Top Three News
Basic Structure - Kesavananda Returns ?
Last September I was invited by NALSAR University students to visit their campus for a talk. While they wanted scholastic content high on the jurisprudence quotient, I was in a more playful mood. So the poor organizers must have raised an eyebrow when I made a strange request. I wanted 13 chairs on the stage. The second request must have cleared the mist. I demanded that name tags be made of all the judges who heard the Keshavananda Bharati Case and for four other people. Who were in this Gang...
Delhi High Court Rejects Plea Seeking Review Of Judgment Dismissing PIL Against CJI Chandrachud’s Appointment
The Delhi High Court on Monday rejected a plea seeking review of a judgment dismissing the public interest litigation that had last year challenged the appointment of Chief Justice of India DY Chandrachud.Delhi High Court to hear a plea seeking review of an order dismissing the PIL that had last year challenged appointment of Chief Justice of India DY Chandrachud, with Rs. 1 lakh...
Pension Of High Court Judge Who Has Been Re-appointed After Retirement As Ombudsman Cannot Be Deducted From Salary: Kerala HC
The Kerala High Court recently considered the question as to whether the pension of a High Court judge, who has been reappointed as an Ombudsman after retirement, could be deducted from his salary, and answered the same in the negative. Justice Anu Sivaraman, observed in this regard, "the provisions of the Act (Panchayat Raj Act) and the Rules (Ombudsman for Local Self Government...
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...
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...