Judiciary
For the longest time, the court did not even hear important matters that the government did not want it to.
Of late, it has begun to form benches. Meanwhile a lot of the damage has been done and continues to be done, asserts Aakar Patel.
Of late, the court has taken up some of these issues but none of them remain decided.
It is important they be kept in the realm of the public domain.
Three of them are about the gutting of Article 370 (where a challenge was filed in August 2019), on Electoral Bonds (filed in September 2017) and on the Citizenship (Amendment) Act (filed December 2019).
by Aakar Patel
31/10/2023
While dealing with a plea filed by a minor rape survivor’s father, for the medical termination of her pregnancy, the Gujarat high court on June 7 said that underage girls in the past would have given birth to at least one child by the time they were 17 years old.
Bar and Bench has reported that a single-judge bench of Justice Samir Dave invoked the Manusmriti, an ancient legal text that has been decried for espousing casteist and misogynist ideas, in making these observations.
https://thewire.in/women/gujarat-high-court-manusmriti-rape-survivor-children-underage-girls
09/06/2023
India’s Feud with Chandrachud Sheyril Agarwal, Joyojeet Pal http://joyojeet.people.si.umich.edu/chandrachud/
April 24 marks 50 years since the Supreme Court delivered its verdict in the landmark Kesavananda Bharati case, ruling that Parliament cannot amend the basic structure of the Constitution. The judgement was delivered on April 24, 1973, by a 13-judge bench of the Supreme Court after a hearing that lasted 66 days.
The verdict that provided a firewall to the constitutional edifice continues to be debated till date. Since late last year, the judiciary and the government have been engaged in a war of words over the basic structure doctrine. The debate has seen remarks by Chief Justice of India DY Chandrachud, Vice President Jagdeep Dhankar and Law Minister Kiren Rijiju.
by Faisal CK
24/04/2023
One of these 11 former judges had once confined his 30-year-old daughter at home to stop her from marrying her boyfriend from a different caste. Another was referred to as an “uncle judge” by the Bar Council because a relative of his worked as an advocate in the same court. Yet another called a Supreme Court justice from the minority community “communal” purely on the basis of his religion. All 11 have worked for the government in various capacities after their retirement.
The open letter by the 21 retired judges raises several pertinent questions. First, do judges have any business quoting Bharatiya traditions while passing judgment, or is their allegiance bound by the Constitution alone? Next, are the former judges only frightened by threats to Bharatiya culture or are they beholden to the government because many of them have or had post-retirement jobs?
12/04/2023
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