“There can be no rule of law, there can be no democracy unless there is a strong, fearless and independent Judiciary. This independence and fearlessness is not only expected at the level of the Superior Courts but also from the District Judiciary. Most litigants only come in contact with the District Judiciary. They cannot afford […]Read more "Purity of Character II"
It was my request to the Supreme Court that all while they let go of death in case after case, to not only explain always why those cases are not ‘rarest of rare’, but also explain whether death is a penalty or an award. In the last 11 months, I have briefly described 15 cases whereby […]Read more "Review of Death Penalty XVI-XVII-XVIII"
The primary function of the Courts is to interpret and apply the laws according to the will of those who made them and not to transgress into the domain of policy-making. It is not for the Court to pronounce policy. It cannot term a particular policy as fairer than the other. Courts must exercise restraint. “Untouchability […]Read more "Untouchability"
“I am glad that Arghya Sengupta and Ritwika Sharma have decided to publish a book dealing with the appointment of Judges to the Supreme Court of India. From time immemorial, mankind desired to have wise and humane Judges with the wisdom to discriminate between truth and falsehood. The legends of King Solomon and Dharmaraja and […]Read more "Appointment of Justice"
“It is settled law that the fundamental right under Article 30 cannot be waived. The historical reasons for enacting Article 30(1) have been set out in some detail in the Judgment of Shelat, J. and Grover, J. in Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225. This was further fleshed out in the […]Read more "The Revival of Ray XXX"
Shivrang Yadavrao Waghmare was appointed as a Judicial Magistrate on 01.03.1985. He was dismissed from service on 15.01.2004. The allegation was that Justice Waghmare had a ‘proximate relationship’ with a lawyer and thus, decided favorably in favor of the lawyer’s clients, including the lawyer’s family when they were parties to certain proceedings. This is ‘gratification’ […]Read more "Purity of Character I"
“The most significant impact of the Doctrine of Separation of Powers is seen and felt in terms of the institutional independence of the Judiciary from other Organs of the State. Judiciary, in terms of personnel, the Judges, is independent. Constitutional Bench Judgments have uniformly ruled that the Doctrine of Separation of Powers, though not specifically […]Read more "The Doctrine of Separation of Powers"