Review of the judgement of the 9 judge constitution bench of the Supreme Court in Judges 2 case in 1993
Review of the judgement of the 9 judge constitution bench of the Supreme Court in Judges 2 case in 1993 The judges 2 case is of monumental significance so far as our very existence as a constitutional democracy is concerned. For those like my daughter, a young lawyer, my juniors and the thousands of […]
Nedumpara’s Open Letter to Justice Kurian Joseph
3rd December, 2018ToHon’ble Mr. Justice Kurian Joseph ,Former Judge, Supreme Court of India,New Delhi.OPEN LETTERMAY IT PLEASE YOUR LORDSHIP: Yours sincerely,(Mathews J. Nedumpara)President,NLC
Demolition of 350 residential flats, Harish Salve’s monumental failure to defend Govt. of Kerala
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, […]
Ne bis in idem, the simple solution for mounting arrears
1. Faced with the mind-boggling burden of arrears which today is more than 3.4 crores in the case of the subordinate courts and more than 51.5 lakhs in the case of the High Courts and even 62,064 in the case of the Supreme Court, our legislature and the superior Courts invoking even legislative powers, […]
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 […]
Usurpation of executive and legislative powers by the Indian higher judiciary
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 […]
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 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 […]
Our Interpretation of Constitutional Law has Become a Classic Example of Human Stupidity
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 […]
Progeny Judges’ Syndrome Chart- Chief Justices of HCs
Open Letter to Justice Kurien Joseph
3rd December 2018 To Hon’ble Mr. Justice Kurian Joseph,Former Judge, Supreme Court of India,New Delhi. MAY IT PLEASE YOUR LORDSHIP: Yours sincerely, (Mathews J. Nedumpara)President