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 the 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 […]

The Persistent Illusion of Judge-Strength

It is not always affordable to approach a Court of Law. Even if approached, it may be years before a final decision. Imtiyaz Ahmad v. State of Uttar Pradesh, (2012) 2 SCC 688 had a simple answer: “Pendency is merely a localized problem, in the sense that it affects some High Courts far more than […]

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 […]

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 […]

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 […]

The Nature of Judicial Power: An Ungodly Jumble

Hon’ble Chief Justice of India is as important as Hon’ble Prime Minister. 2010-2020 has witnessed 11 CJIs and 2 PMs. One wonders why 65 is the retirement age for a Supreme Court Judge. He cannot be presumed to be dysfunctional post-65, if at 69 one can be an effective PM. 2000-2010 had witnessed 9 CJIs; […]

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 […]

Section 24(8) of The Code of Criminal Procedure, 1973

“The use of the term ‘assist’ in the proviso to Section 24(8) of The Code of Criminal Procedure, 1973 is crucial, and implies that the Victim’s Counsel is only intended to have a secondary role qua the Public Prosecutor. In our considered opinion, a mandate that allows the Victim’s Counsel to make oral arguments and […]

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 […]

An Alleged Judicial Crisis on Swami Vivekananda’s 155

Two months ago, Judges 2-3-4-5 of the Indian 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 [The Chief Justice of India], to hear […]

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

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

Primacy of Views II: Justice Mohapatra, (2002) 8 SCC 1

The SC in Justice Mohapatra, (2002) 8 SCC 1 had “accorded primacy to the opinion of the Hon’ble Chief Justice in the consultative process for appointment of Lokayukta”. We have been reminded so in Sachchidanand Gupta v. State of Uttar Pradesh, [Writ Petition (Civil) No. 872 of 2015], decided on 28.01.2016. Lokur Saab in Justice […]

NJAC Judgment V: Kurian Joseph J

Hon’ble Justice Kurian Joseph has been in the news: first, because of his tiff with CJI Dattu and second, for his contribution in the Yakub Memon Case. Gold fish have no hiding place. And therefore, the ‘briefest’ Judgment? “Historical, Textual, Structural, Prudential, Doctrinal, Episodic, Ethical” arguments aside, “there cannot be any legal sense of an issue, […]

Chutzpah

In Hemlata Singh v. Collector [MANU/UC/0315/2008], Hon’ble Justice Sudhanshu Dhulia [High Court of Uttarakhand] notes, “Chutzpah is a remarkable expression in Hebrew. Chutzpah is said to happen when a man kills his mother and father and then asks for clemency on the ground that he is now an orphan.” Hon’ble Justice S. Dhulia is the […]

Primacy of Views I: The Karnataka Lokayukta Act

In Mr. Justice Chandrashekaraiah (Retd.) v. Janekere C. Krishna, (2013) 3 SCC 117 it was held that the views expressed by the Chief Justice of the High Court of Karnataka have no ‘primacy’ in the process of appointment of the Lokayukta or Upa Lokayukta by the Governor of Karnataka. The High Court had taken the […]

The Last Word

A Diversion for Lawyers and Others

Primacy of Views