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Continue readingThe power of the Parliament to enact law, even to undo judgements, is unquestionable Mathews J Nedumpara 98205 35428 26.01.23. The power of the Parliament to enact law, even to undo judgements, is unquestionable Nothing could be more contrary to the elementary principles of jurisprudence than to assert that the legislature cannot enact a law to ineffect a judgement. It is so unfortunate that the SC has been asserting so time and time again. It did so in the Mullaperiyar case declaring the law enacted by the Kerala legislature to undo the judgement of a 3-judge bench holding that the dam will supposedly remain safe...
Continue readingOpen Letter: A Call for Abolishing the Senior Designation in the Legal Profession Mathews J Nedumpara 98205 35428 11.01.2023. Open letter Dear Ms. Indira Jaising, Sub: Abolition of senior designation- reg. When it comes to transparency and reforms in judiciary, there are certain areas where we are in agreement, though there are serious differences in many other areas. On the topic of abolition of senior designation I was under impression that we agreed and on the question of abolition of the collegium we are poles apart. While you support the system of entitlement, patronage, nepotism, dynasty, of which the collegium has become a synonym, I believe that...
Continue readingCollegium, a fraud on the Constitution. Mathews J Nedumpara President, NLC 98205 35428 24.11.2022. Collegium, a fraud on the Constitution. The judges of the SCI are appointed by the collegium of judges. The Collegium is unknown to our Constitution. The judges created it in 1993 by rewriting the Constitution. They had no authority to do so at all. It was a fraud played by a few powerful lawyers in Delhi on the Constitution. They did so to subserve their narrow, vested interests. Because an all powerful Supreme Court is extremely profitable for them. They could do so easily, taking advantage of the ignorance of the...
Continue readingLoot the Adanis and Ambanis if you have to, but spare the taxpayers- A request to Mr. Fali Nariman Mathews J Nedumpara 98205 35428 13.11.2022 I am once again surprised to come across an order of the Government of Kerala, law department dated 3.11.2022 in the social media titled 'payment of professional fees to Shri Fali S Nariman, Senior Advocate, Supreme Court, for providing 'written legal opinion in Re Kerala Legislative Assembly Bills'. On verifying I had no reason to doubt the genuineness of the order which has become viral on social media. The Government order states that the Government has sanctioned a total...
Continue readingWho becomes the Chief Justice of India? Mathews J Nedumpara 15.10.2022. Till the recent past, this had been the concern only of lawyers, and that too of the elite among them. The same is the case with almost all democracies, Pakistan would be the sole exception. Appointments to the judiciary, including to that of the highest court of the land, in all democracies, except for India and Pakistan, does not include any kind of sensation. Judges, by the very nature of their job require to live a relatively secluded life. Judges used to wear wigs symbolising that their identity is of little consequence....
Continue readingJudgements of the Supreme Court are no law of the land but only precedents, binding only if it is not per incurium/ Repeal Article 141 to bring an end to the tyranny and abuse of precedents. Mathews J Nedumpara 98205 35428 09.01.2022 Law is a simple subject. It ought to be simple because it is all about regulating the conduct of our society, institutions and government. It does not require a great intelligence to understand that it cannot be as complex as rocket science. However, if you enter a lawyers chamber you will find large volumes of law reports, text books and commentaries. Judgments...
Continue readingSupreme Court of India or the Court of Henry ll? Mathews J Nedumpara 98205 35428 12.5.2021 Supreme Court of India or the Court of Henry ll? Many of us may not know our connection with the Roman law. Julius Caesar invaded Britain in 55 BC and England was under the Roman rule from AD 43 to AD 410. The Romans made many highways, some of which are in existence even today. I make a mention of highways because it has a connection with our criminal jurisprudence. In the early medieval days, all crimes were not considered as an offence against the king and his peace....
Continue readingRes judicata qua stare decisis- Is our constitutional law built on sand? Mathews J. Nedumpara 7.8.20 Thanks a lot for taking the trouble to read the 26 page review petition. I would recommend to all lawyers and even non lawyers with an academic interest in matters concerning law to carefully go through the same. Even the greatest of judges and lawyers failed to notice that what is binding so far as the concept of res judicata is concerned is the decision. For instance, where a majority in a bench of five judges (4:1) hold a goat as a dog from the point of...
Continue readingAre not the civil courts the real ‘constitutional courts’? - Mathews J Nedumpara 1st July 2020 98205 35428 In the last two decades or so, we have often heard the elite lawyers in Delhi referring to the Supreme Court as constitutional courts which gives the impression to the common man that the Supreme court and High courts are the only courts empowered to interpret the constitution. The question is, in doing so, are they not committing a fraud on the constitution. I have, in my article titled, ‘Ten myths of constitutional law’, dealt with at some length of the falsehoods which have become gospel...
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