The Finesse of a Trial Judge

Justice Arvind Kumar Mishra of the Allahabad High Court commenting on (Retd.) Justice Shyam Lal, in Nupur Talwar v. State of U.P., [Criminal Appeal No. 293 of 2014]: “The Learned Trial Judge has prejudged things in his own fashion, drawn conclusions by embarking on erroneous analogy conjecturing to the brim on apparent facts telling a different […]

Read more "The Finesse of a Trial Judge"

The Doctrine of Arbitrariness / Substantive Due Process I

Abhinav Chandrachud, grandson to Former CJI Y.V. Chandrachud, was not incorrect in noting that the doctrine of ‘fairness’/ ‘non-arbitrariness’ laid the foundation of substantive due process in our country. Justice Nariman supports this view. In a CJI K.G. Balakrishnan Judgment in 2010, richly cited in the book, it indeed was held that the ‘standard of substantive […]

Read more "The Doctrine of Arbitrariness / Substantive Due Process I"

The Discomfort of ADM Jabalpur

ADM Jabalpur must be confined to the dustbin of history. Hon’ble Justices Aftab Alam and A.K. Ganguly in Rajnath Chauhan, (2010) 14 SCC 209 were clear on that conclusion. Two months after the pronouncement of judgment, Times of India carried the following headline: ADM Jabalpur is a flop movie, only remembered fondly for the stellar […]

Read more "The Discomfort of ADM Jabalpur"

The Doctrine of Widest Construction

“The jurisprudential basis for the ‘rule of widest construction’ is the hallowed belief that a Constitution is drafted with an eye on future providing a continuing framework for exercise of governmental power. Therefore, it must be elastic enough to meet new social, political and historical realities often unimagined by the framers of the Constitution. Chief […]

Read more "The Doctrine of Widest Construction"