Two months ago, Judges 2-3-4-5 of the Indian Supreme Court wrote a long letter to the Chief Justice, complaining of assignment of Benches without any rational basis. Last Friday [*January 12, 2018*], The Judges called a Press Conference, irreversibly provoked by the Bench chosen by the Master of the Roster [The Chief Justice of India], to hear […]Read more "An Alleged Judicial Crisis on Swami Vivekananda’s 155"
This year, a lawyer’s petition before the Bombay High Court, had claimed that the trailers of The State vs. Jolly LL.B 2 (Jolly LLB 2) projected the Indian Judiciary and the Indian Legal System in a derogatory manner. The Court found that there was a “prima facie” case of Contempt of Court. It constituted a three-member committee […]Read more "The Nature of Judicial Power: Gautam Bhatia"
My Lord, Should Section 2(1)(d) of The Protection of Children from Sexual Offences Act, 2012 that defines ‘child’ to mean any person below the age of 18 years, engulf and embrace, in its connotative expanse, the ‘mental age’ of a person or the age determined by the prevalent science pertaining to psychiatry so that a […]Read more "The Nature of Judicial Power: The Theory of Creative Interpretation"
“When a law is enacted with retrospective effect, it is not considered as an encroachment upon judicial power when the legislature does not directly overrule or reverse a judicial dictum. The legislature cannot, by way of an enactment, declare a decision of the Court as erroneous or a nullity, but can amend the statute or […]Read more "The Nature of Judicial Power: Hon’ble Justice Dipak Misra"
The case of Enviro Legal Action v. Union of India, (2011) 8 SCC 161 elaborated the scope of Article 137 of the Indian Constitution. The SC in the case of Kamlesh Verma v. Mayawati, (2013) 8 SCC 320 further held as under: “(A) When the review will be maintainable: Discovery of new and important matter or […]Read more "The Nature of Judicial Power: Powers of Review of the Supreme Court"
“The power to invalidate a legislative or executive act lies with the Court. A judicial pronouncement, either declaratory or conferring rights on the citizens cannot be set at naught by a subsequent legislative act for that would amount to an encroachment on the judicial powers. However, the legislature would be competent to pass an amending […]Read more "The Nature of Judicial Power: Hon’ble Justice Ranjan Gogoi"
‘Sitting here at the end of 2015, we’ve had 41 years since Royappa, and it is still unclear what the Arbitrariness Test is really about.’ Mihir, however, is forceful in his conclusion that, ‘the content of Article 14 cannot change in the manner suggested by the Court.’ It cannot be so that no one can challenge a law as […]Read more "The Nature of Judicial Power: Mihir Naniwadekar"