Reasonable Restriction II

Rewarded with the presence of Justice A.N. Ray, Himat Lal K. Shah, (1973) 1 SCC 227 held: “Public meeting in open spaces and public streets forms part of the tradition of our national life. In the pre-Independence days such meetings have been held in open spaces and public streets and the people have come to regard […]

The Revival of Ray II

I have not published 10,00,000 further words of Chief Justice A.N. Ray. Are his words at Calcutta High Court or at Supreme Court his only songs? I bow down to Hon’ble Chief Justice Dipak Misra and Hon’ble Justice Dr. D.Y. Chandrachud. They have quoted Samsher Singh v. State of Punjab, (1974) 2 SCC 831 in […]

The Strange Alchemy of Life and Law

“A distinguished South African Judge, Albie Sachs has spoken of the importance of understanding the value of Constitutional Transformation. In his book titled ‘The Strange Alchemy of Life and Law’, explaining the role of the Constitutional Court, Sachs has this to say: “It is difficult to analyze the impact that Court Decisions have on actual […]

Aggression of SC Judges

Judge 4 of Indian Supreme Court, Justice Lokur, will retire this year. Earlier, he questioned the integrity of the Chief Justice. April, he has interestingly worded a decision. “The couldn’t-care-less and insouciant attitude of Union of India with regard to litigation, particularly in Supreme Court, has gone a little too far… Union of India must […]

The Last Word on Aiyaary

Last year, it was claimed before Bombay High Court, trailers of The State v. Jolly LL.B 2 projected Indian Judiciary and Indian Legal System in a derogatory manner. Court found there was a prima facie case of contempt. It constituted a Three-Member Committee, out of which Two Members were Lawyers. Bom HC’s ‘Legitimization of Special […]

An Alleged Judicial Crisis on Swami Vivekananda’s 155

Two months ago, Judges 2-3-4-5 of Supreme Court wrote a long letter to the Chief Justice, complaining of assignment of Benches without any rational basis. Last Friday [*January 12, 2018*], the Judges called a Press Conference, irreversibly provoked by the Bench chosen by the Master of the Roster [Chief Justice of India], to hear a plea […]

The Nature of Judicial Power: The Theory of Creative Interpretation

My Lord, Section 2(1)(d) of The Protection of Children from Sexual Offences Act, 2012 should engulf and embrace, in its connotative expanse, the mental age of a person or the age determined by the prevalent science pertaining to psychiatry so that a mentally retarded person or an extremely intellectually challenged person, who even has crossed […]

Scandalisation of Court

‘Scandalisation of Court’ is not ‘precisely explained’ in Supreme Court cases [See, In Re: Hon’ble Shri Justice C.S. Karnan, Suo-Motu Contempt Petition (Civil) No. 1 of 2017]. It is a species of contempt and may take several forms. A common form is the vilification of the Judge [See, Shri Baradakanta Mishra v. The Registrar of […]

Primacy of Views III: The Lokpal and Lokayuktas Act, 2013

SC in Mohapatra, (2002) 8 SCC 1 had accorded primacy to Hon’ble Chief Justice in consultative process for appointment of an Orissa Lokayukta. Justice Lokur in Chandrashekaraiah, (2013) 3 SCC 117 however confined law laid down in Mohapatra to the facts of that case only. It was held, views expressed by Chief Justice of High Court […]

The Disputed Reality of Parental Alienation Syndrome

A citation of questionable scientific standard. _____ In a child custody dispute in Suburbs of Pittsburgh, 3 teenage boys begged a Family Court Judge not to force continued visits to their father because, they said, he was physically abusive towards them. Judge relied on an Expert Witness, retained by the father, a Columbia University Professor […]

1+3 Judges Disagree With Justice Chelameswar on ‘Cheating Students’

Madhya Pradesh Professional Examination Board ridded certain students of their results, awarded in their professional MBBS course, on the ground, they had gained admission to the course by resorting to unfair means. Hon’ble Justice Chelameswar (Presiding Judge) had expressed the view, complete justice in the matter would be rendered, if the qualifications successfully acquired by […]

The Advanced Age of Sushil Ansal

On March 05, 2014 Hon’ble Justice T.S Thakur, not yet CJI, observed, “cynical Chalta Hai Attitude… more often than not costs society dearly in man-made tragedies” [(2014) 6 SCC 173]. The price of Sushil Ansal’s ‘Chalta Hai Attitude’ was pegged at Rs. 30 Crores [(2015) 10 SCC 359]. That is merely 18 Crores more than what a […]

‘His’ Story: Section 123(3) of The Representation of the People Act, 1951

Sub-section (3) of Section 123 of The Representation of the People Act, 1951 deems the following to be a ‘corrupt practice’: “The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the […]

Fraudulent Decrees

“It is a settled proposition of law that a decree obtained by playing fraud on Court is a nullity and that such a decree could be challenged at any time in any proceedings. This proposition is certainly not in dispute. Learned Counsel also placed reliance on Union of India v. Ramesh Gandhi, (2012) 1 SCC […]

Contemptuous Katju

Armed with 35 years of hindsight, Justice Bhagwati, in 2011, expressed regret for his 1976 Judgment upholding Prevention Detention during the Emergency. Justice Chandrachud did so in 1978 in case his chances of being CJI were blighted. Were these declarations simply a flourish to catch the public eye? Do Judges even concede they are wrong? […]

The Nature of Judicial Power: Hon’ble Justice Dipak Misra

“When a law is enacted with retrospective effect, it is not considered as an encroachment upon judicial power when the legislature does not directly overrule or reverse a judicial dictum. The legislature cannot, by way of an enactment, declare a decision of the Court as erroneous or a nullity, but can amend the statute or […]

Chamber Practices of Former Supreme Court Judges

Retired Hon’ble Chief Justice of India A.N. Ray, though expected to be President, one day, once said, as evidenced by George H. Gadbois, Jr, “An Indian Chief Justice, like the Lord Chief Justice, in England, should not take up any post-retirement positions.” Taking up a post-retirement position is one thing; soliciting one is quite another. […]

Judge Made Law: Fixed Term Sentences I

It was contended before SC in Vikas Yadav v. State of Uttar Pradesh, [Criminal Appeal Nos. 1531-1533 of 2015], under Section 302 of The Indian Penal Code, 1860 life is minimum and maximum is Death Sentence and therefore Court has a choice between the two and is not entitled to follow any other path. It would […]

Prima Facie

Throughout the history of the use of the term in Latin, ‘prima facie’ meant only the most cursory, initial impression. It retained that meaning upon its adoption into colloquial English. The term ‘prima facie’ is used in the law both as an adjective and as an adverb. Common Law Courts which developed the judicial meaning […]

The Nature of Judicial Power: Powers of Review of Supreme Court I

Enviro Legal Action v. Union of India, (2011) 8 SCC 161 elaborated scope of Article 137. Kamlesh Verma v. Mayawati, (2013) 8 SCC 320 further held as under: (A) Review Maintainability: Discovery of new and important matter or evidence which, after the exercise of due diligence, was not within knowledge or could not be produced; […]