26 February

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Nedumpara’s Open Letter To The Hon’ble PM, CJI, Chief Justices Of The High Courts, Members Of Parliament

13.3.2021 An Open Letter To The Hon’ble Pm, Cji, Chief Justices Of The High Courts, Members Of Parliament Hon’ble Sirs and Mesdames, When Hon’ble Justice Indu Malhotra was elevated as a judge of the Supreme Court of India, the undersigned, who is only too conscious of his insignificance, had an immense sense of happiness and joy. There is yet another instance where I was extremely jubilant, that was when the NJAC bill was introduced in the Parliament. Mrs. Indu Malhotra’s appointment came shortly after we had addressed a letter asking for greater representation of women in the Supreme Court and High Courts. The...

26 February

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Review of the judgement of the 9 judge constitution bench of the Supreme Court in Judges 2 case in 1993

Posted by Mathews J Nedumpara

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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 young lawyers who dream of one day occupying the august office of the Chief Justice of India or a of a Judge of the Supreme Court or of a High Court, everything depends upon the decision of the court in the review. I say so because, today,...

26 February

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Nedumpara’s Open Letter to Justice Kurian Joseph

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3rd December, 2018ToHon'ble Mr. Justice Kurian Joseph ,Former Judge, Supreme Court of India,New Delhi.OPEN LETTERMAY 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...

26 February

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

Posted by Mathews J Nedumpara

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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...

26 February

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Ne bis in idem, the simple solution for mounting arrears

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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, which the founding fathers had never visualized, have created large number of tribunals in substitution of the Civil Court, even the High Court. However, far from reducing the backlogs, such laws and tribunals have contributed in inconceivable terms, towards adding to the existing backlog of cases....

26 February

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

Posted by Mathews J Nedumpara

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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 ...

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