Articles
Off The Cuff Remarks Damaging To The System
In the past few weeks there have been casual and uninformed remarks. The views and counter views about the system of appointment of judges and the working of the courts display emotion and lack of knowledge. It is inappropriate for persons in high offices to speak casually and out of context. The system of appointment of judges to the higher judiciary is a serious issue that calls for introspection and debate. But in the name of debate and discussion all sorts of comments are made. The...
Deformity Relating To Age Of Child Under POCSO Act
Protection of Children from Sexual Offences Act, 2012 (hereinafter “the Act”) was enacted to protect children from sexual abuse and to provide a safe environment. The Act prescribed more severe punishment for sexual assaults committed against children than that was prescribed in Indian Penal Code, 1860, and it also provided child-friendly procedures regarding the proceedings of the case relating to sexual abuse of children. The Act is considered to be a successful legislation, but it...
Will Of The People; India A Constitutional Democracy Not A Majoritarian Democracy
Much has been said in recent times about the striking down by the Supreme Court of the constitutional amendment introducing the National Judicial Appointments Commission (NJAC). As is well known, the Supreme Court struck down the constitutional amendment on the ground that it impinged on the independence of the judiciary, which is a basic feature of our Constitution. The judgement has been denounced by some as being against the “mandate of the people”- the underlying assumption being that...
Evolution Of The Live-In Relationship In India Vis-A-Vis Personal Law
Tradition, convention, custom- these words have a tight grip over human society. Most of us prefer the comfort of history over the uncertainty of the future. For this reason, we often resist or even fear the idea of change. This opposition to change is especially prominent in Indian society, which values its attachment to generational customs. One of the most prominent of these traditions is that of the family. And in India, traditionally, for a family to be created, there must be one key...
Sharad Yadav’s Legal Legacy
The former Janata Dal (U) chief, Sharad Yadav, who passed away on Thursday, will be remembered for crucial legal battles he fought towards the end of his long political career - one challenging his disqualification from the Rajya Sabha, and the other challenging the Government’s order to vacate his official accommodation in New Delhi, allotted to him while he was a Member of Parliament. Of these, Yadav had raised interesting legal questions with regard to his disqualification, which...
Concept Of Plea Bargaining
The Supreme court recently issued guidelines on disposing of cases through Plea Bargaining in an attempt to explore options for popularizing the very concept. However, it has once again started the eternal debate among legal scholars surrounding its fairness and constitutionality. To begin with, Plea Bargaining can be defined as the system of negotiating an agreement between the prosecution and defence wherein the defendant pleads guilty to a lesser offence or one or more offences...
5th Anniversary of Supreme Court Judges’ Press Conference: What Has Changed and What Has Not?
The fifth anniversary of the ‘historical’ press conference by four Supreme Court Judges - held on January 12, 2018 in New Delhi- was yesterday. Those who have been witnesses to it within and outside the Court have moved on with their responsibilities considering it perhaps as a one-off event,which had tarnished the image of the Supreme Court for a brief period.The 2018 press conference invited unusual attention because it was unprecedented that four senior-most puisne Supreme...
Law & Custodial Death
"One of the worst crimes in a civilized society under the Rule of Law is perhaps the death in custody. The Constitution's inherent rights, outlined in Articles 21 and 22(1), must be diligently and fiercely preserved. The right to live with dignity has been interpreted to include "life or personal liberty." As a result, it would also include a prohibition on torture and other forms of physical abuse by the State or its representatives. Except following the procedure established by law by...
Lack Of Substance Marks The Ongoing Tussle Between The Executive And The Judiciary
The ongoing turf battle between the Union Government and the Supreme Court’s Collegium is getting curiouser and curiouser. What initially appeared to be a contest for primacy over judicial appointments is now turning out to be an open display of discord between the Constitutional functionaries. While there should be no frequent public exhibition of bonhomie between the members of the Government and the Judiciary to ensure the independence of the latter, an exchange of barbs, as...
As The Bengaluru Police Seeks Disclosure Of A Journalist’s Source, The Legal Position In India Leans In Favour Of Its Protection
ON January 5, the Bengaluru Police issued a notice to founder and editor of news portal, The File, G.Mahantesh, in connection with a case pertaining to an e-office file noting of the Karnataka Education Department which the portal published. The portal had done a story on the basis of the leak of the file noting in November 2022. The Bengaluru Cybercrime Police, acting on a First Information Report, registered on the complaint of a senior department official on November 10 last year,...
‘Some’ Defendants Ex Parte: A Procedural Saga Of Order IX Rule 11
As a rule of procedure, if the defendant does not appear on the day fixed for hearing, the court can order to proceed ex parte. In other words, the trial will continue on merits at the option of the plaintiff even though there is no defendant to put his defence. This is the scenario when in a suit there is only one defendant. Supposedly, there are more defendants than one and out of them some defendants make an appearance while others do not. In such a scenario, the rule of procedure...