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The Supreme Court (SC) recently held that a plain assertion of innocence or a promise to co-operate in the trial by an accused is no ground to grant bail in a case of a serious nature. The SC also said the completion of investigation in a serious offence was not a default ground for bail.
31 December, 2023
Supreme court
Recently, the Supreme Court (SC) pulled up an Advocate-on-Record (AoR) for filing a frivolous case before the court. AORs are a pool of elite Delhi-based lawyers whose legal practice is mostly before the SC but they can appear before other courts too. Need for AORs – A lawyer with special qualifications, picked by the Supreme Court itself, is equipped to appear for a litigant as the SC is a court of the last opportunity for the litigant. AoR is broadly based on the British practice of barristers and solicitors where barristers wear the black gown and wig to argue cases while solicitors…
07 November, 2023
Supreme court
In Context of The Bar Council of India (BCI) recently approved the practise of foreign lawyers and law firms in India. While they can advise clients on International Law and work on corporate transactions, it is done with an exception allowing them to appear in court. About BCI Decision Rules for Registration and Regulation of Foreign Attorneys and Foreign Law Firms in India, 2022, were recently announced by the Bar Council of India (BCI), allowing foreign lawyers and law firms to practise in India. However, it prohibited them from testifying in front of courts, tribunals, or other statutory or regulatory…
29 March, 2023
Supreme court
Appointment of Chief Justice of India (CJI) Justice Dhananjaya Y Chandrachud was recently appointed as India's 50th Chief Justice. He will serve for a period of two years before retiring on November 10, 2024. Regarding Article 124 The procedure for appointing the CJI is not mentioned in the Indian Constitution. The Constitution's Article 124 (1) simply states, "There shall be a Supreme Court of India consisting of a Chief Justice of India." According to Clause (2) of Article 124 of the Constitution, every Supreme Court Judge is appointed by the President. As a result, in the absence of a constitutional…
15 October, 2022
Supreme court
The Collegium System The Collegium System was introduced in response to executive interference in judicial appointments. However, this system has failed to protect judicial appointments from executive interference. It is due to the reasons like Post-retirement appointments of judges. At present, the collegium comprises of CJI (Chief Justice of India) and 4 senior-most judges of the Supreme Court. Despite various criticisms and attempts to reform the appointments and transfers process, the collegium system still persists. Current Scenario The appointments of the judges are formally made by the President of India on the recommendation of the collegium. These proposals are processed…
09 September, 2021
Supreme court
SC's Verdict: People are Free to Choose Religion The Supreme Court refused to entertain a PIL seeking directions to the Centre to ban black magic, superstition, and deceitful religious conversion. What was the case filed? A petition was filed in the Supreme Court seeking to control black magic, superstition & mass religious conversion of SC/STs. The petition also mentions the religious conversions through intimidation, threats & gifts. The plea argued that such forceful religious conversions by use of black magic are common throughout the country. These incidents are against Articles 14 (right to equality), 21(right to life), and 25 (right…
13 April, 2021
Supreme court
NV Ramanna to be the next Chief Justice of India The current Chief Justice of India(CJI) has recommended Justice N.V. Ramana, the senior-most judge of the Supreme Court as the next CJI. About Chief Justice of India(CJI): The Chief Justice of India is the chief judge of the Supreme Court of India. He/she is also the highest-ranking officer of the Indian judiciary. Constitution on appointment of CJI: The Constitution of India does not have any specific provision for criteria and procedures for appointing the CJI. Article 124(1) and the 2008 amendment of the Indian Constitution states that there shall be a…
25 March, 2021
Supreme court
Supreme Court- Demand for a Southern bench by Bar Council Introduction West Bengal Chief Minister Mamata Banerjee asked why India should have only one capital and suggested that there be four. She suggested that Parliament sessions should be held in each of the four capitals in a rotating manner. A plan the nation cannot afford Four capitals would obviously mean having Parliament buildings in three other regions, too. If there are four capitals, accommodation for all the MPs and the adjunct staff will have to be constructed. During Parliament sessions, MPs will descend in droves to the envisaged capitals and…
17 February, 2021
Supreme court
Judicial reforms of India: Bail reforms Discussions on bail reform usually arise when exceptional cases capture public attention. However, bail reform must begin by addressing two key facets of the criminal justice system: judicial discretion and monetary surety bonds. Judicial discretion The power to grant bail is a discretionary power vested in judges and it is meant to be exercised liberally. The Supreme Court has consistently reiterated that “bail is the rule, jail is an exception”. The primary purpose of bail is to ensure the accused person’s compliance with the investigation, and subsequent presentation at the trial if they are…
29 December, 2020
Supreme court
Andhra Pradesh: Executive vs Judiciary What is the issue? Andhra Pradesh CM wrote to the Chief Justice of India alleging that some High Court judges are hostile to his government and are deliberately striking down his regime’s decisions and orders. In effect, he has accused many judges of misconduct, corruption and political bias. Such an open conflict between the judiciary and a Chief Minister is without precedent. In view of the above, the CM urged the CJI to consider initiating steps to ensure that the State’s judicial neutrality was maintained. Constitutional Provisions: The Constitution protects the independence of judges of…
22 December, 2020
Supreme court
HC has virtually taken over executive function: A.P Govt to SC Andhra Pradesh government recently told the Supreme Court that Andhra Pradesh High Court has “virtually taken over the executive functions of the State”. What’s the issue? State government says that the High Court had “seriously violated the doctrine of Separation of Powers”. Besides, in doing so, the High Court has completely ignored the warning that the Supreme Court has, time and again, sounded advising the courts to respect the other co-equal organs of the State and to refrain from assuming such powers to itself. What has the Supreme Court…
27 November, 2020
Supreme court
Impeachment of an SC judge Recently four Supreme Court judges went public with charges against the Chief Justice of India. According to the constitution, a judge of the SC can be removed from his office by an order of the president. The president can issue the removal order only after an address by parliament has been presented to him in the same session for such removal. The address must be supported by a special majority of each house of the parliament (i.e. a majority of the total membership of that house and a majority of not less than 2/3rd of the members…
27 May, 2020
Supreme court
Rights of Minority Institutes, not Absolute Part of: GS-II- Indian polity and SC judgement (PT-MAINS-PERSONALITY TEST) Recently, the Supreme Court of India gave its judgement on the admission criteria of minority institutions. It held that National Eligibility-cum-Entrance Test (NEET) is mandatory for admission to all medical colleges and the right of minority institutions is not absolute and is amenable to regulation. Background: Few colleges challenged the notifications issued by the Medical Council of India (MCI) and the Dental Council of India (DCI) under Sections 10D of the Indian Medical Council Act of 1956 and the Dentists Act of 1948 for uniform entrance examinations. The management of such minority-run medical institutions held that uniformly bringing them…
01 May, 2020
Supreme court
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