Articles, Essays & Opinions

Fifth Judges’ Case: Parliamentary Prerogative Over Removal Proceedings

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

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 [...]

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

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

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 (?)

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 [...]

Post-Retirement Appointment of Judges in India

Editor’s Note: In this article, Namratha Murugeshan critically assesses the executive government’s power to appoint retired judges to tribunals and commissions (post-retirement appointments). She first underscores the impact that these post-retirement offers have on judicial independence and second, appraises the suitability of judges as members of tribunals. Recently Supreme Court Justice A.K. Sikri was caught [...]

Towards Truth as the Only Goal (III of III)

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, [...]

Litigating away to an Island of Independence – an Illusion? (I of II)

In a two-part series, Abhijeet Singh Rawaley* writes about and tests the validity of the tag of independence that is often ascribed to a career in litigation. In this first part, he looks at the intra-profession influences on any practitioner. The second piece in this series will cover the extraneous influences that  litigators face in [...]

Towards Truth as the Only Goal (II of III)

In the second part of his three-part series on truth as the normative goal of judicial process, Justice K. Kannan looks at two tools used in a trial to arrive at the truth – the casting of the burden of proof and cross-examination. He comments on the efficacy of raising certain presumptions in the trial [...]

When legislators get to ‘party’ at the Bar

“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 [...]

Towards Truth as the Only Goal (I of III)

This is the first part of Justice K. Kannan's three-part series 'Towards Truth as the Only Goal'. In a set of three articles, he shall analyse the function of the judicial process of arriving at the normative goal of truth. In this first article, he argues that while essentially all litigations are always exercises to [...]

Expectations of the Bench from Young Advocates

In this interesting article, Justice Ruma Pal, a former judge of the Supreme Court of India, offers an insider's perspective on tricks of courtroom lawyering. She takes the readers through the necessary ingredients which make up a ‘legally successful lawyer’ as distinguishable from a ‘successful lawyer’. The didactic article is addressed to young lawyers in a [...]

A semblance of objectivity, but a long way to go!

On August 6, 2018, the Supreme Court's guidelines for the designation of Senior Advocates were released without much ado about anything. A shocking predicament for a set of guidelines meant to revolutionise the process of designation is revealed by Sughosh Joshi, who takes a closer look at them to determine how far do they take [...]

By | September 3rd, 2018|Senior Designation, Supreme Court of India|0 Comments

Both Hands Tied at the Back

Editor's Note: In this article, the author discusses the recent decision of the Supreme Court over the question of unrestrained power of the Chief Justice of India in terms of roster allocation. The author suggests extending the reading of 'consultation' and CJI in Article 124(2) done by the Judges Cases to Article 145, so as [...]

By | August 11th, 2018|Supreme Court of India|0 Comments

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

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 [...]

Play as part of the Team

Editor's Note: Continuing from his previous analysis on the power of the CJI to act as the master of the roster, Shreenath Khemka comes to the crease, making a critical cross-jurisdictional analysis of the process of allocation of cases in the highest Constitutional courts. Finally, a solution is offered to ensure that a balance between [...]

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

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 [...]

Litigation and Arbitral Practice | Anirudh Krishnan

Mr. Anirudh Krishnan, Founder Partner of AK Law Chambers, who graduated from NALSAR and Oxford, has a rich experience in commercial and public law litigation, arbitration and corporate advisory work of the firm. He was appointed as a consultant to the Law Commission of India for the Report of Arbitration (2013-14), receiving special appreciation, besides [...]

First among ‘Un’equals?

Editor’s Note: In this article, the author critically reviews the lack of checks to prevent arbitrary exercise of CJI’s power to act as the master of the roster. He draws attention to the sui generis character of judicial administration, and why it is an important ingredient for independence of the judiciary from both external and [...]

Two Conventions and the Indian Supreme Court

Editor’s Note: The article comments on the press conference delivered by the four senior-most puisne judges of the Supreme Court of India on the 12th January, 2018. It focuses on two conventional practices ordinarily governing judicial administration. The first being that of judiciary refraining from making public engagement through the media and the press, while [...]

By | January 15th, 2018|Judicial Ethics, Supreme Court of India|0 Comments