Who becomes an amicus curiae ?
Amicus Curiae in theory means a friend of the court. However, in reality he or she is someone who knows the mind of the court and makes submissions to suit what the court has pre-decided.The court therefore appoints those lawyers who are part of the elite lobby of lawyers and judges in the Supreme Court […]
While attacks on judges ought to be condemned in the strongest words, it is equally important to take serious notice of the grievance of the common man that the justice delivery system has failed him beyond words.
I completely disapprove and contempt the physical attacks on the judges. These incidents validate my stand that entering the streets, nay Andolan, as a means for judicial reforms is wholly ill-conceived and counter-productive. Many of my friends disapproved of my stand, saying that through peaceful and constitutional means nothing can be achieved. True, nothing can […]
Articles 226, 32 and Tribunalisation have made the Indian bar ignorant of the elementary principles of jurisprudence.
Young lawyers cannot be entirely blamed for their misconception that the constitutionality of a statute or statutory instrument can only be challenged in the High Court and the Supreme Court under Articles 32 and 226, for even lawyers like Mrs. Indira Jaising were under that wrong impression. That was her plea in invoking Article 32 […]
If you are a common man and invoke Article 226 in the Bombay High Court, denial of justice is a fait accompli.
Mathews J Nedumpara5th July 202698205 35428 If you file a suit it will be decided on merits, no matter whether you engage a kith and kin of judges or otherwise favoured, or engage an ordinary lawyer. On the contrary, if you institute a Writ Petition in a High Court, for instance in the Bombay High […]
Young lawyers, let Thushar Mehta, the SG, and Singhvi utter “I bow down” for every word that falls from the mouth of the judges, but you don’t have to.
Mathews J Nedumpara23rd June 202698205 35428 If you say a neta is a chor, you will get applause, but if you say a judge is corrupt you invite contempt of court. Your fellow lawyers will distance themselves from you because they were told the day they joined the bar that you can afford to lose […]
Drops of water hollow a stone: In a country of 1.5 billion, why does it fall upon my humble self alone to demand radical, long-overdue judicial reforms?
Mathews J Nedumpara22nd June 202698205 35428 In a country of 1.5 billion people, my humble self is the only person daring to speak in the public domain on the abolition of the collegium, senior designations, Articles 32 and 226 (synonyms of arbitrariness), restoration of the NJAC, the pristine glory of the civil courts, abolition of […]
Why the basic structure is a fraud on the constitution – explained in a few words.
Mathews j nedumpara98205 3542814th September 2025 I am often asked why I call the “basic structure” a laughable theory. I can answer this in a few words by citing an example. If one were to invoke Article 32 prior to Kesavananda Bharati, the judges would unfailingly ask “why are you here? And which fundamental right […]
Why I discourage my clients from filing Writ petitions and instead advise them to institute civil suits?
Mathews J Nedumpara3rd April 202698205 35428. 3.You are advised to file an SLP in the Supreme Court. You have heard great things about the Supreme Court — the sentinel on the qui vive, namely the protector and guardian of the lives and liberties of the common man. The ultimate hope, the last resort for a […]
Why doesn’t a judgment under Article 226 or 32 constitute res judicata?
Mathews J Nedumpara2nd May 2026 The doctrine of res judicata belongs to the realm of evidence. It is for the party who pleads it as a bar to establish it. Ordinarily, a litigant has a right to institute a suit or other proceedings at their sweet will where there exists a cause of action.The doctrine […]
Why doesn’t a judgment under Article 226 or 32 constitute res judicata?
Mathews J Nedumpara98205 354282nd May 2026 The doctrine of res judicata belongs to the realm of evidence. It is for the party who pleads it as a bar to establish it. Ordinarily, a litigant has a right to institute a suit or other proceedings at their sweet will where there exists a cause of action.The […]