Off The Cuff Remarks Damaging To The System

In the past few weeks there have been casual and uninformed remarks. The views and counter views about the system of appointment of judges and the working of the courts display emotion and lack of knowledge. It is inappropriate for persons in high offices to speak casually and out of context. The system of appointment of judges to the higher judiciary is a serious issue that calls for introspection and debate. But in the name of debate and discussion all sorts of comments are made. The...

What If 'Basic Structure Doctrine' Is Not There & Parliament Has Absolute Supremacy?

We examine how the Constitution, and not the Parliament, is sovereign, contrary to VP Jagdeep Dhankar's recent remarks.

Will Of The People; India A Constitutional Democracy Not A Majoritarian Democracy

Much has been said in recent times about the striking down by the Supreme Court of the constitutional amendment introducing the National Judicial Appointments Commission (NJAC). As is well known, the Supreme Court struck down the constitutional amendment on the ground that it impinged on the independence of the judiciary, which is a basic feature of our Constitution. The judgement has been denounced by some as being against the “mandate of the people”- the underlying assumption being that...

Collegium System Keeping Judges Extremely Busy, Adversely Affecting Their Duties: Union Law Minister Kiren Rijiju

Continuing to voice his opinion regarding the Collegium System on public forums, Union Law Minister Kiren Rijiju recently said that the collegium system to appoint judges, which is an administrative job, is keeping the judges 'extremely busy' taking away their precious time, thereby adversely impacting their duties as judges.The Union Law Minister also said that in the year 1993, in the...

Justice Nagarathna Disagrees With Justice MR Shah In Two Civil Appeals

On January 13, Supreme Court judge Justice Nagarathna delivered two judgments expressing disagreement with the views expressed by her senior colleague Justice MR Shah in two cases.Both cases were civil appeals. The first one, C Haridasan versus Anappath Parakkattu Vasudev Kurup was an appeal arising from a judgment of the Kerala High Court which set aside the decree of specific performance...

'Woman Not A Chattel, Has Identity Of Her Own; Marriage Won't Take Away Her Identity' : Supreme Court Strikes Down Income Tax Provision

The Supreme Court held that excluding Sikkimese woman merely because she marries a non-Sikkimese after 01.04.2008 from exemption provision under Section 10(26AAA) Income Tax Act is is totally discriminatory and thus unconstitutional.A woman is not a chattel and has an identity of her own, and the mere factum of being married ought not to take away that identity, the bench of Justices M R Shah...

Don't Treat P&H HC Judgment Allowing Minor Muslim Girl To Marry As Precedent, Says Supreme Court

The Supreme Court on Friday stated that the judgment of the Punjab and Haryana High Court in the case Javed v. State of Haryana and Others, which held that a Muslim girl aged 15 years can enter into a legal and valid marriage as per personal law, should not be relied upon as a precedent in any other case.A bench comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha passed...

'Why 5 Months For FIR?' : Supreme Court Questions Delhi Police's Delay In Hate Speech Case Over Hindu Yuva Vahini Meet

The Supreme Court on Friday questioned the Delhi Police regarding its progress in the investigation in hate speech case over the Hindu Yuva Vahini event organised under the leadership of Sudarshan News TV editor Suresh Chavhanke in Delhi in December 2021.Noting that the FIR was filed five months after the incident and no chargesheet has been filed yet, a division bench comprising Chief Justice...

5th Anniversary of Supreme Court Judges’ Press Conference: What Has Changed and What Has Not?

The fifth anniversary of the ‘historical’ press conference by four Supreme Court Judges - held on January 12, 2018 in New Delhi- was yesterday. Those who have been witnesses to it within and outside the Court have moved on with their responsibilities considering it perhaps as a one-off event,which had tarnished the image of the Supreme Court for a brief period.The 2018 press conference invited unusual attention because it was unprecedented that four senior-most puisne Supreme...

Uphaar Fire Tragedy: Delhi HC Rejects Plea Seeking Stay On Netflix Series ‘Trial By Fire’ [VIDEO]

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Paramilitary Forces Are Armed Forces Of Union, Old Pension Scheme Applicable To Personnel Of All CAPFs: Delhi High Court

The Delhi High Court has ruled that the benefit of Old Pension Scheme (OPS) in accordance with CCS (Pension) Rules, 1972 shall be applicable for all the personnel of Central Armed Police Forces and directed the Centre to issue necessary orders within eight weeks.The division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna, in its decision on a batch of 82 petitions...

Deceased Father's Dues Qualify As 'Legally Enforceable Debt', Complaint U/S 138 NI Act Against Son Maintainable: Karnataka High Court

The Karnataka High Court has said that a son being the legal representative is liable to discharge the liability of the deceased father under the Negotiable Instruments Act. A single judge bench of Justice K Natarajan rejected the argument canvased by one respondent/accused B T Dinesh, that there is no legally enforceable debt against him as the loan was borrowed by his father,...