CATEGORIES

UNDERSTANDING FEUDAL JUDICIARY

Justice DY Chandrachud's anguish about feudalism in the judiciary seeped in from princely India. Who should know this better than an additional district & sessions judge who became a district & sessions judge before being elevated to the High Court

UNEQUAL JUSTICE

Is the Indian legal system structured in a way that it marginalises a sizeable section of the population and favours the rich? A High Court chief justice sparks a debate

The Shanghai Test

The highly transmissible Omicron BA.2 variant has spread to levels never seen before in China and forced its financial and commercial centre, Shanghai, into a prolonged lockdown.

THE GAY QUESTION

NCP leader Supriya Sule recently introduced a private member's Bill that seeks to give equal rights of marriage to the LGBTQIA+ community. The Bill also seeks to replace all references in the Special Marriage Act to “husband and wife” with the word "spouse”. What are the chances of it becoming a law?

PULL UP YOUR SOCKS

Expressing concern over the falling credibility of investigative agencies, CJI NV Ramana stressed the need to set up an independent institution under which they can function and reclaim legitimacy and public trust

RESTORING COURTS CREDIBILITY

Chief Justice John Roberts joined the Court's liberal wing in dissent while blasting the conservative majority in a recent shadow docket case that limits the ability of states to block projects coming under review by the federal Clean Water Act

DRACONIAN BILL?

The Billempowers law enforcement agencies to collect physical and biological samples of prisoners and those detained. Unlike the 1920 Act, it widens the scope of individual data which can be collected

SEALED COVERS

The Supreme court has disapproved the practice of sealed covers which violate the fundamental principles of the administration of justice. A democratic country does not need a secret judicial system

LEARNING LESSONS

The RTE Act lays down that no child could be deprived of his/her right to education. The prolonged closure of schools due to the pandemic has undermined that process which is especially relevant to socially and educationally disadvantaged children

“THERE WILL BE ZERO TOLERANCE FOR CORRUPTION”

After a hiatus of over a year, the Delhi Lokayukta post has been filled with the appointment of former judge of the Jharkhand High Court JUSTICE HARISH CHANDRA MISHRA for five years. Speaking to SANJAY RAMAN SINHA, Justice Mishra said that zero tolerance against corruption cases and strengthening the investigative arm of the Lokayukta office would be his top priority. Excerpts from the interview:

Celebrity Clash

Reporters and camera Lcrews have besieged Fairfax County Circuit Court in Virginia, where a courtroom battle is underway between two major Hollywood stars, Johnny Depp (above right) and his former wife Amber Heard.

TAKING A LENIENT VIEW

Courts are granting bail to some accused on the pretext of good behaviour or their being first-time offenders and continued incarceration being detrimental to their well being. Is this a good move?

A FEUDAL MINDSET

Justice DY Chandrachud said that technology can be used to end the feudal structure in the judiciary. All judges are equal and the Constitution should be amended and subordinate courts” renamed as “district judiciary"

MINORITY VS MAJORITY

The centre has said that states too have the power to declare communities as “minority". This affidavit was in response to a petition which said Hindus were a minority in some states

UNSOCIABLE MEDIA

In February 2021, the centre brought sweeping reforms to the Information Technology regulatory framework in order to regulate social media. Now, it has submitted before the Delhi High Court that a user can initiate proceedings against a social media platform for suspending his/her account without prior notice

STRIKING DOWN

The Kerala High Court declared that the two-day strike of government employees in the state during March-end was illegal and directed the state to issue an order barring them from joining the strike. Trade unions, however, disagreed, saying that the order was against the workers' right to protest

SOME WIT, SOME WISDOM

Courts are often seen as dry places swarming with serious men and women in black robes debating contentious disputes. But genius blooms in strange places and UK courts have shown the witty side of things

Oscar Villains

It was a slap heard around the world.

NOT ADDING UP

For the first time in history, the government is attempting to disturb the autonomy of The Institute of Chartered Accountants of India, which is known as a strong professional body. The bill passed in Parliament to amend the Acts governing the apex body gives the government greater power over the regulation of the concerned professions. It is an ill-conceived proposal

Is Fraud Arbitrable?

Justice AK Sikri's judgment, delivered in 2016, laid the foundation of using proportionality as a tool of interpretation on the question of arbitrability. The judge had conceptualised a dual criterion for determining the arbitrability of fraud, categorising charges into simple and sophisticated frauds

THE AGE-OLD QUESTION

With ever-increasing caseload, will increasing the retirement age of judges at all levels of the judiciary help? The issue was discussed in great detail by a distinguished panel of legal luminaries on the India Legal show on APN channel. The programme was hosted by the channel's Editor-in-Chief, Rajshri Rai. A report By Sanjay Raman Sinha

Refugees and Racism

Toe The entire world is joining hands to extend support to Ukraine and the flood of refugees leaving the country, some three million at last count who are finding refuge not just in Europe but the UK as well.

NO SILVER LINING

The proposed Silverline project in Kerala was meant to ease transport between the northern and southern parts of the state. Instead, it has now become a flashpoint for controversies. There are major concerns on the economic, social and environmental fronts

A GRAVE ISSUE

In a controversial order, the Delhi High Court has refused to stay the transfer of a cemetery belonging to the Waqf Board to the ITBP. Also in question are 123 other properties of the Board

PUBLICITY INTEREST LITIGATIONS

Though PlLs are meant to help the poor, they are being increasingly misused by vested parties. This has overburdened the judiciary and led to delays in disposal of bonafide cases

DAIRY DIARIES

Amid ruckus, the Haryana assembly tabled amendments to bills related to the sale and transport of cattle in urban areas. The Opposition has said the government should build dairy complexes to keep these animals

Kerala government urges Supreme Court for independent safety review of the Mullaperiyar Dam

Kerala informed the Supreme Court that a fresh review of the safety of the 126-year-old Mullaperiyar Dam (above) should be conducted by an independent panel of experts, comprising qualified engineers and experts in their respective fields.

BREATHER FOR TAMIL NADU

The Court has refused to stay a decision of the state to allocate 50% super-specialty seats in government medical colleges to NEET-qualified in-service candidates. This has aggrieved candidates who appeared in NEET-Super Specialty-2021

CASTING OUT THE COUCH

On a petition filed by Women in Cinema Collective, the Kerala High Court has directed film production companies to constitute an Internal Complaints Committee under the POSH Act to avoid sexual abuse under the casting couch system

INFRASTRUCTURE ISSUES

The CJI has often spoken about the need for a National Judicial Infrastructure Corporation. Now a plea has been filed for setting up a Judicial Vista so that dispensation of justice is not hampered