26 February

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Have Articles 226 and 32 led to denial of Justice. Will repeal of it lead to injustice?

Have Articles 226 and 32 led to denial of Justice. Will repeal of it lead to injustice? Ambedkar described Article 32 as the very heart and soul of the Constitution. Our founding fathers, many of whom were victims of illegal arrest and confinement, being part of the freedom struggle, incorporated in our constitution, Part III, fundamental rights. By virtue of Article 32 of the Constitution a citizen can approach the Supreme court for the enforcement of his/her fundamental rights and that very right to access the Supreme Court itself was declared to be a fundamental right. It is almost 70 years...

26 February

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Usurpation of executive and legislative powers by the Indian higher judiciary

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by Mathews J. Nedumpara The front page of the Times of India dated 1st April 2017, which I have in my hands now, has almost 80% covered by Court news with the caption “Highway liquor vends, bars must close from today: Supreme Court”, being the most prominent heading. On its right “Won’t apologize if work not restored: Justice Karnan to Supreme Court”, followed by another three Court-related news items, including the caption “No early Supreme Court hearing in Ayodhya case”. What is said about 1st of April, 2017 could be true about all Tuesdays and Saturdays, for, on Mondays and Fridays,...

26 February

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Basic structure theory – a proposition contrary to the first principles of jurisprudence

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BASIC STRUCTURE THEORY - A PROPOSITION CONTRARY TO THE FIRST PRINCIPLES OF JURISPRUDENCE.Mathews J Nedumpara9820535428 Kesavananda Bharati's case is hailed to be the most important judgment ever rendered by the Supreme Court of India. The case was heard by the full court consisting of 13 judges. The case was argued for 6 months and the judgment consists of half a million words. Even the common people have heard of the judgment. In the said case, the Supreme Court laid down a doctrine called 'basic structure' and said that while the Parliament could amend every article of the constitution including those concerning...

26 February

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Our Interpretation of Constitutional Law has Become a Classic Example of Human Stupidity

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Mathews J Nedumpara Two things are infinite, said Einstein: the universe and human stupidity. Our interpretation of constitutional law has become a classic example of human stupidity. Let me explain. Suppose, in a case between A and B the majority of a Bench of 5 judges of the Supreme Court, say, by a majority of 4:1, hold that a goat is a dog that will be absolutely binding on A and B who are parties as ‘res judicata’, though it is a manifestly erroneous. Otherwise there will not be an end to litigation, finality. However, that decision will not bind C and...

26 February

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Progeny Judges’ Syndrome Chart- Chief Justices of HCs

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Progeny Syndrome Chart- Chief Justices of HCs ...

26 February

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Open Letter to Justice Kurien Joseph

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3rd December 2018 To Hon'ble Mr. Justice Kurian Joseph,Former Judge, Supreme Court of India,New Delhi. MAY IT PLEASE YOUR LORDSHIP: Today’s Times of India, on its front page, carried an article by Mr. Dhananjay Mohapatra, one of the illustrious legal reporters of the country, under the caption “We felt the then CJI was remote-controlled: Joseph”. Within the said main heading, there was a sub-heading titled “Ex Supreme Court Judge says minority tag hinders careers”. Under the said caption Your Lordship is reported to have said “the minority tag is a hindrance to career progression of members of...

26 February

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Video-Recording Of Proceedings Of Courts And Tribunals – A Panacea For The Ills Which Indian Judiciary Faces Today

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VIDEO-RECORDING OF PROCEEDINGS OF COURTS AND TRIBUNALS – A PANACEA FOR THE ILLS WHICH INDIAN JUDICIARY FACES TODAY.Mathews J Nedumpara What prompts me to pen these few lines is a query from one of the few law students who started interning with me recently. The query was, what is the inspiration for me to initiate the campaign titled National Lawyers’ Campaign for Judicial Transparency and Reforms and the video-recording of proceedings of all Courts and Tribunals in the country as its prime objective. I had no difficulty to answer the query because of the injustice which I personally had to undergo, for,...

26 February

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“Criticizing Bar Council amounts to misconduct”?

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Every man has a right to his reputation and nobody has a right to violate it. This is undeniable and has been recognized from the early days of Roman law, all legal systems. Advocates, and for that matter even the judges have no right to violate the right of reputation. When the common people violate it, they will have to face the consequence of criminal and civil proceedings for defamation and even contempt. Lawyers certainly are not above law. But at the same time, any attempt to silence criticism and dissent in the name of protecting judges or any authority,...

26 February

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Referring Questions of Law to Larger Benches is in Ignorance of the Doctrine of Stare Decisis

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Referring Questions of Law to Larger Benches is in Ignorance of the Doctrine of Stare Decisis By Mathews J. Nedumpara It is said that even Homer nods at times, meaning that sometimes even very eminent and scholarly men err, for, to err is human. Lord Halsbury, known for his monumental work titled “Halsbury’s Laws of England”, in London Street Tramways Co. v. London County Council [1898] AC 375 (HL), had held that House of Lords is bound by its own decisions. That was a great deviation from the view hitherto then in force that no precedent is absolutely binding, but is only...

26 February

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NLC’s agendas are certain to become a reality

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10.5.2021 NLC's agendas are certain to become a reality because: a) unlike before, a large section of the legal fraternity, informed public, and in particular the press, is aware that the Collegium system of appointment and designation of lawyers as senior advocates have completely destroyed any semblance of inclusiveness in the higher judiciary as well as the in designated bar. People now readily accept that there is a real apartheid in the justice delivery system, b) the concept of virtual court, which includes making available the records of the court proceedings to the litigants cannot be denied forever. The mounting public opinion willl...

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