A judgment of the Supreme Court, whether rendered in personam or in rem, operates as a binding precedent under Article 141 if the Court has evolved a new principle where none existed or has reaffirmed an existing one—and otherwise not. Justice Pardiwala erred in Eminent Colonizers Ltd. in holding that while judgments in rem operate as precedent under Article 141, judgments in personam do not
Mathews J. Nedumpara11th Feb 2026 A judgment of the Supreme Court, whether rendered in personam or in rem, operates as a binding precedent under Article 141 if the Court has evolved a new principle where none existed or has reaffirmed an existing one—and otherwise not. Justice Pardiwala erred in Eminent Colonizers Ltd. in holding that […]
“Anti-social elements i.e. FERA violators, bride burners and a whole horde of reactionaries have found their haven in the Supreme Court” does not amount to contempt of court, but the words “people do experience corruption at the various levels of the judiciary; for the poor and the disadvantaged, this can worsen the issue of access to justice” do. Why?
Mathews J Nedumpara98205 354288th March 26 Judicial corruption is an undeniable truth. Before the PIL era, the Supreme Court was confined to its legitimate role as an adjudicator of what lawyers understand as a lis — a final court of appeal. PILs, which started as pro bono litigation to make justice accessible to those denied […]
Why I discourage my clients from filing Writ petitions and instead advise them to institute civil suits?
Mathews J Nedumpara3rd April 2026 2. On the contrary, if you file a writ petition, for instance in the Bombay High Court, the Court will hear you for a few minutes and would in all probability dismiss your case. You are flabbergasted. There was no meaningful hearing. No meaningful discussion on facts or law. There […]
The Folly of Kesavananda Bharati’s Basic Structure Doctrine Exposed in One Sentence.
The folly of Kesavananda Bharati’s basic structure theory, a product of the full court of the Supreme Court of India running into half a million words out of a hearing which spanned over 68 days, can be unravelled in just a single sentence as infra: If one were to invoke the jurisdiction of the Supreme […]
Why does my call for essential, multi-pronged judicial reform remain a voice in the wilderness? Why do good men remain silent?
1. There are ever so many good men and women serving as judges and senior lawyers. I have had occasion to interact with many of them—contemporaries and seniors—on the subject of judicial reforms. They agree with me that our justice delivery system is in near shambles, and they privately concur that a few simple measures […]
The folly of Kesavananda Bharati’s basic structure theory unfolded in three sentences.
Mathews J Nedumpara. 98205 35428 1st March 2026 The Supreme Court created the collegium system where judges appoint themselves—nay, anoint their kith and kin as judges—and also struck down the NJAC on the ground that the independence of the judiciary is a basic structure and that any system of appointment in which judges do not […]
I humbly beseech Modi ji to support my plea for the restoration of the NJAC.
Mathews J. Nedumpara 29.03.2026 98205 35428 Modiji has been a remarkable success in many areas and, in particular, in digitalization of the economy and on foreign policy and in particular in dealing with Pakistan. However, when it comes to combating judicial corruption and improbity and in bringing judicial reforms, he has been a monumental failure. […]
A National Call Against the Wilful Denial of Justice to MSMEs and the Poor, and for Judicial Reforms
Mathews J. NedumparaPresidentNational Lawyers Campaign for Judicial Transparency and Reforms 98205 35428 2nd March 2026 A National Call Against the Wilful Denial of Justice to MSMEs and the Poor, and for Judicial Reforms Magistrates across the length and breadth of this country pass orders directing the forceful dispossession of MSMEs from their properties, thereby depriving […]
Kudos to Rishi Kumar! His words are the voice of the people—the voice of God against the judicial abuse of power.
Mathews J Nedumpara 98205 35428 27.03.2026 Rishi Kumar, a final-year law student at TN National Law University, is a role model for the Bar, and perhaps even the Bench, of the world’s largest democracy. He has shown what it means to raise one’s voice for freedom of conscience and free speech.His blog post—stating “the Supreme […]
Banks and Financial Institutions cannot simultaneously initiate recovery proceedings under both the SARFAESI Act and the RDB Act; judgments holding otherwise are rendered per incuriam and sub silentio, and are not binding..
Click on the link below to read full article👇 SC Converted WP_Sark Spice_Parallel proceedings