26 February

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

Our Interpretation of Constitutional Law has Become a Classic Example of Human StupidityMathews 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. The common law is our law by virtue of Article 372 of the constitution. It is founded on two simple principles, ‘res judicata’ and ‘stare decisis’, namely, precedent. Res judicata means a decision in a case between A and B will bind and them, but not C and D who were not parties to it, in other words, it will...

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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Criticizing Bar Council amounts to misconduct

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27.06.2021 "Criticizing Bar Council amounts to misconduct"? 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...

26 February

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Ten myths of Indian Constitutional Law

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TEN MYTHS OF INDIAN CONSTITUTIONAL LAW-Mathews J. NedumparaIntroductionIn 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...

26 February

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Nedumpara’s Letter To The Prime Minister Complaining Nepotism In Judges’ Appointment

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Mathews J NedumparaPresident , NLCOPEN LETTER04.06.2020 Hon'ble Shri. Narendra ModiPrime Minister of IndiaNew DelhiHon'ble Shri S A Bobde,Chief Justice of India.Hon'ble the Chief Justice of Rajasthan.Hon'ble Shri Ashok Galot,Chief Minister of Rajasthan. Sirs, Sub: The reported decision of the collegium of the Rajasthan High Court recommending 17 names for appointment as judges of the Rajasthan High Court. I address this letter with great amount of pain and agony. I wish i were not to address this letter. But I have no choice. As the President of the National Lawyers Campaign for Judicial Transparency and Reforms, an organization registered under the Maharashtra Public Charitable Trust...

26 February

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Simple solution for reducing pendency of cases is to do away with “precedents” nay, repeal of Article 141 of the Constitution

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Simple solution for reducing pendency of cases is to doaway with “precedents” nay, repeal of Article 141 of theConstitution.Mathews J. Nedumpara “Simple things can be done in simple ways;Hard things too can be done in simple ways;But it requires an inventive brainAnd can be done without much strain” The above words of a poet, I believe, should be the guiding lamp when we think of judicial reforms. There are two streams of administration of justice, one, the civil law system followed in the European continent and the Latin America, and the other the common law system followed in UK, India, America and...

26 February

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Demolition of 350 residential flats, Harish Salve’s monumental failure to defend Govt. of Kerala

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27.09.2019 Today is probably one of the saddest days in my life as a lawyer. Sri Harish Salve, whom the media has always glorified as one of the greatest of lawyers for his hair splitting arguments, a national icon since his appearance in Kulbhushan Jhadav, reduced himself to be one of the very ordinary lawyers, a defacto psychofant, agreeing to every word of the court, servile to the very core and betraying the state of Kerala whom he represented. The court took a very high moral standing, that it is ordering the demolition of the building to save the thousands of...

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