The nine-judge bench judgment of the Supreme Court in Justice K.S. Puttaswamy vs Union of India is now four-and-a-half months old. The verdict, which held that there exists a fundamental right to privacy under the Indian Constitution, has been analysed threadbare. Its implications for decisional autonomy, personal choice, State surveillance, informational self-determination, and many other facets of privacy, have been debated and discussed. In the coming months, the Supreme Court will have an opportunity to cement the legacy of Puttaswamy, when it hears cases pertaining to almost all these issues. However, there is one aspect of the judgment that has received universal approbation, but no analysis. This is the Court’s decision to overrule its 1976 judgment in ADM Jabalpur vs Shivakant Shukla, the Emergency-era verdict that is widely accepted to mark the “lowest point” in the Court’s history.Recall that ADM Jabalpur concerned … [Read more...] about From A Culture Of Authority To A Culture of Justification: The Meaning of Overruling ADM Jabalpur
Judgments of supreme court of india
The privacy of public servant is becoming a highly contentious issue since the advent of Right to Information Act, 2005 enabling citizen to seek information about public authorities and their officers. An employee of the state is legally defined as public servant and every citizen will be a virtual employer in electoral democracy. Can privacy hamper the regime of transparency and scrutiny of public conduct of the public servant? If government employees privacy is limited, to what extent? The conflict between right to privacy and need for transparency is the centre of controversy in many cases before the information Commissions and Constitutional courts, more so in Girish Ramachandra Deshpandy case, which travelled from second appeal in CIC to SLP before Supreme Court has set a controversial standard for ‘personal’ information causing serious damage to right to information. The apex court’s order of dismissing SLP in Girish Ramachandra Deshpande is … [Read more...] about Scope Of Privacy Of ‘Public’ Servant: An Analysis Of Girish R Deshpande Vis-A-Vis Other Binding Precedents
(11) In Bhajan Singh and others V/s. State of Haryana, (which was not a case of rape) the court observed in para 21:-“The testimony of an injured witness has its own relevancy and efficacy as he has sustained injuries at the time and place of occurrence and this lends support to his testimony that he was present at the time of occurrence.Thus, the testimony of an injured witness is accorded a special status in law. Such a witness comes with a built in guarantee of his presence at the scene of the crime and is unlikely to spare his actual assailant(s) in order to falsely implicate someone.Convincing evidence is required to discredit an injured witness. Thus, the evidence of an injured witness should be relied upon unless there are grounds for the rejection of his evidence on the basis of major contradictions and discrepancies therein”.(Emphasis supplied)In enunciating the above proposition, the court relied on a number of earlier decisions of the court. … [Read more...] about Prosecutrix in a Rape Case – Evaluation of Evidence – Part II
A young bank official named Joseph is arrested by two policemen one fine morning, without even being informed why. Joseph is outraged.Till his death, Joseph does not get to know what is he being tried for. Joseph is the protagonist of Franz Kafka’s seminal work ‘The Trial’, which is the story of Joseph’s case, his trial and tribulations with : the invisible Law, absent judge, opaque court processes, police excesses and the high-handedness of our criminal justice system. He dies a year later at the hands of the very policemen who had arrested him, in a striking finale of how the system consumes him. Like all fiction, the story is a lie, but one that says a lot of truth about our criminal justice administration, or at any rate, its prevailing stereotype, which has a definitive impress of truth.Enter G, a 6-year old girl taken to a field, enticed with sweets, and then raped; her delicate face smashed beyond recognition, having been bludgeoned to death by bricks. … [Read more...] about Role Of A Magistrate In A Criminal Investigation
Vice-President Hamid Ansari has said the Supreme Court has given a dynamic shape to the concept of social justice and expanded the envelope of social justice by adjudicating on diverse social matters concerning education, livelihood, gender and environment.He also said the judiciary is the guardian of the Constitution and its role as the protector of civil rights has reposed the faith of the people in it.Ansari was inaugurating the 9th national conference of the Indian Association of Lawyers.He said in Calcutta Electrical Construction Company Ltd, v. SC Bose, the Supreme Court held that the right to social and economic justice is ‘a fundamental right’.Citing various judgments, he said the Supreme Court has expanded the envelope of Social Justice by adjudicating on diverse social matters concerning education, livelihood, gender and environment. “One of the more illustrative sectors where the judiciary has given practical shape to social justice is in the … [Read more...] about SC Has Given A Dynamic Shape To The Concept Of Social Justice: Vice President Hamid Ansari
Vide notification dated 14.09.2015 in the Official Gazette, the 21st Law Commission was constituted with effect from 01.09.2015 to 31.08.2018. More than a year out of the three granted has passed, but the present Law Commission has surprisingly not submitted any report till date. The 20th Law Commission headed by Justice A.P.Shah had raised the standards by quality of recommendations and the quantum of work undertaken. The 21st Law Commission has strangely not followed the tradition and has remained quiet for over a year now.The 21st Law Commission is headed by Justice B.S.Chauhan who post retirement was chaired as Cauvery Water Tribunal’s head. It is unclear whether he still holds the post but nevertheless since his appointment on March 2016, no report has been submitted by the Law Commission. As per the terms of reference of the 21st Law Commission, it shall deal with Review/Repeal of obsolete laws, Law and Poverty, Review the system of judicial administration to ensure that it … [Read more...] about One year of the 21st Law Commission; Nil Report!
“Nothing will happen in the meantime. Matter had been heard by the bench and it is over for now, please allow the examination to be conducted”- this is the response of the bench comprising of Justices A. K. Sikri and R. Banumathi of Supreme Court of India, when a three-judge bench headed by Chief Justice T. S. Thakur conducted a special hearing on Saturday to deal with pollution in Delhi and did not allow the plea seeking urgent hearing for modification of the April 28 order passed by another bench with regard to the National Eligibility Entrance Test (NEET).The observation came when lawyers representing some students, said that the order on NEET needed to be modified as students who had prepared for the state-level entrance exams will find it difficult to prepare for the NEET in such a short span of time.The court, for the time being refused to entertain the plea and asked the lawyers concerned to file an application which would be heard by the regular bench, hearing … [Read more...] about The Careless ‘Unneat’ Supreme Court Order on NEET; Why is the Supreme Court of India not rendering natural justice?
In a landmark judgment, a Supreme Court bench headed by Justice Vikramajit Sen has held that an unwed mother in India can apply to become the sole guardian of a child, without giving notice to the father of the child and without disclosing his identity.The Court also directed that if a single parent/unwed mother applies for the issuance of a Birth Certificate for a child born from her womb, the Authorities concerned may only require her to furnish an affidavit to this effect, and must thereupon issue the Birth Certificate, unless there is a Court direction to the contrary.The Court was hearing a petition filed by a Government official against ruling of the trial court and the Delhi High Court. Both the Courts had held that she needed to disclose the father’s name to get his consent while filing a guardianship petition.The child was born in 2010, and had subsequently raised him without any assistance from or involvement of his putative father. Desirous of making her son her … [Read more...] about Unwed mothers can become the sole guardian of child without disclosing father’s name or his consent: SC [Read the Judgment]
Ex-judge of the Supreme Court and former Chairman of the Press Council of India, Justice Markandeya Katju has moved the Supreme Court through a writ petition seeking quashing of the Resolutions dated 11.03.2015 & 12.03.2015 passed by the Rajya Sabha & the Lok Sabha respectively condemning his comments on Mahatma Gandhi and Netaji Subash Chandra Bose, claiming that Parliament lacks the competence and authority to pass the impugned Resolutions condemning the act of the Petitioner.Justice Katju has taken exception to “the passage of the resolution condemning a statement, without even placing in its entirety before the respective houses of Parliament and without even giving the Petitioner an opportunity of being heard” and said that the same “is both arbitrary and in denial of natural justice.”Justice Katju has contended in his petition that the rule against passage of a resolution against the conduct or character of a private individual is present … [Read more...] about Justice Katju moves SC seeking quashing of Resolutions passed by Parliament condemning his statements on Mahatma Gandhi and Netaji Subhas Chandra Bose
A Supreme Court Bench headed by Chief Justice of India TS Thakur today issued notice to Centre seeking response on a plea for setting up of National Court of Appeal with regional Benches. The Court has appointed Senior Advocates K.K.Venugopal and Salman Khurshid as Amicus Curiae in this Case.Interestingly in 2010, K.K.Venugopal in his landmark Jain Memorial Lecture on the subject “TOWARDS A HOLISTIC RESTRUCTURING OF THE SUPREME COURT OF INDIA” advocated the proposal of establishing National Court of Appeal.He stated as follows;“I suggest that instead of adding more judges to the Supreme Court of India, one should create four Regional or Zonal Courts of Appeal which would absorb the 140 categories of cases which are today pending in the Supreme Court of India being matrimonial, rent control, labour, service, land acquisition and other such like cases. These cases would belong to the exclusive jurisdiction of the Courts of Appeal which would be established in the four … [Read more...] about Plea for Establishment of National Court of Appeal; SC issues Notice to Centre [Read Petition] [Updated]