-cji/Looking at the vast powers of the Chief Justice of India in the...

Classic Case Of Shrugging Off By Referring To A Larger Bench - Dejusticizing Justice?

A popular joke floating on social media says that a man went to the washroom and by the time he came out, the Government had come up with a new rule or policy concerning Demonetization. A lot of ink has found place in national and international news evaluating the Demonetization move but what is particularly perplexing is how a three judge bench of the Supreme Court has simply shrugged off the issue.A three judge bench of the Supreme Court (Supreme Court sits in a minimum quorum of 2 judges and...

White Washed Winter Session

“What the elder person does is followed by others; what he demonstrates by action, that people follow.”  - Bhagwad GitaAccording to the epic Mahabharata, the role of elders in the assembly has been emphasised in these words; That’s not an assembly where there are no elder men, Those are not elders who do not speak with righteousness, That’s no righteousness where there is no truth, That’s not the truth which lead one to deceit.That’s epic Mahabharata, now in our Parliament or State Legislatures...

Quality Reporting And Quick Reporting; Lessons From Allahabad High Court’s Triple Talaq Verdict

Senior Advocate of the Supreme Court C. Aryama Sundaram in his article [The New Indian Express-18th Dec] wrote wrongly in the opening para – “The triple talaq rule has similarly dire consequences for Muslim women — until the Allahabad High Court, looking aghast at the custom, struck it down.” It has been debated across the country immensely, how incorrect reporting (especially sensitive issues like this) leads to much confusion as a large population of the country is not privy to reading the...

Freedom Of Press In Democratic State

The democracy survives only when there is a serious inter play between public opinion and law making. Informed choice is central, in governance in democratic republic. In "Democracy" every citizen is born with an appetite for information that transforms him as a true citizen. Thus, like a child hungry for food, like diseased need medicine, like underfed needs nourishment, like insecure needs security, the citizen depend upon information for his own strength and need. If a citizen's surge for...

Post-Demonetisation India: An Overview And Plea For Presidential Intervention

This presentation is made not with a critical attitude towards the government policy on demonetisation, rather with a constructive idea to improve upon the situations resulting from the recent steps taken in pursuance of the policy of demonetisation. With my experience as a counsel practicing in the Supreme Court for the past 40 years, I appreciate the policy as an acceptable method to tackle the issue of black money and corruption. I sincerely wish the policy to succeed, and I am of the view...

Triple Divorce: Constitutionality & Banning

Allahabad High Court while dismissing two petitions and refusing to give any relief has made interesting observations on triple divorce. There was no ‘judgment as was reported in the media as judgment determines rights and liabilities. In one case the petitioner was the second wife who had sought protection from the police harassment as mother of divorced first wife was threatening her. Here the contention was that since the husband gave instant triple divorce just to marry another woman,first...

The Right To Information Act, 2005 And The Doctrine Of Res Judicata

The Right to Information Act, 2005 is a beneficial piece of legislation which statutorily recognises the fact that the ‘right to information’ is an integral part of the fundamental right to freedom of speech and expression guaranteed by the Constitution of India, 1950 to the citizens of the country. The purpose of the Right to Information Act, 2005 is to promote transparency and accountability in the working of every public authority and to contain corruption.It is necessary to appreciate that,...

The Tale Of Two Judgements And Two Nations

Francis Fukuyama in his epic work ‘The End of History and the Last Man’ wrote:“There are numerous examples of countries which do not meet a number of so-called cultural “preconditions” for democracy…… India, which is neither rich and highly industrialised (although certain sectors of its economy are technologically well advanced), not nationally integrated, nor Protestant, and which nonetheless has been able to sustain an effective working democracy since independence in 1947.”What has baffled...

The Government Lawyer’s Guide

Part OneTwo weeks ago, I watched from the second row as Mr.Colin Gonsalves rose to make a submission to the Chief Justice’s court. The Disabilities Act had now turned 21, he said, and although it provided for many steps to be taken by the respective Governments to provide access and assistance to those who were differently abled (ramps, Braille signage, slopes on pavements, warning sounds and signals, etc.), nothing had been done. Aware of the normal sticky tape that weaves its way through...

Achieving Gender Equality, So Near And Yet So Far - Researching Implementation Of Law On Sexual Harassment At Workplace

IntroductionIt is reported that reported complaints of sexual harassment at a prominent Central Government organisation headquartered in Delhi are not being seriously inquired into and complainants are being pressurised to withdraw their complaints (TOI, 2016). In this context, I argue that over years employer response to reported complaints of sexual harassment by employers in India has persistently been not compliant with the law. It was so while the Vishakha guidelines (1997) were prevailing...

"Irrational Dress Codes Go Against The Spirit of Life, Liberty, Expression & Equality"

The rule of law requires that the law afford adequate protection of fundamental human rights. It is a good start for public authorities to observe the letter of the law, but not enough if the law within a particular country does not protect what are there regarded as the basic entitlements of a human being. - Lord BinghamLife, Liberty, Expression & Equality are guaranteed under Part III of our Constitution viz., Arts. 21, 19, 15 & 14 r/w Justice, Liberty, Equality & Fraternity clause...