Access to Justice

Ethics in the Profession: The Spine of a Litigator

By | August 24th, 2020|Access to Justice, Judicial Ethics, NALSAR Alumni, Professional Ethics, Young Lawyers|

Editor’s Note: Against the backdrop of the Prashant Bhushan contempt case, Talha Abdul Rahman* asserts that lawyers are ambassadors of rule of law and should courageously point out any wrongdoing or arbitrariness in the conduct of those in authority. A career in litigation is fraught with fresh challenges every day. Lawyers are humiliated by judges [...]

Defining the Contours of the Right to Legal Counsel in India

By | July 31st, 2020|Access to Justice, Constitution of India, Criminal Law|

Editor’s Note: In this post, Prateek Joinwal* examines the right to legal counsel in India. After drawing parallels with American jurisprudence, he concludes that this right is a “limited right” in India, and proceeds to examine the ramifications of the same.  Introduction In a country like ours, which celebrates H.L. Packer’s ‘due process’ model of [...]

COVID-19 and Indian Courts: The “New Normal” for the Advocates

By | July 26th, 2020|Access to Justice, Adjudication and Judicial Process, Judicial Administration, Litigation Practice, NALSAR Alumni|

Editor’s Note: In this post, Roshan Santhalia* writes about the negative and positive implications of the Covid-19 pandemic on advocates in India. The unprecedented pandemic has affected almost everyone across the World. It would be difficult to find a particular set of people or an industry which has not been severely affected by the pandemic. [...]

The Indian Legal Fraternity is Failing at the Premise of its Own Existence

By | July 12th, 2020|Access to Justice, Adjudication and Judicial Process, Bar Associations, Constitution of India, Diversity, Judicial Administration, Judicial Ethics, Litigation Practice, Senior Designation, Young Lawyers|

Editor’s Note: In this blog post, Sanchit Khandelwal highlights the nepotism and favouritism prevalent in appointment procedures of the judiciary, selection of senior counsels, and at the bar. Due to such nepotism and favouritism, young lawyers and subordinate judiciary judges from marginalised communities suffer unduly. This necessitates the need for reform. Introduction Recent findings and [...]

The Supreme Court Registry: A Puppet of the Powerful?

By | July 9th, 2020|Access to Justice, Adjudication and Judicial Process, Constitution of India, Diversity, Supreme Court of India|

Editor's Note: In this blog post, against the backdrop of limited hearings being taken up by the Supreme Court owing to the pandemic, Abhinand Lagisetti critiques the manner of prioritisation adopted by the Registry of the Supreme Court. The author analyses the present norms being adopted and critiques the Registry's prioritisation of matters that concern [...]

Vacations for the Judiciary : A Necessity or a Luxury?

By | July 1st, 2020|Access to Justice, Adjudication and Judicial Process, Judicial Administration|

Editor's Note: In this Article, against the backdrop of recent cancellations of vacations by the judiciary during the Covid-19 crisis, Tanvi Apte highlights the pros and cons of vacations for the judiciary in general, initiating discussions on whether there is a need to modify or do away with the judicial vacation calendar as it stands [...]

Technology and the Civil Procedure Code (II of II)

By | February 18th, 2020|Access to Justice, Civil Procedure, Litigation Practice|

This article was originally posted on TechLawForum@NALSAR. The same can be accessed here.  In a two-part article, Ankush Rai elaborates on the interaction between the Civil Procedure Code and technology.  This part deals with e-filing, the theoretical and practical advantages of integrating technology with CPC and the precautions that should be taken in doing so. E-filing [...]

Technology and the Civil Procedure Code (I of II)

By | February 18th, 2020|Access to Justice, Civil Procedure, High Court of Delhi|

This article was originally posted on TechLawForum@NALSAR. The same can be accessed here.  In a two-part article, Ankush Rai elaborates on the interaction between the Civil Procedure Code and technology.  This part gives a short introduction and a skeleton of the piece. It also locates the reason for integrating technology with the Civil Procedure Code and [...]

Third-Party funding in Litigation

By | September 3rd, 2019|Access to Justice, Bar Council of India Rules, Civil Procedure, Commercial Litigation, Litigation Practice|

Editor's note: In this post, Namratha Murugeshan, explains Third-Party Funding (TPF) in litigation. The post looks at the pros and cons of allowing TPF given the current set of regulations we have.    What is Third-Party funding (TPF)? TPF or litigation financing refers to a model where when a party’s litigation costs are covered by [...]

“Wherefore we shall pray ad infinitum” – Where the Translation Fails?

By | July 22nd, 2019|Access to Justice, High Court of Himachal Pradesh, Judgment Writing, Judicial Administration, Philosophising Litigation, Supreme Court of India|

Editor's note - In this post, Kanu Garg, writes about the Supreme Court of India's recent initiative to make its judgments available in 7 regional languages. While recognizing the need for such a move, Kanu writes about why we must not pat ourselves on the back yet. As she points out, verbose and lengthy judgments, [...]

Decentralising the Supreme Court of India

By | July 15th, 2019|Access to Justice, Constitution of India, Judicial Administration, Litigation Practice|

Editor's Note - In this post, Abhijit Murthy analyses the policy proposal to decentralize the Supreme Court of India. He identifies the merit of decentralization to enable a more concentrated constitutional review and increased access to justice that is currently being affected by geographical constraints. He also writes about the proposal's drawbacks by identifying the [...]

The All-India Judicial Services – A Compelling Need (?)

By | June 7th, 2019|Access to Justice, Constitution of India, Judicial Administration, Supreme Court of India|

In this article, Mustafa Rajkotwala makes a case against the proposal to create an All-India Judicial Services (AIJS). While tracking the current debate on the matter, he adds to the criticism that has been leveled against the AIJS. He identifies that not all is bad with all of subordinate judiciary: it is only in some States [...]

Towards Truth as the Only Goal (III of III)

By | April 28th, 2019|Access to Justice, Adjudication and Judicial Process, Article 20, Bar Council of India Rules, Evidence Law, Professional Ethics|

Editor’s Note: In the final part of his series on truth as the normative goal of the judiciary, Justice K. Kannan analyses three systemic hurdles in securing truth – the Fundamental Right against self-incrimination, privileged communications and professional ethics. He ends his three-part series with a noteworthy message to all members of the legal community, [...]

When will the third pillar stand? Analysing the establishment a new High Court for Andhra Pradesh

By | February 28th, 2018|Access to Justice, Bar Associations, Constitution of India, High Court of Andhra Pradesh, Judicial Administration|

In this post, Siddharth Sunil and Rama Ratna Sarma* discuss the socio-legal context in which the establishment of the new High Court in the state of Andhra Pradesh is mired. They provide reasons for deferral of the establishment of the High Court, and sensitize us about the urgency of executing the plan of establishing the [...]