The Curious Case Of Criticism, Court And The Constitution

Three principles attributes of God in Islam are Providence (Rububiyat), Mercy (Rehmat) and Justice (Adalat). In an unprecedented order, the Supreme Court (Aadalat) in its Rububiyat recently issued notice to its former judge (Justice Katju) and asked him to appear before it to find whether Rehmat can be given to a life convict. In his blog, tilted ‘Satyam Bruyat’ (means - speaking truth in sanskrit), Justice Katju had criticized a recent judgment by the Supreme Court and gave Hidayat (advice) to...

V.R. Krishna Iyer – The Super Judge [First VRK Memorial Lecture by Fali Nariman]

Inaugural Lecture of V.R. Krishna Iyer Memorial Lecture Series – Organised by the Sarada-Krishna-Satgamaya Foundation for Law and Justice, Delhi Chapter on Wednesday, 26th October, 2016, at the Main Auditorium, Indian Society of International Law, Bhagwan Dass Road, New DelhiThe title to this Lecture – is an adaptation of the title of Bernard Schwartz’s biography of US Chief Justice Warren. Schwartz called it THE SUPER CHIEF – simply because one of the Associate Judges of the Warren Court had...

Legislative Inaction Leads to Judicial Law Making

Should irretrievable breakdown of marriage be a ground for divorce under the statutory marriage laws of India? Can a woman facing savagery at the instance of another woman at home seek relief under the anti-domestic violence law? Can a wife’s repeated threats to kill herself if her husband does not accede to her irrational demands be seen as matrimonial cruelty enabling him to seek divorce? Will the word ‘talaq’ texted on a cell phone to a married Muslim woman by her husband instantly dissolve...

“Simultaneous Elections To Lok Sabha And State Assemblies Would Destroy Federalism”, Say Experts

At a panel discussion on the proposal to hold simultaneous elections to Lok Sabha and State Assemblies, speakers have expressed serious concern about its consequences for India’s federalism.The discussion, organised on October 26, at the India International Centre, New Delhi, saw several speakers questioning the proposal 0f holding simultaneous elections to the Lok Sabha and state assemblies, without taking into account the consequences for Indian democracy.The event was organised by Association...

Hindutva, Not Hinduism: A Peril To Secularism

In November 1987, speaking in the Bombay suburb of Villa Parle, Shiv Sena supremo Bal Thackeray declared that his party is contesting elections“for the protection of Hinduism, … we do not care for the votes of the Muslims. The country belongs to Hindus”.He went on to state that you will find temples if you dig up mosques and to benefit the Hindu community, Ramesh Prabhoo must be led to victory. The Bombay High Court declared the election of the Sena candidate Ramesh Prabhoo void on the grounds...

Constitutional Dilemma Of Delhi

The age of elected representative government has passed. Its legitimacy is being seriously challenged. This proposition owes much to Delhi High Court’s 194-page judgment that reduced an elected government merely to a ‘parasitically dependent’ department of Central Government that lacks control over political decision-making. Surprisingly, legal and constitutional provisions are invoked and interpreted to serve the personal crusade of individuals and political parties than to democratic and...

SC Verdict Allowing Divorce For Separating Son From Parents Takes A Narrow View Of Marriage

In the changing times, demands made on the success of a marriage are much different from what might have mattered for the previous generation. There may be a number of decisions regarding the day-to-day lives of the couple or of their children that they may want to take on their own, which may be thwarted by strong-willed parents who may want to have control over their son and daughter-in-law, causing constant strife.A recent judgment of the Supreme Court, which ruled that if a woman asks her...

Public Opinion Towards Death Penalty

While deciding the question of abolition of death penalty, will public opinion matter before Constitutional Courts or even a legislature? The question assumes significance, as public opinion in India, as expressed in public protests against those who commit heinous crimes, has always seemed to support its continuance.But there is a vast substantial section of society which would wish its abolition.   In 2013, a survey conducted by the Centre for the Study of Developing Societies, (CSDS) as part...

Eventful Sixty Years: The Kerala High Court Celebrates 60 Years Of Its Existence

The Kerala High Court celebrates 60 years of its glorious existence. It was on November 1, 1956 that the High Court formally came into being as the immediate successor of the Travancore-Cochin High Court. Within this time span of six decades, our High Court has earned a reputation for its superior judicial standards and lofty ideals. Landmark judgments passed by the Court, no doubt, has strengthened and improved the legal and constitutional framework of our country and contributed immensely to...

Re-Structuring Indian Judiciary: My Vision Of Future Judicial System

Restructuring of Indian Judiciary can enhance efficiency of Indian Judicial System. Many would agree with the views of our Prime Minister that the Tribunal system eats the resources and open doors to corruption. The Village Courts, arbitration, mediation etc. as separate institutions are equally expensive and prone to corruption at the hands unscrupulous persons. It is necessary to render justice to the rich and poor alike and all concerned must feel that he received justice and equal treatment...

Uniform Civil Code And Tribal Customary Laws-Uniformity In Diversity?

More than 200 indigenous tribes spread across the north eastern states of Arunachal Pradesh, Assam, Meghalaya, Mizoram, Nagaland, Manipur, Tripura have varied forms of customary laws governing marriage,divorce, inheritance,adoption and maintenance.Major part of which is uncodified but recently Mizoram legislature passed the Mizo Hnam Dan, Mizo customary law.The ongoing intellectual narratives both in support and opposing the move to usher in UCC raises to me some very pertinent questions...

Ban Triple Talaq, Don’t Club It With The Uniform Civil Code

I am neither a lawyer, nor an Islamic scholar and not even an activist. I am writing this in the capacity of an ordinary Muslim woman. I am happily married and not in any danger of Triple Talaq. My fight is for my sisters who cannot comprehend the legal complexities of divorce and the hindrance created by the same on their own rights.I have seen the bewilderment and agony of a young girl who received the pronouncement of triple talaq via sms for no fault of her. I am taking up this fight for her...