IT seems a long time back that the Journal of the Indian Law Institute published my article: “Who Bothers About The Supreme Court? The Problem of Impact of Judicial Decisions”. Just no one bothered about this 1982 analysis! It was uniformly ignored by all concerned—including The Lordships of the Supreme Court, some of whom preside over the destiny of this great national institute of legal learning, which has now completed more than six decades of service to the nation.
Not just the Bench, the Bar also completely ignored what I said then. Succeeding generations of law academics and students have also continued with this compliment! Never the one to say die, though deeply puzzled by this indifference, I revived attention to this problem from 2015 onwards.
The obstinate and perverse reality of not-so-benign indifference to binding judicial decisions persists and is regarded actionable only now! Senior Counsel Sanjay Parikh and advocate Aparna Bhatt for the People’s Union of Civil Liberties have done gallant service to us all by bringing to the Supreme Court’s attention that about 1,000 cases have been filed under Section 66A of the Information Technology Act, which was declared five years ago as violating the fundamental rights in the Constitution. The decision in Shreya Singal was widely and rightly applauded.3
Denne historien er fra August 2, 2021-utgaven av India Legal.
Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.
Allerede abonnent ? Logg på
Denne historien er fra August 2, 2021-utgaven av India Legal.
Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.
Allerede abonnent? Logg på
PIL, Difficult To Swallow?
In a recent ruling, the Bombay High Court lamented the increasing number of frivolous public interest litigations being filed in courts and echoed the sentiments of the Supreme Court that such litigations are the bane of the judicial system. Is there any way to restrict their misuse?
Till Infertility Do Us Part...
The Calcutta High Court slammed a husband for initiating divorce proceedings due to his wife's infertility and asked him to be a pillar of support for her. Courts have often taken an empathetic view in such matters
IS THAT LEGAL?
Ignorance of law is no excuse. Here are answers to frequently asked queries regarding matters that affect us on a day-to-day basis
The Big Lie
In America, The Big Lie is an idiom used by Donald Trump's opponents and the media to describe his constant gripe about election fraud. Now, it seems more suited to another Republican, Congressman George Santos (right), who has been facing growing calls to resign after he admitted fabricating parts of his resume and biography since his election in New York last year.
Flying into the Sunset
Over 50 years since the first and original jumbo jet, the Boeing 747, took to the skies and revolutionized air travel, the last of the legendary aircraft (right) was delivered to a freight charter company, bringing down the curtain on one of aviation's most successful products.
Star Crossed
Actor and producer Alec Baldwin is a Hollywood legend, having starred in a range of movies, award winning TV sitcoms, and theatre. He was most recently seen in Mission Impossible Fallout, which is an apt description of his current situation.
Walkouts in the UK
An estimated half a million workers have gone on strike, shutting down thousands of schools, public transport and border disruption. It is the biggest day of industrial action for more than a decade.
Myanmar's Misery
Two years after the military coup ousted the elected government led by Aung San Suu Kyi, the brutal crackdown by the junta on so-called \"insurgents\" and civilian protesters has reached a new level with the use of air strikes, a new and deadly tactic in the ongoing civil war.
AMERICA'S ANGST
From messy, divisive politics to a series of mass shootings, and now black officers brutally beating another black man to death as seen in bodycam videos, America's domestic convulsions are cause for serious introspection
JUSTICE LEAGUE
There are few judicial appointment procedures in the world that are completely bereft of the overarching presence of either the executive or the legislature, or both. In the end, the judge is left with all the powers vested in him/her by the constitution to uphold the rule of law, within an atmosphere of external influences