Nani Palkhivala-The Gentle Colossus

December 11 marks the 20th anniversary of the passing of the one and only Nani Palkhivala. It is appropriate to remember him and light his memory on this occasion. Lawyer, jurist, expert in constitutional law, public finance and taxation, educationist, diplomat and statesman, Nanabhoy Ardeshir Palkhivala was all this and more. His was a multi-splendoured life marked by integrity and versatility. Very few are called upon to play such diverse and distinguished roles and fewer still acquit...

Justice Krishna Iyer- A Tribute

If greatness consists in the combination of character and intellect and is to be judged by the lasting value of work done and the impact it has had on men and matters, Justice Vaidyanathapuram Rama Ayyar Krishna Iyer was amongst the greatest. It is given to very few to be a legend in one's own life time and earn universal admiration, affection and reverence. A multi-faceted personality with signal achievements, Justice V.R. Krishna Iyer was undoubtedly one such. Born on November 15,...

Objection Milord!

Skirmishes between the Court on the one hand and the Executive or the Legislature on the other hand are not unknown. The Judiciary is often considered the custodian of the Constitution – to the protest of the elected. Scholars, some scholarly politicians and most politicians have termed the power of the judicial organ as the "tyranny of the unelected". Yet, over the years, history and experience show that the legitimacy of the judicial organ is akin to the legitimacy of the rule of law –...

An Open Letter To The Law Minister: The Origin And Not An Unqualified Rationale Of The Collegium System Of Appointments

Dear Sir, This is with regard to your observation that the collegium system of appointments is alien to the Indian Constitution. Like all constitutions across the world, not everything is written in the constitution. And, not everything written in the Constitution is immutable. Our Constitution provided for nebulously "consultation" with the Chief Justice of India, for judicial appointments. The word "consultation" has legitimate interpretations given the immensity of the scale of the...

An Act Of Judicial Indiscipline

Occasionally, the outcome of the judicial process is shocking. One of them is the recent order of the CentralInformation Commission making remarks about an earlier Supreme Court judgement. I feel those remarks amount to a serious judicial indiscipline. The issue before the Commission was about the disclosure of information relating to honorarium (salary) payable to the Imams in Muslims mosques through the Delhi Waqf Board and the Commission felt that the Delhi government was not giving...

Maintaining Equality In Claiming Maintenance

Recently, the Supreme Court of India has given yet another decision explaining the scope of Section 125 of the Code of Criminal Procedure, 1973 ('the Code') contained in Chapter IX,[1] adding to a legion of cases doing the same. Though, as the name suggests, the Code is by and large a procedural enactment. Section 125 is one of the exceptions that creates a substantive right for claiming maintenance. An often overlooked aspect of Chapter IX is the procedural provision which has been...

Arbitrator's Fee ; An Analysis Of Indian And International Laws

Arbitration, Mediation and Conciliationare alternate dispute resolution mechanisms which are preferred over litigation for they are cost effective and time saving. Keeping in mind the high pendency of cases, arbitration and mediation are encouraged by the judiciary as it shares the burden of the courts in winding up the matter in a time-bound manner. The bench of the Tribunal comprises of an officer of the court who is well versed with the domain knowledge. The designated arbitrators have...

Glaring Flaws In Provisions Of Foster Care For Adoptable Children

A combined reading of the Juvenile Justice (Care & Protection of Children) Act 2015 as amended by the Juvenile Justice (Care and protection of Children) Amendment Act, 2021 (JJ Act), Juvenile Justice Model Rules 2016 as amended by the Juvenile Justice (Care and Protection of Children) Model Amendment Rules 2022 (JJ Model Rules) and Adoption Regulations 2022 (AR 2022) reveals critical lacunae making the relevant provisions hard to understand and difficult to implement.Adoptable children...

Draft Data Protection Bill Is A Common Person's Delight; Still Trows Up More Confusing Questions

All must be familiar with the timeline leading up to the new draft Digital Personal Data Protection Bill, released last week for public comments. Its roots can be traced to the Supreme Court's Puttaswamy judgment which exhorted for a data protection law for the country in the light of the iteration of privacy as a fundamental right. Then there was the Srikrishna Committee Report which came up with its own version of a data protection law followed by another draft version in 2019. A joint...

Beds Are What Drug Addicts Need, Not Prison Bars

Understanding how drug addiction crept into the region of heaven where people are thought to be living in peace—where they are supposed to be in peace—and whether punishment is the only effective way to stop this menace are crucial to combating the "Drug Menace" as a major threat to life and young lives. The drug problem in J&K is caused by a number of external and internal reasons, both of which exacerbate the situation. Drugs can easily enter every district of the erstwhile State...

Social Context Adjudication: 'A Tool That Can Be Used By The District Judiciary To Provide Social Justice Without Writs And PILs'

The 'Preambular promises' of justice, liberty, equality and fraternity give the blue print of the type of society which 'We the people of India' resolved to give to ourselves. The Constitution of India provides a roadmap by weaving a pattern of rights and duties for establishing an egalitarian society based on the principles of fraternity and social justice. When India gained independence, the three main goals to be achieved were national integration, bringing dignity and justice to those...

Crimes Against Women: Eyes Of The World Are On India

On November 10, 2022, India's track record on human rights was peer reviewed at the 41st session of the Universal Periodic Review (UPR) Working Group at the United Nations Human Rights Council. While various issues related to civil and political rights, as well as economic and social rights were highlighted during the session, a running theme across the entire session was the issue of crimes against women in India, which was flagged as a concern by almost every Member State of the UN...