Judgment

‘Judgment’ means a judicial opinion which tells the story of the case; what the case is about; how the Court is resolving the case and why. ‘Judgment’ should be coherent, systematic and logically organized. It should enable the reader to trace the fact to a logical conclusion on the basis of legal principles. Many times […]

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Blood of Human Origin II

Majority of a Constitution Bench in Raghav Prapanna Tripathi v. State Of Uttar Pradesh, AIR 1963 SC 74 held, it would be far-­fetched to conclude from mere presence of blood­-stained earth that that earth was stained with human blood and that human blood was of victims. Also see, Two-Judge Benches in Kansa Behera v. State […]

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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 […]

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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 […]

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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 […]

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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 […]

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Permissible School Fees

Constitution Bench in T.M.A. Pai Foundation, (2002) 8 SCC 481 has expounded, private unaided school management must have absolute autonomy to determine school fees. The consistent view has been restated and enunciated by Constitution Bench in Modern Dental College and Research Centre, (2016) 7 SCC 353 in Paragraph 75. Though fee can be fixed by […]

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Examination of Disasters

25.03.2020 – The Disaster Management Act, 2005 was invoked in India, for the first time, to tackle the COVID-19 pandemic that was then in its initial stages of spreading. LOCKDOWNS varied in scope and nature, depending on the situation on the ground. Disasters are testing times for institutions and individuals, processes and procedures, and policies […]

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Principles of Natural Justice VII / The Revival of Ray LVIII

The core issue: not to say, consultation should be open ended/indefinite or release all information; disclosure of certain information may violate right to privacy of individuals/cause breach of national security/impinge on confidentiality; information may be abridged or even denied for larger public interest; there should be good grounds and justification to withhold information; boundaries of […]

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The Revival of Ray XLII

Ramjit Singh Kardam v. Sanjeev Kumar, [Civil Appeal No. 2103 of 2020] referred to Ratnagiri Gas and Power Pvt. Ltd., (2013) 1 SCC 524 to understand that, the law casts a heavy burden on the person alleging mala fides. Ratnagiri Gas and Power Pvt. Ltd. had referred to Ajit Kumar Nag, (2005) 7 SCC 764 […]

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My Precious Bitcoin

  My Lord, Satoshi Nakamoto? “He still remains anonymous.” Reserve Bank of India, on 06.04.2018, in exercise of the powers conferred by Section 35A read with Section 36(1)(a) and Section 56 of The Banking Regulation Act, 1949 and Section 45JA and 45L of The Reserve Bank of India Act, 1934 and Section 10(2) read with […]

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123 Netaji 123

Supreme Court of India understands, Mahatma Gandhi > Bharat Ratna. Once upon a time, specifically on 23.01.1992, a press communique was issued from Rashtrapati Bhawan, New Delhi to the following effect: “The President is pleased to confer the award of Bharat Ratna posthumously on Shri Subhash Chandra Bose.” It was contended before SC that, when […]

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The Myth of Peaceful Protest

538 is the number of former students of National Law School of India University, Bangalore [NLSIU] who ‘demanded’ repeal of The Citizenship (Amendment) Act, 2019 [CAA]. They extended unconditional support to all those who choose to exercise their fundamental right to speech and assembly to ‘express dissent peacefully’. 402 is the number of former students […]

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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 Nature of Judicial Power: Hon’ble Justice Antonin G. Scalia

My Lord, Courts should interpret the Constitution as it would have been understood by ordinary, reasonable citizens alive at the time the Constitution was enacted or Courts should interpret the Constitution as a living organism, one meant to evolve to suit the changing needs and values of contemporary society? A standing-room-only crowd of law students and […]

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