Compensatory Jurisprudence of Constitutional Courts XII

Krishan Pal Singh was appointed as Clerk-cum-Cashier in Allahabad Bank on 23.09.1985 and his service was confirmed on 24.03.1986. During 1989, he was posted in Aurangabad Branch, District Lakhimpur Kheri, Uttar Pradesh. On 08.02.1989, there was a fire accident. Balak Ram, prime accused, was Krishan’s friend. Alleging involvement in incident relating to burning of Bank […]

Read more "Compensatory Jurisprudence of Constitutional Courts XII"

The Doctrine of Basic Structure II

I do not think there is any serious contestation. Constitution of Kenya, 2010 has a Basic Structure. Constitution of Kenya (Amendment) Bill, 2020 violates certain components of our Constitution’s Basic Structure. [Mr. Justice D.K. Musinga, President of Court of Appeal] Constitutions, like human beings, are never perfect. Judges were agreed, Indian Constitution has a Basic […]

Read more "The Doctrine of Basic Structure II"

Monstrosity of Winnability II

The nation continues to wait, and is losing patience. A political party can always give a reason, a candidate with criminal antecedents is found to be more suitable than a person who does not have criminal antecedents. If the political party is of the prima facie opinion, a candidate has been falsely implicated, it can […]

Read more "Monstrosity of Winnability II"

Contempt Jurisdiction VIII

“Babu Ram Gupta v. Sudhir Bhasin, (1980) 3 SCC 47 was clarified and held in part to be obiter by a Three-Member Bench in Rama Narang v. Ramesh Narang, (2006) 11 SCC 114. Rama Narang pointed out, the distinction between two categories of cases covered by Section 2(b) of The Contempt of Courts Act, 1971 – (i) wilful disobedience to […]

Read more "Contempt Jurisdiction VIII"

Red Herrings

Recently, Hon’ble Justice Prathiba M. Singh of Delhi High Court in Sulphur Mills Limited v. Dharmaj Crop Guard Limited, [CS(COMM) 1225/2018 & CC(COMM) 9/2019] said, to argue on the basis of submissions made before Commissioner of Customs, there is no novelty or inventive step in Indian Patent Number 282429, would lead to an anomalous situation […]

Read more "Red Herrings"

Seniority in Promotion / The Revival of Ray LXVIII

The principle of equality is applicable to employment at all stages and in all respects, namely, initial recruitment, promotion, retirement, payment of pension and gratuity. _____ The seniority­-cum-­merit principle is well established in service jurisprudence and does not need much discussion. Three-Judge Bench, B.V. Sivaiah v. K. Addanki Babu, (1998) 6 SCC 720 observed: “In […]

Read more "Seniority in Promotion / The Revival of Ray LXVIII"

Veil of Protest

13 March, 2015 – Members of Legislative Assembly, belonging to Party in Opposition, climbed over to Speaker’s dais and damaged furniture and articles, causing a loss of Rs. 2,20,093/-. _____ A copy of the video recording of the incident was procured from the Electronic Control Room of the Legislative Assembly. The first question to be […]

Read more "Veil of Protest"

Compoundable

Analyzing decisions [Biswabahan Das v. Gopen Chandra Hazarika, AIR 1967 SC 895; Sheonandan Paswan v. State of Bihar, (1987) 1 SCC 288], it is evident, legislative sanction for compounding of offences is based upon two contrasting principles: first, private parties should be allowed to settle a dispute between them at any stage (with or without […]

Read more "Compoundable"

Section 482 of The Code of Criminal Procedure, 1973 V / Supremacy of Ballot v. Authority of Police

Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra (2021) SCC Online SC 315 reiterates the parameters laid down in the celebrated decision of State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335. Seven Principles enunciated in Paragraph 102 of Bhajan Lal [Two-­Member Bench] are actually quoted with approval in Neeharika [Three-M­ember Bench]. Paragraph […]

Read more "Section 482 of The Code of Criminal Procedure, 1973 V / Supremacy of Ballot v. Authority of Police"

The Revival of Ray LXVII

State of J&K v. Triloki Nath Khosa, (1974) 1 SCC 19 explained, a classification for the purpose of Article 14 (as the present minimum age criteria undoubtedly is, in the present case) based on any criteria, must be based on a distinct characteristic, having a rational nexus with the object of the norm, or the […]

Read more "The Revival of Ray LXVII"

Be Kind Rewind, Strict Liability

“The Strict Liability Rule under Common Law is a relic of the past and should not be given effect in the Indian context.” – Justice Mohan M. Shantanagoudar, Taj Mahal Hotel v. United India Insurance Co. Ltd., (2020) 2 SCC 224. _____ There is certainly a phantom thread concerning the Rule of Strict Liability and […]

Read more "Be Kind Rewind, Strict Liability"

Retrospective Validating Statute

A competent Legislature can always validate a law which has been declared by Courts to be invalid, provided the infirmities and vitiating factors noticed in the declaratory Judgment are removed or cured. Such a validating law can also be made retrospective. All that Legislature does is to usher in a valid law with retrospective effect […]

Read more "Retrospective Validating Statute"

Dialogic Jurisdiction II

COVID-19 engulfed this country in March, 2020 and continues till date changing its face from time to time. Different mutations in the virus have made it dangerous and fatal at times. To provide food security to impoverished persons is the bounden duty of all States and Governments. Those migrant workers who possess a ration card […]

Read more "Dialogic Jurisdiction II"

Façade of ‘Commercial Decision’

Senior Advocate, Sanjoy Ghose argued for Captain Arvind Kumar Sharma, Captain K Sai Sashanka, Captain Jeetender Yadav, Captain Jitender Singh Randhawa, Captain Adish M. Chavan, Captain Reuben James, Captain B Sujimon, Captain Vishal V Chandorkar and Captain Vijay Kumar Dahiya before Hon’ble Justice Jyoti Singh of Hon’ble High Court of Delhi. The common thread was […]

Read more "Façade of ‘Commercial Decision’"

Names in CBSE Certificates

“What’s in a name?“, said Juliet. It conveys, natural characteristics of an individual are more important than his/her artificial/acquired characteristics. A poetic statement as it certainly is, it does not go in tune with significance of a ‘name’ in marking identity of an individual in his/her societal transactions. An individual must be in complete control […]

Read more "Names in CBSE Certificates"

Dialogic Jurisdiction I

Policy-making continues to be in sole domain of Executive. Judiciary does not possess authority or competence to assume the role of Executive, which is democratically accountable for its actions and has access to resources which are instrumental to policy formulation. However, this ‘separation of powers’ does not result in Courts lacking jurisdiction in conducting a […]

Read more "Dialogic Jurisdiction I"

Gradual Implementation

The theme of ‘gradual implementation’ of law or legal principles, was also spoken about in Javed v. State of Haryana, (2003) 8 SCC 369 which held, there is no constitutional imperative that a law or policy should be implemented all at once: “when the policies have far-reaching implications and are dynamic in nature, their implementation […]

Read more "Gradual Implementation"

The Nature of Judicial Power: Constitutional Ethos II

Courts must be open, both in physical and metaphorical sense. Citizens have a right to know about what transpires in course of proceedings. Public scrutiny is crucial to maintaining transparency and accountability. Cases before Courts are vital sources of public information about activities of Legislature and Executive. Freedom of speech and expression extends to reporting […]

Read more "The Nature of Judicial Power: Constitutional Ethos II"