Editor’s Note: The following is Part II of a two-part post on the judiciary and inclusion of differently-abled persons as judges. In Part I, authors Eeshan Sonak and Yash Dodhani criticised the Supreme Court decision in V. Surendra Mohan v. State of Tamil Nadu, which held that a visual impairment or hearing disability above 50% [...]
Editor’s Note: The following is Part I of a two-part post on the judiciary and inclusion of differently-abled persons as judges. In this part, authors Eeshan Sonak and Yash Dodani point out the problems with Supreme Court’s judgment in V. Surendra Mohan v. State of Tamil Nadu, which held that a visual impairment or hearing [...]
Editor's Note: In this post, the authors analyze the discordant views put forward by the Supreme Court concerning the admissibility of electronic evidence. The authors argue that the position finally adopted is neither tenable nor consistent and there is a need to reconsider the same. The digital revolution and the development in the information technology [...]
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 [...]
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 [...]
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. [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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, [...]
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 [...]
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 [...]
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, [...]
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 [...]
