Posts

ADM Jabalpur case & H.R. Khanna's dissent

Image
"However good a constitution may be, it is sure to turn out to be bad because those who are called to work it, happen to be bad lot. However bad a constitution maybe it may turn out to be good if those who are called to work it, happen to be good lot." - Dr. BR Ambedkar. The speech made by BR Ambedkar in the constituent assembly turned out to be true when the constitutional powers were exploited by the then Prime Minister of India, Mrs. Indira Gandhi. The dawn of the dark began when on 26th June 1975, Internal Emergency was declared by Mrs. Gandhi’s repressive government. Maintenance of Internal Security Act was passed by Parliament during the emergency and several opposition members, including student leaders, were put to jail as per MISA without any reasonable cause along with which extensive censorship was imposed. Maintenance of Internal Security act was a draconian law passed by parliament empowering Mrs. Gandhi’s government with vast arbitrary powers for preventive dete...

Contempt of Court

Image
The Contempt of Court act was enacted in 1971 which consists of 2 types of contempt that can be initiated by a court of law – Civil and Criminal Contempt. Civil contempt is the willful disobedience of court’s order, judgement or decree. Criminal contempt consists of publication of any matter that (i) scandalises or tends to scandalise or lower or tends to lower the authority of any court prejudices or, (ii) interferes or tends to interfere with, the due course of any judicial proceeding or, (iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner as stated in Sec. 2(c) of the aforesaid act. Any such publication which infringes with the work of court can be considered as Contempt of Court. The power is also inherently expressed in Article 129 and Article 215 of the Indian Constitution describing top two judicial courts of our country as Court of Record. It was last moment amendment by BR Ambedkar, the chairman of D...

Women in Indian Judiciary

As Justice Indu Malhotra retired on 13 th of march 2021, Supreme Court of India is left with only 1 woman judge which consists of 33 judges excluding chief justice of India. The remaining one is Justice Indira Banerjee who is due to be retired in mid-2022. Justice DY Chandrachud, another supreme court judge who is in the line of becoming Chief Justice of India on retirement of Hon’ble CJI NV Ramana, remarked the saddening fact that following the retirement of Indu Malhotra, the Supreme Court is left with only 1 woman judge on the bench. Disheartening fact of our judiciary is that no. of female participation in the law governing body of the country is far less than equal, even when there is continuous approach to encourage feminism in all sectors. The country has seen 1 st woman president in the form of Pratibha Patil, Indira Gandhi as first women prime minister, however 1 st women chief justice is yet awaited even after 70+ years of Independence and constitution of top-most court. 1...

COURTS AT THE TIME OF CRISIS

While our country is currently fighting from the 2nd strain of coronavirus, the rest of the world is back on their track to development, we can see the barbaric condition of the health of the citizens of this country. Many states have imposed lockdown & restraints yet again in containment zones, but India with its Indian people, there are still many a people who are not taking this Co-Vid wave seriously roaming around hitherto without following any kind of precautions issued by Central as well as State Government. Such disregard will harm eventually us only in the end as the Covid surge is rising day by day. People who are still not wearing masks should be booked under section 269 of Indian Penal Code stating negligent act likely to spread infection of disease dangerous to life. However, from a different point of view, Even the central government has not taken this 2nd wave of strain seriously until the medical infrastructure of the states has collapsed. The government has been eng...