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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
