Sanction for referring a Complaint (against public servant)for investigation under S.156(3) of the CrPC – Anil Kumar’s Case [(2013)10 SCC 705] is per-incurium

"Be you ever so high, the law is above you. Investigation into every accusation made against each and every person on a reasonable basis, irrespective of the position and status of that person, must be conducted and completed expeditiously”. [Vineet Narain Vs. Union of India AIR 1998 SC 889 ; (1998) 1 SCC 226].A two Judge Bench of Supreme Court in Anil Kumar and Others v. M. K. Aiyappa...

Enacting the Judicial Appointment Commission without consulting the Supreme Court may lead to a Constitutional crisis; Prof. Upendra Baxi

Professor Upendra Baxi, since 1996 Professor of Law in Development, University of Warwick, served as Professor of Law, University of Delhi (1973-1996) and as its Vice Chancellor (1990-1994). He has also served as: Vice Chancellor, University of South Gujarat, Surat (1982-1985), Honorary Director (Research) The Indian Law Institute (1985-1988). He was the President of the Indian Society of International Law (1992-1995).Professor Baxi graduated from Rajkot (Gujarat University). He read law in...

High Courts of the country enter 2015 with 35% vacancies; Allahabad HC functioning with 50% of approved strength of Judges

Vacancies in the High Courts all over India have been a major attribute of the ever mounting backlog of cases. As on 1st January, 2015, there are a total of 345 vacancies in the 24 High Courts across the country, being a clear indicator of the lack of manpower in the sentinels of justice across the country.The following graph shows the approved strength, the working strength and the vacancies...

Rebooting Administration of Justice

‘Tarikh pe tarikh’ – This cynical Bollywood expression about the functioning of courts in the country has possibly captured the reality of the system as closely as can be.I have heard this catchy phrase from many consumers of justice on their retreat from court rooms. Last year, the former Chief Justice of India, Justice RM Lodha proposed a novel concept of ‘365 days working court’...

Reminiscing 2014: 15 judgments by the Apex Court that altered the course

Here is a list of the 15 judgments (in no particular order) that were rendered in 2014 and which set the law in a different direction:1. Manohar Lal Sharma The Principal Secretary & Ors.In a move that embarrassed the parties that have been a part of the Government since 1993, the Supreme Court, in August this year declared the Coal allocation between 1993 and 2009 illegal,...

“Judicial Highlights of 2014 – the year that saw it all”

2014 has been a year of change for India. The country witnessed 3 CJIs as the head of Judiciary, retirements and fresh appointments of judges, new team of law officers, change in the Central & State Governments, and a consequential undeclared war somewhere between these changes. The nation went through a transitional phase and the Constitutional courts played a very important role...

Laws Enacted and Amended in 2014: A Snapshot

1. The Lokpal and Lokayuktas Act, 2013The Lokpal and Lokayuktas Bill received the President’s assent on the 1st January, 2014. It provides for the establishment of a body of Lokpal for the Union and Lokayukta for States to inquire into allegations of corruption against certain public functionaries and for matters connected therewith or incidental thereto.The law was enacted for...

Fadl, first doctor, to be brought to trial in Egypt on charges of female genital mutilation was acquitted: he said “ ask those human rights activists to come to me and I will teach them about human rights’’.

Human rights are going through tough times. Egypt’s first female genital mutilation trial ended in not guilty verdictThe first doctor to be brought to trial in Egypt on charges of female genital mutilation (FGM) has been acquitted, crushing hopes that the landmark verdict would discourage Egyptian doctors from conducting the endemic practice.Raslan Fadl, a doctor and Islamic preacher in...

Common Law Admission Test 2015 will be on 10th May 2015; All you want to know about CLAT 2015

The first Online Common Law Admission Test will be held on 10th May 2015. Dr. Ram Manohar Lohiya National Law University is conducting the examination this year.Here is the complete information relating to CLAT .16 Universities are participating in CLAT 2015.They areNLSIU - BangaloreNALSAR - HyderabadNLIU - BhopalWBNUJS - KolkataNLU - JodhpurHNLU - RaipurGNLU - GandhinagarRMLNLU - LucknowRGNUL...

Judiciary - A Near Feudal Set Up and Superintendence

It took a long time for me to decide on writing this chapter; writing this chapter is likely to tread on some delicate and fragile toes in High Courts and Supreme Court.  What ultimately decided me was what some friends of mine told me “If you do not write on such a subject, nobody else will write on it”.  I have personal experience of one High Court as judge and acting Chief Justice...

Taking stock after two years of Nirbhaya

The Nirbhaya rape case in New Delhi, which caught international attention and shook the conscience of the capital city highlighted major lacunae in India in protecting women. It seemed to be the only topic that anyone referred to as soon as India was mentioned.Unfortunate though it is to mention, this incident was neither the first nor the last. Infact, it has been two years since the case...

Court takes suo moto action on Chhatishgarh sterilization death; Bail granted to the Doctor-accused in the case as his counsel stated doctors cannot be arrested in the cases of medical negligence before a proper probe is conducted

The death of women in sterilization camps has brought to the forefront several issues. It has not stopped at the death of these women but has led further to talk about rights of these women and punitive actions being taken against those responsible. It has opened up debates which have been pending for a long time in India. Chhattisgarh State Legal Services Authority has also been directed by...