Rajasthan HC's Unreasoned, Indefinite Interim Order In Sachin Pilot's Case: Whither Law Of Precedent?

When I first read the order of the Rajasthan High Court in Prithivraj Meena and Others v The Hon'ble Speaker – the latest battle in the infamous Pilot-Gehlot war – I thought there were a few pages missing. The order first reproduces verbatim all the grounds raised by the dissenting MLAs in their petition. Then, it proceeds to record the submissions of each of the counsel on either side in some detail. After engaging in this painstaking exercise, the order suddenly turns sketchy. Without...

Police Cannot Use Media To Influence Public Opinion To Accept That Accused Is Guilty: Delhi HC [Read Judgment]

In a case filed by Pinjra Tod member Devangana Kalita seeking the quashing of the press note issued against her by the Delhi Police alleging her involvement in conspiracy behind Delhi riots, the Delhi High Court has observed that the police's justification to fuel a media trial merely because the sympathisers of the accused are proclaiming her innocence, cannot be countenanced.The Single Bench...

Advocate-on-Record System: High Courts Lack Power To Restrict 'Right To Practice' Of Advocates

"Now, lawyers can practise in all courts." This was how 'The Hindu' reported the news of coming into effect of Section 30 of the Advocates Act on 15th June 2011. Though the Advocates Act became a law in 1961, Section 30, which can be termed as the heart of the statute, came into force only fifty years later.Gazette NotificationAOR Systems in High CourtsBasically, AOR system puts some additional criteria and qualifications on Advocates like passing of AoR exam conducted by a High Court,...

'Dignity Of The Dead Must Be Respected': Karnataka HC Directs Govt, BBMP To Frame New Guidelines For Burial Of COVID-19 Patients

The Karnataka High Court on Monday directed the State government and Bruhat Bengaluru Mahanagara Palike (BBMP) to relook at the guidelines/protocol issued by them for disposing of dead bodies of persons tested positive for COVID-19. A division bench of Chief Justice Abhay Oka and Justice Aravind Kumar said :"According to us, all the authorities are bound to come out with...

Madras HC Directs The Center To Formulate A Committee To Provide OBC Reservations In State Surrendered Seats In All India Quota For Medical Seats [Read Judgment]

The Madras High Court today ruled that there are no constitutional impediments for the Central Government to frame laws to provide reservation to the Other Backward Categories, Scheduled Castes and Scheduled Tribes in the State surrendered seats in the all India quota for medical seats in Tamil Nadu. The Bench of Chief Justice AP Sahi and Justice Senthil Ramamoorthy passed the verdict...

[Breaking] SC Seeks UGC Response To Pleas Against Direction To Hold Final Year Exams By Sep 30; To Hear Petitions On July 31 [Read Order]

The Supreme Court on Monday adjourned till Friday (July 31) the hearing on the petitions challenging the UGC guidelines, which made it mandatory for universities to conduct their final year exams by September 30.A bench of Justices Ashok Bhushan, R Subhash Reddy & BR Gavai directed the Solicitor General, Tushar Mehta, to file a common reply for the University Grants Commission(UGC) to...

Pleas Challenging UGC Directive To Wrap Final Year Exams By September 30 [LIVE UPDATES From SC]

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[Column] 'Plain Is Fine: Law, Legislation, And Language' , By Justice Dama Seshadri Naidu

Recently, Section 65B of the Indian Evidence Act was subjected to close judicial scrutiny in Arjun Panditrao Khotkar v.Kailash Kushanrao Gorantyal (decided on 14 July 2020). A three-Judge Bench of the Apex Court, on a reference, has ruled on the provision's legislative scope and purpose. Besides the judgment, I have read a few articles on it in LiveLaw. I do not intend to—nor can I actually—join the issue. But what caught my attention is the language used in that provision; that prompted...

Unconstitutionality Of Publishing Of Marriage Notices Under Special Marriage Act

Following complaints of misuse of personal information contained in 'Marriage Notices' published in the Registration Department's website, the Kerala Government has issued a circular to stop the practice of uploading scanned copies of 'notices of intended marriage' submitted to the Sub Registrar Offices. Though this solved a part of the problem, the larger part still remains unaddressed. The uploading of notices made access to private information easier for the 'communal groups' to misuse...

Denial Of Child Care Leave To A Govt Contractual Employee In Effect A Denial Of Rights Of Child : Uttarakhand HC (FB)

The Full Bench of the Uttarakhand High Court has held that even a person employed on contractual basis is entitled for Child Care Leave (CCL). "CCL is primarily for the benefit of a child. A child whose mother happens to be employed on a contractual basis with the Government, has the same needs as any other child. A denial of CCL to a government contractual employee would in effect...

Women In Constituent Assembly: G. Durgabai, The Most Frequent Woman Voice

('Women In Constituent Assembly' series will discuss the role played by women in the Constituent Assembly of India. This is the third article of the series)15th July 2020 marks 111th birth anniversary of G. Durgabai. In this piece, I attempt to provide a glimpse into the wide-ranging interventions of the most active woman member of the Constituent Assembly. Born on 15th July 1909 in Rajahmundri, Kakinada, G. Durgabai participated in the freedom movement since her early childhood. At the...

Rajasthan Crisis : Can Governor's Discretion Override Govt Demand To Summon Assembly Session?

The political drama in Rajasthan has entered the 'second act', with the entry of Governor Kalraj Mishra into the scene.The spotlight shifted to the Raj Bhavan after the Chief Minister, Ashok Gehlot, sought to summon the house to prove the majority oh his government. This is apparently with the intention to bring the rebel MLAs led by the sacked Deputy Chief Minister Sachin Pilot back to the fold by waving the threat of disqualification under Paragraph 2(1)(b) under Tenth Schedule of the...