Political Background Not Sufficient Reason To Deny Judgeship: Supreme Court Collegium Rejects Centre's Objection Over CPI(M) Affiliation

On March 12, 2024, the Supreme Court collegium headed by Chief Justice D.Y. Chandrachud recommended the name of Shri Manoj Pulamby Madhavan for appointment as Judge of the Kerala High Court.In evaluating the suitability of Shri Manoj, the collegium evaluated and scrutinized all the materials available on record. The Department of Justice had observed that Shri Manoj was a CPI(M) sympathiser and was appointed as a Government Pleader in 2010 and 2016-2021 by the LDF Government.The collegium...

Abortion As A Constitutional Right: France Judgment From Indian Perspective

In recent news, France made headlines by declaring abortion a constitutional right, marking a milestone in the realm of rights for women. But does it align with the values and perspectives of other nations, particularly India? In recent years, the global perspective on reproductive rights has witnessed a significant development with France's groundbreaking decision to declare abortion a constitutional right. France's decision to recognize abortion as a constitutional right reflects a...

Is The Legislative Measure Of Repeal And Substitution Of The Three Existing Major Penal Statutes, An Inevitable Desideratum?

On principle, I am against the proposed repeal of the existing major criminal laws namely, the Indian Penal Code, 1860, the Indian Evidence Act, 1872 and the Code of Criminal Procedure, 1973 (which is a substantial reproduction of the Code of Criminal Procedure, 1898) and the replacement of the same by the Bharatiya Nyaya Sanhita, 2023 (“BNS” for short), the Bharatiya Sakshya Abhiniyam, 2023 (“BSA” for short) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS” for short) respectively. When...

Decriminalisation Of Environmental Offence: Rethink About The Binary Approach

The Water (Prevention and Control of Pollution) Amendment Act, 2024 (“Water Act 2024”) was passed by the Parliament of India in the interim budget session. As per the Statement of Object and Reasons, the bill is to amend the Water (Prevention and Control of Pollution) Act, 1974 (“Water Act”) ”,,,for rationalising criminal provisions and ensuring that citizens, business and the companies operate without fear of imprisonment for minor, technical or procedural defaults”. This...

Women's Day Special | Justice BV Nagarathna : A Judge Fearless In Expressing Dissent

On this Women's Day, let us talk about the woman judge who dissented more than three times since her elevation to the Supreme Court. It is none other than Hon'ble Justice BV Nagarathna, who is touted to be India's first woman Chief Justice in 2027. Dissent is common, but what makes it more valuable is the time and occasion where the person “dissents. The essence of a healthy democracy, or even the last bastion of hope for a struggling democracy, is the independence of its judiciary; and...

From The Bench To The Ballot Box- A Constitutional Vacuum

On March 7th, 2024, former Calcutta High Court judge, Abhijit Gangopadhyay formally became a member of the Bharatiya Janata Party (BJP), after resigning from his position as judge of the Calcutta High Court, five months before his date of retirement, writing to the President Droupadi Murmu, Chief Justice of India DY Chandrachud, and Chief Justice TS Sivagnanam of the Calcutta High Court. Being inducted into the party, sitting beside BJP leaders such as Suvendu Adhikari & Sukanta...

Can SAT Can Function Without The Presence Of A Judicial Member?

On 29th December 2023, Hon'ble Justice Tarun Agarwala (“Justice Agarwala”) retired and demitted office as the Presiding Officer (“PO”) of the Securities Appellate Tribunal (“SAT”), that hears appeals against orders passed by the Securities and Exchange Board of India (“SEBI”), the Insurance Regulatory and Development Authority of India and the Pension Fund Regulatory and Development Authority. The retirement of Justice Agarwala left the functioning of SAT with one technical member ...

Lord Denning - A Phenomenon

To generations who have passed their lives in the law his is truly clarum et venerabile nomen. Lord Denning was a colossus who strode the judicial landscape in the second half of the last century shedding lambent light on ticklish legal corners and illuminating the legal and judicial landscape with his effulgence. He was unique. His tenure as a judge expanded the universe of judicial discourse. This year 2024 marks his 125th birth anniversary (January 23) and today, March 5 is his 25th death...

The Constitutional Silence On Judges In Politics

“Judges should be of stern stuff and tough fibre, unbending before power, economic or political, and they must uphold the core principle of the rule of law which says “Be you ever so high, the law is above you.”-Supreme Court of India in SP Gupta v Union of India.The announcement by a sitting judge of the Calcutta High Court of his intention to tender his resignation and possibly enter the political arena has taken the media by storm and has resurrected the old debate about the expected conduct...

Sublimation Of Conflict: Path To Healing

In the intricate landscape of dispute resolution, journeys through numerous mediations make one ponder the fate of those parties who settle conflicts out of fear, face-saving, or find themselves devoid of hope for future results. A profound realization dawns – the true essence of conflict resolution goes beyond mediation; it delves into the realm of healing, a realm where peace builders or peace mediators thrive.When the parties stay long with the conflict, they create a strong belief and...

Fali Nariman: Etched In Memories

It is just a week since we bid adieu to Mr. Fali Nariman and there is plenty written and spoken about him – This shows how much he influenced us. The loss is still sinking in particularly when you have known him closely, don't expect it and was working with him during his final days.I met Fali on a reference from one of my faculty at King's College, the late Martin Hunter. One fine Saturday he was speaking at the inaugural session of a conference which I was attending. After the inaugural...

Duty To Assist The Cause Of Justice, Not Just The Client

The two of us came across some interesting comments on social media while discussing the recent (and very pertinent) observations of the Chief Justice of India during the Commonwealth Attorneys and Solicitors General Conference (CASGC), 2024, to the effect that law officers of the State must not just function as representatives of the government but also as officers of the court. While this aspect of litigation might sound trite to true-blue constitutionalists, especially from functional...