You can't improve access to justice if the courts are inefficient: Daksh Co-Founder Harish Narasappa

DAKSH, the Bengaluru-based NGO, is a civil society organisation that undertakes research and activities to promote accountability and better governance in India, founded by citizens from varied backgrounds. It has been working to create inclusive, transparent, self-correcting mechanisms that encourage accountability in all branches of the government.Its two main activities are measuring political and judicial performance. It has designed, developed, and deployed a variety of measures to assess...

SC scraps land acquisition for Tata’s car plant in WB; slams procedure adopted [Read Judgment]

The Supreme Court today quashed the acquisition of 1000 acres of land in Singur by West Bengal’s Left Front government in 2006 for Tata’s Nano project concluding that it was “illegal” and proceeded ahead in “violation of law”.Civil rights organizations, several of them backed by present chief minister Mamata Banerjee, had moved the apex court challenging the acquisition. The...

Challenge against Maharashtra LAW CET: SC issues notice to State and BCI

A Division bench comprising Justices Madan B Lokur and RK Agrawal Today has issued notices to the Maharashtra Government and the Bar Council of India in a Special Leave Petition filed against the Bombay High Court judgment dismissing the writ petitions challenging the introduction of CET for undergraduate courses in law.It is argued that the counseling is yet to be held because approximately...

President Mukherjee expresses gratitude to SC for providing the powerful instrument of PIL in the hands of Common people

President Pranab Mukherjee has stated that the Supreme Court of India has through public interest litigation provided a powerful instrument in the hands of the common people which strengthened our democracy. “I express my deep gratitude to the Supreme Court of India”, he added. The President was speaking at the 24th Annual Convocation of National Law School of India University...

Supreme Court Weekly Round-Up

All Tribunals are not necessary parties to the proceedings where legality of its orders challengedThe Supreme Court in M. S. KAZI VS. MUSLIM EDUCATION SOCIETY held that all Tribunals are not necessary parties in a Special Civil Applications under Articles 226 and 227 of the Constitution, when they are not required to defend its orders when they are challenged before the High Court. Handing...

Handicapping advocates from appearing without a local counsel; diluting the right to practise!

In a landmark judgment, the Supreme Court in Jamshed Ansari vs. High court of judicature at Allahabad & ors (CA No. 6120/16) speaking through Sikri & Ramanna JJ has held that right of Advocates to appear and conduct cases in the court is subject to control & supervision of conduct by the High Court and a bar on practise by advocates other than a set of practitioners on the Roll...

SC upholds Allahabad HC Rule which mandates that a lawyer outside state cannot appear in Court without a Local lawyer's appointment

The Bench held that Rules 3 and 3A of the Allahabad High Court Rules, 1952 are perfectly valid, legal and do not violate the right of the appellant under Article 19(1) (g) of the Constitution of India.The Supreme Court in JAMSHED ANSARI VS. HIGH COURT OF JUDICATURE AT ALLAHABAD & ORS has held that right of Advocates to appear and conduct cases in the court is a matter on which the court...

Religious Liberties’ tryst with the Essential Religious Practices continues with the Haji Ali Judgment

Recent introductory layoutPast two years have witnessed significant judicial developments in disputes surrounding religious liberties.In July 2014, the Supreme Court in Vishwa Lochan Madan v Union of India held that Fatawas and Shariat Courts had no legal sanction and any attempt to force their implementation attracts penal action. In February 2015, in Khursheed Ahmed Khan v State of UP it...

Bombay HC lifts ban on Women’s entry to inner sanctum of Haji Ali Durgah [Read Judgment]

The Bench held that the Ban is vioaltive of Article 14, 15 and 21 of the Constitution of IndiaIn a significant Judgment Today, Bombay High Court has held that women can enter the inner sanctum of Mumbai’s famous Haji Ali Durgah.A Division Bench comprising Justices VM Kanade and Revati Mohite Dere has allowed the Petitions against the ban, holding that the ban on the entry of women is...

Prashant Bhushan writes to Lodha Committee for systematic changes in the structure and functioning of Medical Council

Activist Lawyer Prashant Bhushan has submitted a representation before the Supreme Court appointed Oversight Committee headed by former Chief Justice of India Justice RM Lodha seeking systematic changes in the structure and functioning of the MCI.Bhushan mentions in the representation that he is going to file a Writ in the Supreme Court of India for constitution of an expert committee...

Bypassing Elected Legislatures - Ordinance Raj in India

There’s a touch of irony in speaking about India’s Ordinance Raj on the 14th of August, one day before my country celebrates its 69th Independence Day. Precisely 69 years ago our first Prime Minister, Jawaharlal Nehru, made a rousing speech about India’s tryst with destiny, which he promised would be redeemed at the stroke of the midnight hour that night. Two and a half years later, when...

All Tribunals are not necessary parties to the proceedings where legality of its orders challenged: SC [Read Judgment]

The tribunal not being required in law to defend its own order, the proceedings under Articles 226 and 227 of the Constitution were maintainable without the tribunal being impleaded, the Bench observed.The Supreme Court in M. S. KAZI VS. MUSLIM EDUCATION SOCIETY has held that all Tribunals are not necessary parties in a Special Civil Applications under Articles 226 and 227 of the...