02 November

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BASIC STRUCTURE THEORY – A PROPOSITION CONTRARY TO THE FIRST PRINCIPLES OF JURISPRUDENCE.

BASIC STRUCTURE THEORY - A PROPOSITION CONTRARY TO THE FIRST PRINCIPLES OF JURISPRUDENCE. Mathews J Nedumpara 9820535428 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...

01 November

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TEN MYTHS OF INDIAN CONSTITUTIONAL LAW

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TEN MYTHS OF INDIAN CONSTITUTIONAL LAW -Mathews J. Nedumpara Introduction In the NLC’s (National Lawyer’s Campaign for Judicial Transparency and Reforms) agenda, open selection of judges of High Courts and the Supreme Court by notification of vacancies and invitation and application of all eligibles, so too, references from all stake holders, finds the very first place. The reason is, simple, obvious; because the higher judiciary in India, today, is perceived to be a dynasty, not very different from that of the political parties, a phenomenon which is antithetical to the very concept of a constitutional democracy which guarantees not merely equality before law...

01 November

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~QUESTIONS OF LAW~

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~QUESTIONS OF LAW~ (Mathews J Nedumpara) (A) If a surgeon of a Government hospital, who conducts a cesarean operation, negligently leaves a scissor inside the belly of the patient leading to fatal consequences is liable under civil and criminal laws; so too the State, his employer, will not similar principle apply in a case, as the instant one, where the 1st Respondent, Presiding Officer, DRT-II, Mumbai, who fails to discharge his statutory function in the manner expected of him, which requires him to conduct a summary trial while adjudicating an application under Section 17 of the SARFAESI Act, which would mean the...

01 November

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No one is more hated than he who speaks the truth”- Plato A look at our legal system

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No one is more hated than he who speaks the truth- Plato A look at our legal system -Mathews J. Nedumpara 98205 35428 1. We have inherited from the British, a wonderful legal system. In doing so, the British was not doing us any charity. They needed a sound legal system for the governance of their own affairs, the common law. The common law is largely founded on Roman law, and Roman law reflects nothing but the thoughts of great philosophers such as Socrates, Plato, Aristotle, Cicero, Ulpian, et al. The doctrine of estoppel and res judicata is one of the cardinal principles on...

01 November

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Nothing is more laughable and contrary to the elementary principles of jurisprudence than the so-called basic structure theory, based on which the Supreme Court has rendered hundreds of judgements and even quashed the NJAC.

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Nothing is more laughable and contrary to the elementary principles of jurisprudence than the so-called basic structure theory, based on which the Supreme Court has rendered hundreds of judgments and even quashed the NJAC. Mathews J. Nedumpara 98205 35428 It is known even to a law student that only a person aggrieved, namely, one whose rights are infringed, alone can go to a Court, and where the fundamental rights are infringed, one could go straight to the Supreme Court under Article 32. Without pleading infringement of a right, no one can go to a court. This is a universal principle. But the celebrated...

25 October

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No PIL can be filed as a private case but only as a representative proceedings

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No PIL can be filed as a private case but only as a representative proceedings Mathews J Nedumpara 25.10.2024 1. With the Supreme Court and High Courts entertaining PILs and sometimes instituting suo motu PILs and coming to the rescue of the common man against every form of injustice and corruption, the new jurisprudence evolved by the Supreme Court in the early 1980s became extremely popular. The scenario today is that Chief Ministers, nay, even the Prime Minister could be at the mercy of the PIL petitioners/the Court in the face of allegations of corruption which even CMs are not immune from. Still worse,...

23 October

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No recovery against MSMEs without attempt at revival as provided by law.

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No recovery against MSMEs without attempt at revival as provided by law. Mathews J Nedumpara 23.10.2024 Economists believe that in a decade or two India is going to be the world’s third largest economy. Our country, once starved for foreign exchange, now probably attracts more foreign exchange than any other country. The reason is the demographic advantage we have. Most of the developed world, Europe, Japan, China, are aging. We are the youngest country in the world in the sense that 60% of the population is within the ages of 20 to 60, the work force. However, many economists are not as optimistic as...

17 October

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The new lady justice statue unveiled by the Chief Justice

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The new lady justice statue unveiled by the Chief Justice Mathews J Nedumpara 17.10.202498205 35428.Was taken aback to find this news. I thought it had to be misreported. The statue of lady justice is no longer blindfolded inviting the derision from the common people that depicts the truth of Indian judiciary where the only true law is the face law. The sword is replaced by the constitution. The lawyers and litigants familiar of the working of the Supreme Court is fully aware that Article 32 and 137 has quite literally been erased from the constitution inasmuch invariably all 32 petitions, except...

06 October

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Collegium, a fraud on the Constitution.

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Collegium, a fraud on the Constitution. Mathews J Nedumpara 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 common man.They could effortlessly make the Parliament and...

06 October

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Corruption in Judiciary and the need to bring an urgent mechanism to deal with it.

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Corruption in Judiciary and the need to bring an urgent mechanism to deal with it. Mathews J Nedumpara 1. One of my clients, an MSME, Perfect Infraengineers Ltd., engaged in the manufacture of Hybrid Thermal Solar Panels, received a call from one Ms. Mahi Bhatt on 23rd March, 2024, claiming to be representing the members of NCLT-I, Mumbai, demanding a bribe of Rs. 75 lakhs. The NCLT in the forenoon that day had adjourned an application under Section 7 of the IBC filed by a financial creditor, for pronouncement of orders. The caller informed by client that if the payment is not...

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