Justice (Rtd) Karnan Judgment: Did SC Miss the Main Issue?

The seven-judge bench of the Supreme Court, which was constituted to examine whether or not Justice CS Karnan was guilty of having committed contempt, has now released its detailed judgment in continuance of its earlier order dated May 9, 2017, whereby it had found Justice Karnan to be guilty of contempt of court. When the order had come, I had co-authored a piece arguing that the actions of Justice Karnan have certainly lowered the image of the judiciary before the general and therefore, the...

Senior Advocate HS Phoolka Chooses 1984 Riot Victims Over ‘Office Of Profit’

Eminent lawyer and AAP leader HS Phoolka has decided to give up his post as the Leader of Opposition in Punjab Assembly after the Delhi Bar Council barred him from practicing while holding the cabinet-rank post and enjoying office of profit.Having fought court battles for over 30 years for the victims of 1984 anti-Sikh riots cases without charging any fees, Phoolka had tweeted that he would...

Why Prime Minister Wants To Install His Own Man In Rashtrapati Bhavan?

The new President of India would assume office on 25th July. The people of India are discussing about the constitutional role of the President of India. The majority of people believe that the President has no special power and he is only a rubber stamp who acts as per the wishes of the elected Government which plays a very important role in his election. Many of them expect many things from the President as he adorns the highest constitutional office of the country and state that he can play a...

Remedy Under SARFAESI Act Subject To Provisions Of Limitation Act: Calcutta HC [Read Judgment]

The Calcutta High Court on Friday ruled that any remedy under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) would be subject to the provisions of Limitation Act, 1963.“The Act of 2002 gives an independent right to a secured creditor to proceed against its financial assets and in respect of which such asset the...

Visually-impaired Misses DU MPhil Test As Train Door Remains Shut: Delhi HC Takes Suo Moto Notice Of News Report

Moved by a media report about a 100 per cent visually-impaired youth missing MPhil entrance examination at Delhi University early this month, after he failed to board the coach reserved for the disabled on Gorakdham Express train from Unnao in Uttar Pradesh, the Delhi High Court on Friday sought to know from the Railways its preparedness for the disabled.A bench of Acting Chief Justice...

How The Finance Act 2017 Cripples National Green Tribunal(NGT)

Background In 2010, the Parliament enacted the National Green Tribunal (NGT) Act and the National Green Tribunal started functioning from 2011. Over the last 6 years, the National Green Tribunal has emerged, without doubt, as the most effective environmental court in the world. With hundreds of cases heard and decisions rendered, India's citizens have for the first time an institution which is independent, responsive, compassionate and able to deal, to some extent, with the environmental crisis...

Appointments: Nine Additional Judges For Allahabad HC, Six For Punjab And Haryana HC [Read Notifications]

President Pranab Mukherjee on Thursday approved the appointment of six Additional Judges to Punjab and Haryana High Court. The Judges appointed are Arvind Singh Sangwan, Rajbir Sehrawat, Anil Kshetarpal, Avneesh Jhingan, Mahabir Singh Sindhu, and Sudhir Mittal. The appointments have been made for a period of two years.Another notification confirmed appointment of nine Judges as Additional...

Senior Advocate HS Phoolka Can't Represent '1984 Riot Victims' : Delhi Bar Council

No scope for Phoolka representing ’84 riot victims pro bono, should have surrendered his licence like Jaitley, Prasad, says Delhi Bar Council.The Bar Council of Delhi said Thursday that Aam Aadmi Party leader and Leader of Opposition in Punjab Assembly Senior Advocate Advocate HS Phoolka cannot be allowed to represent the victims in the 1984-anti-Sikh riots cases pro bono and should...

Government, Governance, Lynching And Rule Of Law

India, being the largest democracy in the world, is the outcome of the principle of the rule of law and aspires to establish an egalitarian social order. Democracy has been best defined as “the government of the people, by the people for the people”, it expects prevalence of genuine orderliness, positive propriety, dedicated discipline and sanguine sanctity by constant affirmance of constitutional morality which is the pillar stone of good governance. Democracy requires us to respect and develop...

Clinical Legal Education As A Means To Advance Access To Justice In India

Background The Preamble of the Indian Constitution provides that justice – social, economic and political has to be provided to the citizens. Part IV of the Indian Constitution provides fundamental rights to the citizens. Art. 8 of the Universal Declaration of Human Rights provides that ‘everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the Constitution or by law.’ Art. 39A of the Indian Constitution...

A Legend Steps Out To Bat On A Dicey Pitch: What Lies Ahead For The New Attorney General For India

Senior Advocate KK Venugopal, a doyen of the Indian bar is the thirteenth lawyer to become the Attorney General for India. At the age of eighty-six, he will also be the oldest man to have been appointed AG. This shouldn’t case any doubts on his ability to do this enormously stressful and important job – anyone who has seen him in the Supreme Court for a length of time would know that he is as sprightly and as active as someone less than half his age. In just the last few years, he has handled...

Remembering Justice Tarkunde: A Crusader For The Cause Of Civil Liberties

Today is the 108th Birthday of Justice TarkundeToday, when the country is passing through a severe stress on the state of Human Rights in different dimensions, we remember the role and contributions of Justice Tarkunde on his 108th birthday.After the passing away of Tarkunde on March 22, 2004, the country has faced Human Rights issues under different regimes.From time to time, the civil liberties movement has been responding to such challenges. Time has come to consider the responses of the...