Constitution of India

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 [...]

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 [...]

Not ‘Distinguished’ enough? The Tale of Article 124(3)(c) of the Constitution

By | May 29th, 2020|Adjudication and Judicial Process, Constitution of India, Judicial Administration, Supreme Court of India|

Editor's Note: In this Article, Swapnil Tripathi discusses the appointment of "distinguished jurists" as Judges of the Supreme Court of India under Art 124 of the Constitution. Next month, Professor Andrew Burrows (University of Oxford) shall be sworn in as a Justice/Judge of the United Kingdom Supreme Court. Prof. Burrows is following the footsteps of [...]

Call me by my name: Lords & Justices

By | May 6th, 2020|Constitution of India, Judicial Administration, Judicial Ethics, Professional Ethics|

Editor's Note: In this essay, Shreenath A. Khemka* critically assesses the honorary title of ‘Justice’ used as a prefix by judges of various High Courts and the Supreme Court of India. He argues that the usage of the title ‘Justice’ is unsustainable under Article 18 (1) of the Constitution. When it comes to the practice [...]

Fifth Judges’ Case: Parliamentary Prerogative Over Removal Proceedings

By | August 17th, 2019|Constitution of India, Judicial Administration, Judicial Ethics, NALSAR Alumni, Professional Ethics, Supreme Court of India|

Editor's note - In this piece Shreenath Khemka writes about the imminence of a fifth Judges' case. With the CJI recommending the initiation of removal proceedings against Justice S.N. Shukla, the Judiciary's control over its composition can be seen to be extending to the removal of its officers too. While the four Judges' case gave [...]

Black Swans Galore: Disciplining Mechanisms in the Judiciary

By | August 9th, 2019|Constitution of India, Judicial Administration, Judicial Ethics, Professional Ethics, Supreme Court of India|

Editor's Note: In this post, Shreenath Khemka points out the shortcomings of the currently available disciplining mechanisms to regulate the judiciary. As proposals, he suggests using contempt proceedings, the use of the General Clauses Act for penalties and the writ of 'Scire Facias' instead of the arduous removal proceedings under 124(4) of the Constitution.   The [...]

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 [...]

When legislators get to ‘party’ at the Bar

By | April 6th, 2019|Adjudication and Judicial Process, Bar Council of India Rules, Constitution of India, Legislators, Professional Ethics, Supreme Court of India|

“Legal profession requires full-time attention and would not countenance an advocate riding two horses or more at a time". Justice Majumdar in Haniraj L. Chulani v. Bar Council In September 2018, a three-judge bench of the Supreme Court (SC) refused to prevent legislators from practising law during the incumbency of their office. Relying on the lack [...]

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 [...]

When Protectors Start Destroying: The Case of Denial of Representation by Lawyers

By | January 25th, 2018|Article 20, Bar Associations, Bar Council of India Rules, Constitution of India, Human Rights|

Editor's Note: In this article, the author discusses the importance of the right of legal representation and the perils of denying an accused the same. He contextualizes his thesis with pertinent examples and case laws. Then he finally suggests an attitudinal change among the members of the legal fraternity to safeguard the constitutional right of [...]