Purity of Character II

“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 […]

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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 […]

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Appointment of Justice

“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 […]

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The Revival of Ray XXX

“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 […]

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Purity of Character I

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’ […]

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The Doctrine of Separation of Powers

“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 […]

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