Who is responsible for demolition of Maradu homes – an injustice which has no parallel in history
Keralites across the breadth and width of the globe, nay, millions of people, with bated breath, watched five apartment buildings in Maradu, a prime location of Cochin surrounded by lakes and lush green, crumble down with a mushroom of dust being formed, as if an atom bomb has been dropped. While a few sadists, […]
Referring Questions of Law to Larger Benches is in Ignorance of the Doctrine of Stare Decisis
Referring Questions of Law to Larger Benches is in Ignorance of the Doctrine of Stare Decisis By Mathews J. Nedumpara It is said that even Homer nods at times, meaning that sometimes even very eminent and scholarly men err, for, to err is human. Lord Halsbury, known for his monumental work titled “Halsbury’s Laws of […]
NLC’s agendas are certain to become a reality
10.5.2021 NLC’s agendas are certain to become a reality because: a) unlike before, a large section of the legal fraternity, informed public, and in particular the press, is aware that the Collegium system of appointment and designation of lawyers as senior advocates have completely destroyed any semblance of inclusiveness in the higher judiciary as well […]
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? Mathews J Nedumpara 98205 35428 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 […]
This letter I had addressed to the Chief Editor, Malayalam Manorama
This letter I had addressed to the Chief Editor, Malayalam Manorama, way back in 2011 when the allegations of corruption against Chief Justice Balakrishnan was the talk of the town, not merely in the corridors of the bar. The editor told me that since it is about the judiciary, they cannot touch it, for, the […]
Questions of law
(A) If a surgeon of a Government hospital, who conducts a cesarean operation, negligently leaves a scissor inside the belly of the patient leading to fatal consequences is liable under civil and criminal laws; so too the State, his employer, will not similar principle apply in a case, as the instant one, where the 1st […]
Who are the Judges of the Supreme Court of India?
The Supreme Court of India is the most powerful court on the planet. It probably is the only apex Court which is also the court of first instance. Under Article 32 of the Constitution of India, a citizen can approach it without recourse to any other court, complaining violation of fundamental rights. The founding fathers […]
An appeal to the people
An appeal to the people 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 […]
Four- fifths of the CJs of High Courts are sons, sons- in -law, nephews, juniors of Chief Justices, Judges, Attorney Generals, Advocate Generals, Ministers et al.
1. Our Constitution provides that the President (i.e., the executive) shall appoint the judges of the Supreme Court in consultation with the Chief Justice of India and such other judges of the Supreme Court and HCs, and in the case of judges of the High Courts the CJI and the CJ and the Governor (i.e. the […]
MJN’s article on judgments in Sabarimala and Church cases
Faith versus State The majority judgment of the Supreme Court in Sabarimala case delivered on 20th September, 2018 striking down Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorization of Entry) Rules, 1965 on the ground that it amounts to gender discrimination and untouchability, while received the applause of the English newspapers, […]