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Showing posts from May, 2021

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

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"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

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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...