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, Priyamvadha Shivaji, writes about the Supreme Court's reluctance in diversifying its composition and how the delay in the appointment of a queer lawyer to the bench affects the Court's legitimacy regarding claims of upholding representative values and accepting diversity. In its historic verdict in Navtej Singh Johar v. Union of [...]
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 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 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 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 [...]
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 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 [...]
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 [...]
“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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
