Common Law

In my limited understanding of the things, I write… 1.       The HC/SC, everyday, lays down so many propositions of law, while they interpret the laws. 2.       It is well settled that HC/SC interpret the provision of any law, in its letter and spirit, and, ordinarily, they don’t invent or legislate; and therefore, ordinarily, the law laid down in any of the judgments are applied retrospectively, suggesting that, “the law laid down” was in fact the intent of the law at the time of its enactment, and said proposition has not emerged by reason of court judgment. 3.       In our pleadings / arguments before the Court, invariably, we rely on, one or the other HC/SC judgments, advancing the proposition of law illustrated in the said judgment. 4.       My proposition is: In our pleadings / arguments, instead of stating / arguing that “HC/SC has said this, or has laid down the...

What is the “test” to measure the effectiveness of Collegium Scheme of Appointment 1.       In this write up, I am trying to invent a “test” to measure the effectiveness of Collegium Scheme of Appointment of Judges at High Courts and at Supreme Court of India. 2.       The Collegium scheme of Appointment, the center of controversy, first of all, it must be understood, and in my view, is opposed because of complete lack of transparency in its process, and is not opposed per se. 3.       Whereas the current CJI R. M. Lodha defends the “indefensible” this Non transparent system, I ask myself, what could be the authentic test to measure the effectiveness of this scheme. And why I say it is "indefensible", is because, said "opaque Scheme" is justified in the backdrop, where "open court" is the hallmark and chief attribute of any justice dispensation scheme. 4.       I ...

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The   section-alization   of Injunctions of Law indicates that every Injunction of law has defined territory (four corners). Whereas every  section  deals with a specific kind of situation / issue, the said   Section-alization   also gives distinct identity to the concerned Injunction, to the exclusion of other Injunctions, notwithstanding the fact that Acts of Legislature are always considered as a “scheme”, and a   section  cannot be completely read in isolation with other Injunctions of the said Act, or other Acts. And when the Injunction has invariably consigned a definite territory, it hardly gives any discretion to the administering person, for, the mandate of Law is always couched in “COMMAND”; And I would go on to say that “Law” and “Discretion” are mutually inconsistent terms, for, if we have a mandate of law for a particular issue, one ceases to have any discretion, except to the extent, wherein t...

Securing effective Redressal to our issues / Complaints / Representations … A satisfactory reply to complaints is of fundamental importance in the Administration – Citizens Relationship. Good governance signifies the way an Administration ameliorates the standard of living of the members of its society, by creating, and making available the basic amenities of life; providing its people security of life and the opportunity to better their lot; instills hope in their hearts for a promising future; affording participation and capacity to influence, in the decision-making in public affairs; sustaining a responsive judicial system which dispenses justice on merits in a fair, unbiased and meaningful manner; and maintaining accountability and honesty in each wing or functionary of the Government administration. Forms of accountability may differ but the basic idea remains the same that the holders of Public Office must be publicly able to justify their exercise of power not ...