Cent Percent, Sen Precedent

December 22, 2014: “In 1923, Scrutton L.J. expressed his regret that the “Counsel who argued this case would probably not recognize any of the Judgments as having any relation to the arguments they addressed to us” [Smith v. Smith, (1923) P. 191, 202]. Lord Maugham too lamented once that it was hard for him to […]

Architecture, Structure, Bricks and Walls

In Re: Daksh The Basic Structure Doctrine has an able critic in Senior Advocate Raju Ramachandran [RR]. Christmas Comedy Night with RNR RR: “When you talk of a Structure, four professions are involved – architecture, civil and structural engineering, masonry and brick laying.” RNR: Let’s see. Katrina Kaif – Architecture (God’s Contribution, Genes), Engineering (Gym, […]

Indian Ecclesiastical Jurisprudence

“Ecclesiastical Jurisprudence in India revolves around exposition of Constitutional Guarantees under Articles 25 and 26 as made from time to time. The development of this branch of jurisprudence primarily arises out of claimed rights of religious groups and denominations to complete autonomy and prerogative of exclusive determination of essential religious practices. A decision on such […]

Tape Records of Speeches

Tape records of speeches are “documents”, as defined by Section 3 of The Evidence Act, and stands on no different footing than photographs [See, Ziyauddin, (1976) 2 SCC 17]. They are admissible in evidence on satisfying the following conditions: (a) The voice of the person alleged to be speaking must be duly identified by the maker […]

NJAC Judgment II: Jasti Chelameswar J

Honourable. Honourable. Honourable. Hon’ble Justice Altamas Kabir has shared the Bench with Hon’ble Justice J. Chelameswar for days on end. Hon’ble Justice Altamas Kabir was sworn in at the Hon’ble Calcutta High Court on the same day as Hon’ble Justice Ruma Pal. They are friends. It is widely rumored, Hon’ble Justice Ruma Pal facilitated Hon’ble […]

Stale Claims Before Writ Court

“Writ Court while deciding a Writ Petition is required to remain alive to the nature of the claim and the unexplained delay on the part of the Writ Petitioner. Stale claims are not to be adjudicated unless non-interference would cause grave injustice. In the case at hand, the employee was dismissed from service in the […]

Judges with Colorful Lives: No. 9

‘Colorful’ does not only indicate vices or indiscretions. If Justice Shamit Mukherjee, at No. 10, is Grey, then my choice for No. 9 represents Red. It must be granted to Hon’ble Justice K.S.P. Radhakrishnan. Jallikattu, (2014) 7 SCC 547 and studying of “Bull Behavioural Ethology” fetched Justice Radhakrishnan: PETA (India) Man of the Year Award, […]

Recusants

The principle of ‘real likelihood of bias‘ has now taken a tilt to ‘real danger of bias’ and ‘suspicion of bias’ [(2004) 8 SCC 788]. Theatrics of Learned Senior Counsels? “Difficult to say for sure. But deep within, don’t we all understand” [(2014) 8 SCC 470]. No one can suppose, Hon’ble Justice Dave could be, […]

Referred to Larger Bench I: The Rules of The Game Principle

In Maharashtra State Road Transport Corporation v. Rajendra Bhimrao, (2001) 10 SCC 51 a Two-Judge Bench [Babu and Raju JJ] held, “the rules of the game, meaning thereby the criteria for selection, cannot be altered by the authorities concerned in the middle or after the process of selection has commenced.” In K. Manjusree, (2008) 3 SCC 512 […]

The Nature of Judicial Power: Sir John Fenwick

“It is settled law by a catena of decisions of this Court, Legislature cannot directly annul a Judgment of a Court. The legislative function consists in “making” law [See, Article 245 of the Constitution] and not in “declaring” what the law shall be [See, Article 141 of the Constitution]. If Legislature were at liberty to […]

The Sting Operator

The expression ‘sting operation’ seems to have emerged from the title of a popular movie called “The Sting” which was screened sometime in the year 1973. The movie was based on a somewhat complicated plot hatched by two persons to trick a third person into committing a crime. Being essentially a deceptive operation, though designed […]

Hon’ble Justice N.V. Ramana

‘Eligibility’ is based on objective facts. ‘Suitability’ pertains to the realm of an opinion. The appointment of a High Court Judge may only be judicially scrutinized on the ground of ‘eligibility’ or ‘lack of effective consultation’. Judicial review, in this regard, does not lie on the assessment of the ‘suitability’ of the recommendee. Hon’ble Supreme […]

Shri Pranab Mukherjee’s Election

Order XXXIX of The Supreme Court Rules, 1966 deals with Election Petitions under Part III of The Presidential and Vice-Presidential Elections Act, 1952. In Purno Agitok Sangma v. Pranab Mukherjee, (2013) 2 SCC 239 Petitioner questioned the Election of Respondent as President of India under Article 71 of the Constitution read with Order XXXIX of the […]

The Last Word

A Diversion for Lawyers and Others

Nature of Judicial Power