“In the midst of Ripon’s Viceroyalty, in 1882, for the first time in the history of colonial India, an Indian Judge, Romesh Chunder Mitter, was appointed to act as Chief Justice of Calcutta High Court, when Chief Justice Sir Richard Garth went on leave. It would take another few decades for an Indian, Badruddin Tyabji, […]
Read more "An Independent Colonial Judiciary"I was born on 5th February. This is Article No. 502. This blog was born on 21st December, 2014. Hon’ble Justice R.F. Nariman in Sabarimala Temple, covered previous decisions of SC on scope and effect of religious freedom contained in Articles 25 and 26. I highlight hereby all decisions mentioned. I bow down to: i) […]
Read more "Article No. 502: The Revival of Ray VII"“Recently on 14 September 2018, Learned Chief Justice, speaking for Present Bench of Three Judges handed down a verdict granting compensation of Rs 50 Lakhs to a Space Scientist who was found upon further investigation by CBI to have been wrongfully implicated and subjected to custodial interrogation. This was on an allegation, he had leaked […]
Read more "Compensatory Jurisprudence of Constitutional Courts VII : James Watson"Writ Petition (Civil) No. 373 of 2006 Hon’ble Justice Indu Malhotra The Petitioners have stated that they learnt of the practice of restricting the entry of women in the age group of 10 to 50 years in the Sabarimala Temple in Kerala from three newspaper articles written by Barkha Dutt (Scent of a Woman, Hindustan […]
Read more "The Sabarimala Temple I"Joseph Shine v. Union of India, [Writ Petition (Criminal) No. 194 of 2017] Hon’ble Justice Indu Malhotra The issue is whether ‘adultery’ must be treated as a penal offence or a marital wrong. Adultery has the effect of not only jeopardizing the marriage between the two consenting adults, but also affects the growth and moral […]
Read more "Section 497: A Tripartite Labyrinth"While stating, ‘genesis’ of creamy layer principle is to be found in State of Kerala v. N.M. Thomas, (1976) 2 SCC 310 Hon’ble Justice R.F. Nariman quoted a few words of Hon’ble Justice Krishna Iyer in Jarnail Singh v. Lachhmi Narain Gupta, [Special Leave Petition (Civil) No. 30621 of 2011]. Of course, Ray CJ had […]
Read more "The Revival of Ray VI"“Indubitably, Live Streaming of Court Proceedings has the potential of throwing up an option to the public to witness Live Court Proceedings which they otherwise could not have due to logistical issues and infrastructural restrictions of Courts; and would also provide them with a more direct sense of what has transpired. Thus, technological solutions can […]
Read more "An Alive Stream II"Hon’ble Justice A.K. Sikri (CJI, Sikri and Khanwilkar JJ) In Dattatraya Govind Mahajan v. State of Maharashtra, (1977) 2 SCC 548, Spirit of our Constitution was explained thus: “Once we grasp Dharma of the Constitution, new orientation of the Karma of Adjudication becomes clear. Our Founding Fathers, aware of our Social Realities, forged our Fighting […]
Read more "The Aadhaar Judgment : 26.09.2018 / The Revival of Ray V / Dharma of Constitution v. Karma of Adjudication"It must be true, friendships & rivalries, losses & victories never have an end, only a beginning. Spectacular Judges of Supreme Court have hoped for an impactful conclusion. The irreversibly powerful ones have known more. There is never a last word. Life travels with surety of a pendulum clock, tick tock. We remember, in Puttaswamy, [Writ […]
Read more "The Last Word"“In legal parlance, ‘consortium’ is a compendious term which encompasses ‘spousal consortium’, ‘parental consortium’ and ‘filial consortium’. The right to consortium would include company, care, help, comfort, guidance, solace and affection of deceased. With respect to a spouse, it would include sexual relations with deceased spouse; parental consortium is granted upon premature death of a […]
Read more "Consortium I"Navtej Singh Johar v. UOI, [Writ Petition (Criminal) No. 76 of 2016] was filed for declaring Section 377 to be unconstitutional. It was held by: Dipak Misra CJI and A.M. Khanwilkar J. The phrase ‘against the order of nature’ has neither been defined in any provision of the IPC. What is ‘against the order of nature’? Procreation […]
Read more "#The377Debate II : 06.09.2018"“Read, Read for now I shall say a lot. The evidence of my battle fought. The only way I shall make you learn, I tried a lot when it was my turn.” Hon’ble CJI Dipak Misra shall retire in less than 30 days. His words on word-craft shall be remembered too as his ‘last words’. […]
Read more "Pragmatic Realism v. Romantic Idealism v. Recluse Extremism"“It is a well settled position of law, testimony of a witness cannot be discarded in toto merely due to presence of embellishments or exaggerations. Doctrine of ‘falsus in uno, falsus in omnibus’, which means ‘false in one thing, false in everything’ has been held to be inapplicable in Indian scenario, where tendency to exaggerate […]
Read more "Falsus in Uno, Falsus in Omnibus"RNR, May 13, 2017 : “I intuitively conclude, mobile phones inside Courtrooms undermine the judicial process. One should be not be allowed to record, broadcast or communicate with outsiders while inside Courtrooms, without specific permission from Court itself.” RNR, November 13, 2017: “Even if Live Tweeting is to be permitted one day, it should be […]
Read more "An Alive Stream I"George H. Gadbois, Jr., chronicler of 93 Judges of Supreme Court of India, had this to say once: “When I first wrote to Justice A N Ray requesting an interview, I included a couple of articles I had published earlier. This enabled him to see that I was rather well-informed about him and the Court. […]
Read more "The Revival of Ray III"I am happy, a book finally celebrates Mrs. Gandhi. ‘Did you know Eve Curie, the scientist Marie Curie’s daughter, was a guest at the wedding? And Harivansh Rai Bachchan, the poet? He and his wife, Teji, sang a duet.’ ‘Six months before Operation Blue Star, as troubles escalate, Mrs. Gandhi decides, on a whim, to […]
Read more "The Woman – Indira Priyadarshini Gandhi"“A single revolutionary spark may kindle a fire that, smouldering for a time, may burst into a sweeping and destructive conflagration.” It was the Judgment of Holmes J in Schenck v. United States, 249 US 47 at 52 (1910) that gave rise to the test of ‘clear and present danger’ for determining whether restrictions on […]
Read more "Clear and Present Danger"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 […]
Read more "Reasonable Restriction 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 […]
Read more "The Revival of Ray II"“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 […]
Read more "The Strange Alchemy of Life and Law"
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