Recently, Central Home Minister has written to all States, for conducting detailed study and suggesting reforms in the criminal justice system to make Indian criminal laws more people friendly. Criminal Justice System in India Criminal Justice System refers to the agencies of government charged with enforcing law, adjudicating crime, and correcting criminal conduct. The criminal… Continue reading A Road Map for Criminal Justice System
Context The United Kingdom Supreme Court in its judgment has decided that the prorogation of parliament by the Queen of England, acting on the advice of the Privy Council, was unlawful on the grounds of parliamentary sovereignty and democratic accountability. By doing so, the U.K. Supreme Court asserted its majesty in the constitutional framework and… Continue reading A test for judicial review in India
The collegium system The collegium system for appointment of judges to higher judiciary only came into existence following the Supreme Court’s judgment in what is known as the Second Judges Case (1993). Constituent assembly gave a central role to the Judiciary: These issues concerning the system employed to appoint judges to the Supreme Court and… Continue reading The collegium system
Context According to the Economic Survey 2018-19 There are about 3.5 crore cases pending in the judicial system, especially in district and subordinate courts. About 87.54 per cent of the total pendency of cases is in the district and subordinate courts. More than 64% of all cases are pending for more than 1 year. The average disposal time for civil and… Continue reading Judicial Pendency: “Justice Delayed”
The justice system is caught in a tussle between the committee of Supreme Court justices and the government over who has the final say on appointing judges. India’s 24 high courts should have 1091 judges. However, as many as 470 positions are vacant. Many are not happy with the present collegium system. The two decade… Continue reading Judiciary Vs Executive – Judicial Appointments
One of the landmark legislations of the country which actually transformed the nature of governance in the country and brought in transparency and accountability is the Right to Information Act passed in 2005. This Act mandates timely response to the request of citizens for government information. However, there are still certain areas where RTI should… Continue reading Judicial Appointments and RTI: Should It Be Allowed?
In a recent confrontation between the Centre and the judiciary, the Chief Justice of India T.S. Thakur criticized the actions of the Centre over the matter of appointments of judges in the higher judiciary and for trying to bring the entire judiciary to a grinding halt. After the NJAC law was struck down by the… Continue reading Judicial Appointments: Why Is It Still Eluding Solutions?
Summary: Judiciary, in recent years, is increasingly being criticized for actively encroaching on the powers of legislative and executive authorities. “The judiciary has appropriated for itself a role far beyond its primary duties of dispensing justice and interpreting laws”, claim few parliamentarians. Few experts also claim, “step by step, brick by brick, the edifice of… Continue reading The judiciary is shifting the balance of power
The Supreme Court has raised concerns over two issues in the draft Memorandum of Procedure (MoP) for appointment of judges including the one relating to government’s right to reject a recommendation on concerns of national interest. Other clauses include clauses on the role of the Attorney-General of India in the appointment of Supreme Court judges… Continue reading SC sends back draft on judges’ appointment
Article Link Summary: The Supreme Court of India, as the highest court of the land, has a sacrosanct function to ensure that the country is governed adhering to the principles of the rule of law. It has evolved remarkably well, steering the country through thick and thin. It also has had a tremendous contribution to… Continue reading Diffusing the judicial burden