Indian Judiciary

WORKING OF THE ANTI-DEFECTION LAW

A five-judge Bench of the Supreme Court of India is presently hearing a set of cases popularly known as the “Maharashtra political controversy cases”. While questions have been raised about whether the situation is now fait accompli, and whether the Court can “turn the clock back” if it wanted to, the …

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CHILDREN RIGHT TO PROTECT THEIR GENETIC DATA

The Supreme Court has held in a judgment that children cannot be mechanically subjected to DNA tests in each and every case between warring parents as a short-cut to establish proof of infidelity. “Genetic information is personal and intimate,” a Bench of Justices V. Ramasubramanian and B.V. Nagarathna observed in …

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INFIDELITY NOT A GROUND TO SEEK PATERNITY TEST

In an important ruling to protect the rights of children whose paternity is questioned in a matrimonial dispute between parents, the Supreme Court has ruled that when husband and wife cohabited together, and no impotency is proved, then the child born from their wedlock is “conclusively presumed to be legitimate”, …

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THE SC ON SEALED COVER JURISPRUDENCE

The Chief Justice of India D.Y. Chandrachud firmly refused the ‘suggestions’ offered by the government in a sealed cover on the formation of a proposed committee to enquire into the Hindenburg report on the Adani Group. This signals the Supreme Court’s acute awareness of how ‘sealed cover jurisprudence’ has begun …

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JUDGES AND THE LURE OF ‘POLITICAL’ JOBS

Within a month of retiring from the Supreme Court of India, Justice S. Abdul Nazeer has been appointed Governor of Andhra Pradesh. Like many others, I believe it is no coincidence that he was a part of the Constitution Bench that decided the Ayodhya Ram Mandir land issue. In the …

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DEMAND FOR SPECIAL CONSTITUTIONAL STATUS -LADAKH

The normally peaceful residents of Ladakh are in agitation mode. They are set to gather in Delhi today to pursue their demand for special constitutional status, which would allow them to decide on a development path that safeguards the region’s fragile ecological and cultural heritage. On January 26, one of …

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POWER HERITAGE BILL

A draft Bill, aimed at protecting India’s geological heritage that includes fossils, sedimentary rocks, natural structures, has raised alarm in India’s geo-sciences and palaeontology community. The Draft Geo-heritage Sites and Geo-relics (Preservation and Maintenance) Bill, 2022, while deemed necessary by several researchers, vests powers entirely in the Geological Survey of …

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COLLEGIUM SYSTEM AND ITS APPOINTMENT

The questionable elevation of advocate L. Victoria Gowri as a judge of the Madras High Court epitomises the problematic nature of the system of judicial appointment. It also portends a government-driven project to take over the Bench through its favourites Earlier, the Union Law Ministry had processed the recommendation concerning …

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