Advocate Off Record

Over the last month, the grande dame of the Supreme Court, Lily Isabel Thomas has been in the limelight, and justifiably, considering that her petition brought a decision from the Court disqualifying sitting legislators upon their convictions. What is less known however is that even 50 years ago, Ms.Thomas had been a Petitioner, albeit in a losing cause. The issue? The challenge to the compulsory tests required to qualify as an Advocate on Record (AoR) in the Supreme Court. Over the last few...

In Defence of the Food Security Act, 2013

The first task of this Assembly is to free India through a new constitution to feed the starving people and cloth and naked masses and to give every Indian fullest opportunity to develop himself according to his capacity a great risk………………. But at present the greatest and most important question in India is how to solve the problem of the poor and the starving. Wherever we turn, we are confronted with this problem, if we cannot solve this problem soon all our paper constitutions will become...

Outlaw Manual Scavenging; Rehabilitate Manual Scavengers... Now

Last week, three men died in sewage manholes at Dharmapuri district in Tamil Nadu. In July, three men died at the prestigious Indira Gandhi National Centre for the Arts in Central Delhi when they descended into a manhole. These six men were part of India’s community of manual scavengers; a profession so demeaning and yet so important because they keep our cities and villages clean and free from filth and illnesses. The continuance of this profession is a national shame that India must exorcise...

Saving PIL from the Petitioner

On Monday the Supreme Court will hear a Public Interest Petition which challenges the suspension of Durga Shakti Nagpal, IAS by the Uttar Pradesh government. As some lawyers pointed out, this was a rather curious turn of events given that the Supreme Court has consistently refused intervention by PILs in service matters [for a restatement of law refer Hari BanshLal v. Sahodar Prasad Mahto]. What worried others was the PIL was filed by Manoharlal Sharma, a lawyer who many see as a gadfly...

Requirements for Domestic Refugee Law

"A refugee is someone who is outside his country of origin and has a well founded fear of persecution because of his race, religion, nationality, membership in a particular social group, or political opinion; and is unable or unwilling to avail himself of the protection of the country, or to return there for fear of persecution."This definition of refugee appears in the 1951 Convention relating to the Status of Refugees.  The 1951 convention details refugee rights. Although some refugee rights...

Judges Appointment: Executive Primacy to Judicial Primacy and Road Ahead

In S P Gupta v. Union of India, the First Judges case, the Hon’ble Supreme Court gave a literal meaning to the word ‘consultation’ appearing in Articles 124 and 217 of the Constitution. The Court took the view that the opinion of the Chief Justice of India (CJI) is merely consultative and the final decision in the matter of appointment of judges is left in the hands of the Central Executive. The challenge to the executive primacy thus failed in the first Judges case.The system then in vogue and...

Senior Counsel Fee: How much is too much?

The litigants in High Court and Supreme Court often come across a category of lawyers that are different from the usual breed. These lawyers with a different style of coat and gown, British style tab collars and some of them with a golden pocket watch hanging over the black waistcoat, bring out the class difference. What is the legal source of this class distinction?  It is the Advocates Act 1961, which classifies lawyers into “Advocates” and “Senior Advocate”.Section 16 of the Advocates Act...

Mercy Killing - Some recurring legal and ethical thoughts

The Supreme Court Judgment in Aruna Shanbag’s case  permitting mercy killing by denying food and water to a patient on vegetative state is against the proclaimed  stand of the Govt. of India. According to this judgment, the doctors who have taken the pledge to save the life of human beings have to perform the role of the executioner. Do you know Aruna Shanbag (pictured right), the unfortunate woman confined to a small room in the Ward IV of K.E. M hospital, Mumbai? She has been  living in a...

Playing the Solitary Reaper

The Banks have adopted an education loan scheme (‘Scheme’), following the revised Model Scheme formulated by Indian Banks Association to provide need- based assistance to meritorious students to pursue higher education. Eligibility criteria stipulated under the scheme says:- the applicant should have secured admission to a higher education course in recognized institutions in India or abroad through Entrance Test/Merit based selection process after completion of HSC (10 plus 2 or equivalent)....

Hyper Constitutionalism- The Journey from TMA Pai to NEET case

Judicial dissent is rare in these collegium days. The master of the roster, the Chief Justice, enjoys the privilege to constitute the Bench and majority and minority views, are often decided at the time of  selection of judges for the bench constitution. After all it is a number game world over, and not free from its vices.Judicial discipline commands obedience to the majority view Stricto Sensu. Inside the court, minority judgment is often assigned literary value, contrary to perception I would...

Judicial Legislation – Boon or Bane?

Press Council Chairman and former Supreme Court Judge, Justice Katju in his article to The Hindu dated 17th July, 2013 criticized the recent judgments on the disqualification of convicted legislators and candidates in custody, and the banning of caste rallies on the ground that that judgment given are not correct in law and must be revisited.  He relied on his own judgment, Government of Andhra Pradesh v. P. Laxmi Devi and quoted that “invalidating an Act of the legislature is a grave step and...

Identity Disclosure of Rape Victims: Judicial Apathy

On 1st July 2013 Justice P. Sathasivam and Justice Jagdish Singh Khehar of Supreme Court of India delivered a judgment in Karthi@ Karthick v. State represented by Inspector of police, Tamil Nadu. This is a record breaking judgment not because it has laid down a new theory or new school of legal thought or latest method of interpretation of law but it will be regarded as the ideal example of judicial laxity as it disclosed the identity of the rape victim 62 times in a nine pages judgment which...