Journal articles: 'Supreme Court of India'

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International Labour Law Reports On, Editors. "INDIA: Supreme Court of India." International Labour Law Reports Online 15, no. 1 (1994): 433–577. http://dx.doi.org/10.1163/22116028-90000037.

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International Labour Law Reports On, Editors. "INDIA: Supreme Court of India." International Labour Law Reports Online 15, no. 1 (1994): 579–87. http://dx.doi.org/10.1163/22116028-90000038.

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Bandopadhyay, Bipasha. "WOMEN PROPOSITION IN THE INDIAN JUDICIARY." International Journal of Research -GRANTHAALAYAH 6, no. 8 (August 31, 2018): 114–29. http://dx.doi.org/10.29121/granthaalayah.v6.i8.2018.1405.

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There have been innumerable debates about gender in India over the years. Much of it includes women’s positing in society, their education, health, economic position, gender equality etc. What one can conclude from such discussions is that women have always held a certain paradoxical position in our developing country. The women position in Indian Judiciary has again been a debatable, topic which has henceforth never been into exact numerical representation. The women clan involved into the legal network of benches has been notably less. The women position has been the highest in the Supreme Court of India with ‘Nine’ Judges. The research work includes statistical data with the research of Vidhi legal policy. “The District Courts and the courts below them comprise the ‘lower’ or ‘subordinate’ judiciary. These courts lie under the administrative control of High Courts. Each judicial district in India has one District Court, below which lie civil and criminal courts of original jurisdiction,” the study notes, and finds that 71% judges in the subordinate judiciary across India are male. Motivation/Background: The women position has been the highest in the Supreme Court of India with ‘Nine’ Judges. The women clan involved into the legal network of benches has been notably less. Method: The fundamental protestant of the research are ‘women’, their count in the benches of Indian Judiciary, specifically over the High Courts and the Supreme Court. So what has been the reason behind such a low count of women? What has been the numerical denomination of women benches in High Courts and Supreme Courts over the past years? Results: Women were relegated to the household, and made to submit to the male-dominated patriarchal society, as has always been prevalent in our country. Indian women, who fought as equals with men in the nationalist struggle, were not given that free public space anymore. They became homemakers, and were mainly meant to build a strong home to support their men who were to build the newly independent country. Conclusions: Women were reduced to being second class citizens. The national female literacy rate was an alarmingly low 8.6%. The Gross Enrolment Ratio (GER) for girls was 24.8% at primary level and 4.6% at the upper primary level (in the 11-14 years age group). There existed insoluble social and cultural barriers to education of women and access to organized schooling.

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Neuborne, B. "The Supreme Court of India." International Journal of Constitutional Law 1, no. 3 (July 1, 2003): 476–510. http://dx.doi.org/10.1093/icon/1.3.476.

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Chandra, Aparna, William H. J. Hubbard, and Sital Kalantry. "The Supreme Court of India: A People’s Court?" Indian Law Review 1, no. 2 (May 4, 2017): 145–81. http://dx.doi.org/10.1080/24730580.2017.1405583.

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LEPKOWSKI, WIL. "BHOPAL SETTLEMENT: India challenges its Supreme Court." Chemical & Engineering News 68, no. 4 (January 22, 1990): 4. http://dx.doi.org/10.1021/cen-v068n004.p004.

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Mishra, Sankalp. "Regional Benches of the Supreme Court of India - The Path Ahead." Christ University Law Journal 6, no. 1 (January 1, 2017): 57–74. http://dx.doi.org/10.12728/culj.10.4.

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There is a need for the establishment of regional benches of the Supreme Court. By the analysis of various statistical data, the paper puts forward the urgent need for widening the reach of the Supreme Court and also to rejuvenate and reestablish the tarnishing reputation of the Supreme Court as an ordinary court of appeal. The paper explores the essential reasons for the establishment of benches of Supreme Court that can be broadly divided into three heads namely (i) wide access to justice (ii) Supreme Court reduced to an ordinary court of appeal (iii) litigation as a measure of well-being. The paper also analyses the recommendations laid out in the 95th, 120th, 125th and 229th Law Commission reports and analyses problem in hand, on the basis of analysis and the immediate need for the reform of the judicial system.

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Sivaramakrishnan, K. "Environment, Law, and Democracy in India." Journal of Asian Studies 70, no. 4 (November 2011): 905–28. http://dx.doi.org/10.1017/s0021911811001719.

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Some years ago, in his contribution to a collection of essays on the Supreme Court and the Indian Constitution, Pratap Bhanu Mehta emphasized the political significance of the Court, saying, “there is not a single important issue of political life in India that has not been, by accident or design, profoundly shaped by its interventions … the courts participate and collaborate in governing India” (Mehta 2006, 162). How exactly might this happen? In beginning to explore answers to this question, I want to focus on the formation of a distinct environmental jurisprudence and its relationship to the changing and dynamic qualities of a democratic polity in India. And in formulating my analysis I draw here on my current work on courts and the environment in India or how the environment came to be a legal object in India over the last century.

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Tripathi, Rahul. "JUDICIAL REVIEW: A STUDY IN REFERENCE TO CONTEMPORARY JUDICIAL SYSTEM IN INDIA." International Journal of Research -GRANTHAALAYAH 4, no. 5 (May 31, 2016): 51–55. http://dx.doi.org/10.29121/granthaalayah.v4.i5.2016.2673.

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Judicial review is the process by which the Courts determine whether or not an administrative decision-maker has acted within the power conferred upon him or her by Parliament. That places the question of statutory construction at the heart of the enquiry. The Supreme Court enjoys a position which entrusts it with the power of reviewing the legislative enactments both of Parliament and the State Legislatures. This grants the court a powerful instrument of judicial review under the constitution. Research reveals that the Supreme Court has taken in hand the task of rewriting the Constitution, which is an important aspect in present scenario.

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Krayuchkin, A. D. "The Supreme Court and Legal System of India." MGIMO Review of International Relations, no. 2(17) (April 28, 2011): 245–50. http://dx.doi.org/10.24833/2071-8160-2011-2-17-245-250.

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Shankar, Uday, and Sourya Bandyopadhyay. "Pandemic and PILs: A Study on the Approach of the High Courts in India." Verfassung in Recht und Übersee 54, no. 1 (2021): 55–77. http://dx.doi.org/10.5771/0506-7286-2021-1-55.

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Studies in Public interest Litigation (PIL) in India are predominantly about the Supreme Court's approach in meeting the ends of justice through indigenously evolved jurisdiction. The High Courts as important constitutional bodies are more often than not remain out of detailed discussion. As the High Courts enjoy concurrent jurisdiction with the Supreme Court with regard to PILs, this paper aims to study the pattern of invocation of the jurisdiction at the regional level. It surveys the variety of pleas and consequent action under PIL jurisdiction (or inaction, as the case may be) of different High Courts in India relating to covid crisis and consequential matters. To that end, it undertakes a survey of High Court orders or judgments from April to July, 2020. It seeks to lay bare the extent of demands that are made before the Courts through PIL. What kinds of action were expected from the High Courts during the pandemic? How did different Courts respond to such pleas? Were the directions and level of response homogenous or varied? The paper pursues these questions, and describes the pandemic though the lens of PIL in Indian High Courts. It goes on to argue that the High Courts in India need to take greater cognizance of their orders inter-se especially in PIL matters, as human rights protection through PIL cannot have contradictory voices.

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Singh, Ayush Pratap. "Appointment of Judges in Supreme Court in India: A Review of Collegium System." International Journal of Trend in Scientific Research and Development Volume-2, Issue-5 (August 31, 2018): 946–50. http://dx.doi.org/10.31142/ijtsrd17004.

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SIMONS, Marco, and MacKennan GRAZIANO. "Jam v International Finance Corporation: The US Supreme Court Decision and its Aftermath." Business and Human Rights Journal 5, no. 2 (July 2020): 282–88. http://dx.doi.org/10.1017/bhj.2020.11.

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AbstractA year ago, in Jam v International Finance Corporation, fishing and farming families from rural India achieved a historic US Supreme Court victory over one of the world’s largest financial institutions. The Supreme Court decided that the World Bank Group, and similar international organizations, do not automatically enjoy ‘absolute’ immunity from suit, but instead can be sued under the same circumstances as foreign governments can be sued in United States (US) courts – including suits based on their commercial activities in the US.

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Sen, Samudra. "Indian Judiciary Imprisoned: An Integrated AHP–TOPSIS Approach to Judicial Productivity." Global Business Review 21, no. 2 (May 1, 2018): 586–603. http://dx.doi.org/10.1177/0972150918765319.

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Many countries around the world have a large number of cases pending in their courts for long years. Research has been conducted on the productivity of courts and judicial systems around the world. Different methodologies have been employed in evaluating the productivity of judicial systems. Indian courts are also in a sorry state due to huge backlog of cases pending in courts. However, for India, though there are many papers on the state of judicial system suggesting ways to clear this backlog, there is hardly any research on courts’ productivity. This article addresses this research gap using an integrated analytic hierarchy process (AHP) and technique of order of preference by similarity to ideal solution (TOPSIS) approach in evaluating court productivity in India. Data pertaining to the Supreme Court and the High Courts in India have been evaluated to rank the courts in order of their productivity. Performance of the courts has also been evaluated on the basis of a few established judicial indices. It is revealed that judges’ productivity is directly proportional to the caseload per judge but the same may not be true for court productivity. Further, poor judicial administration also contributes to piling of cases as backlogs.

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Singh, Dharmendra Kumar. "Galvanisation of the Right to Development within the Shared Constitutional Space in India." Asia-Pacific Journal on Human Rights and the Law 19, no. 2 (December 18, 2018): 268–99. http://dx.doi.org/10.1163/15718158-01902006.

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This article accentuates the concept of the right to development (rtd) and focuses on the various facets of rtd as developed by the Supreme Court of India in its multiple pronouncements since the advent of the last decade of the 20th century. The apex court, through a conjoint reading of various aspects provided in the Constitution’s Preamble, Fundamental Rights, Directive Principles and Fundamental Duties with the Declaration on rtd has interpreted various cases that have opened new horizons of curative developmental jurisprudence in India. The main aim of this study is to capture the various trends and directions of discourse on rtd and explore the constitutional space for rtd in India. This article also evaluates the impact that Declaration of rtd has had on the Supreme Court of India and to what extent has the Supreme Court of India galvanised rtd to provide remedies to millions of Indians. The article emphasises the holistic view taken by the Supreme Court in matters of private rights versus the developmental rights of millions. Another significant aspect of rtd that has been emphasised in this article is the conflict between human rights of the marginalised group with the burgeoning rtd. The discourse on economic growth and rtd within the constitutional space will remain in the heart of politicians, social scientists and the populace in the coming years.

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Farnelli, Gian Maria. "Back to Lotus? A Recent Decision by the Supreme Court of India on an Incident of Navigation in the Contiguous Zone." International Community Law Review 16, no. 1 (February 3, 2014): 106–22. http://dx.doi.org/10.1163/18719732-12341272.

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Abstract This article stems from a recent decision of the Indian Supreme Court concerning whether the criminal courts of the Indian State of Kerala have jurisdiction over two Italian marines accused of killing two Indian fishermen. The analysis is critical of the Court’s reasoning and findings over the two main defences raised by the accused: namely, the lack of jurisdiction of the coastal state on the basis of the law of the sea and in relation to the customary rule on the jurisdictional immunity of military personnel for acts carried out in their line of duty. Finally, this study also critically examines the operational decision of the Indian Supreme Court in providing for the establishment of a specific domestic court deemed competent to entertain its jurisdiction over the cause in view of its international nature.

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Dhaka, Rajvir S. "The Information Commissions in India: A Jurisprudential Explication of Their Powers and Functions." Indian Journal of Public Administration 64, no. 4 (August 13, 2018): 703–16. http://dx.doi.org/10.1177/0019556118788481.

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The Right to Information (RTI) Act, 2005, provides for the Constitution of the State Information Commissions (SICs) and the Central Information Commission (CICs) for acting as the final appellate authorities. These Information Commissions have been entrusted with statutory powers while hearing complaints and appeals. These Commissions also enjoy the power to impose penalty and to recommend disciplinary action against the public information officers. Besides, there prevails large-scale confusion in them regarding the contents of Sections 18–20. This has culminated in adverse comments on their decisions by the Supreme Court (SC) and the High Courts (HC). An attempt is being made in this article to evaluate the functioning of these commissions and also about the interpretations given by various High Courts (HCs) and the Supreme Court (SC) about the Constitution, transaction of business and powers of the Information Commissions.

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Chandrachud, Abhinav. "Wednesbury Reformulated: Proportionality and the Supreme Court of India." Oxford University Commonwealth Law Journal 13, no. 1 (September 30, 2013): 191–208. http://dx.doi.org/10.5235/14729342.13.1.191.

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Elfenbein, Caleb. "Contingency in the Age of Religion: The Hajj and Religion-Making in Colonial and Postcolonial India." Method & Theory in the Study of Religion 27, no. 3 (August 25, 2015): 247–77. http://dx.doi.org/10.1163/15700682-12341342.

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InUnion of India v. Bhikan(2012), the Indian Supreme Court ruled that government hajj subsidies violated the Indian Constitution’s secular principles. What is notable about this decision is that the Supreme Court based the ruling on its own interpretation of the Qur’an, privileging direct access to scripture over historically established practices surrounding the pilgrimage in discerning what “Islam says” about the state’s proper role in the hajj. Archival and legal research shows thatUnion of India v. Bhikanis merely the latest moment in over a century of colonial and postcolonial debates about pilgrimage management. This article employs the theoretical and methodological insights of Jonathan Z. Smith and Talal Asad to explore this history and its effects, using the matter of hajj administration to identify the concrete implications of different methods of “religion-making,” or the construction of religion as an object for consideration and regulation, in the public sphere.

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Ram Mohan, M. P., and Shashi Kant Yadav. "The Oil and Gas Sector in India: Balancing Business Policies and Public Interest by the Supreme Court of India." Global Energy Law and Sustainability 2, no. 1 (February 2021): 1–21. http://dx.doi.org/10.3366/gels.2021.0045.

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Indian authorities have formulated and implemented several policies for exploration, production, refining, transportation, and distribution of its Oil & Gas (O&G) resources. With respect to governance of O&G industry, though, the Indian Constitution envisions larger role of Central government, however, the legislative power, over O&G resources, has been in contention between Centre and States over the past seven decades. Moreover, the legislative power of the central government over O&G resources is subject to ‘public interest’ ensuring that the resources are regulated for common good. The interaction between business policies and public interest, and law-making power between Centre and States have been subject to the Supreme Court's (Court's) review covering the constitutional aspects of O&G sector. These constitutional decisions determined the energy progression in India, especially understanding the ‘shape and form’ of energy justice in India. The paper analyses the role of the Supreme Court of India in balancing public interest and business policies through mapping of all the constitutional cases and also important administrative matters, consecutively laying down the foundation of distributive energy justice in India.

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Forsyth, Christopher. "Human Rights in India: Historical, Social and Political Perspectives. Edited by Chiranjivi J. Nirmal. [New Delhi: Oxford University Press. 1999. xxxvi, 269, (Bibliography) 18, (Annexures) 34, and (Index) 6 pp. Hardback £12.99 net. ISBN 1–972–87055–4.] Datar on Constitution of India. By Arvind P. Datar. [Nagpur: Wadhwa & Co. 2001. cxxxiii, 1401, (Appendices) 180, and (Index) 92 pp. Hardback £75.00 net. ISBN 0–19–564597–9.]." Cambridge Law Journal 61, no. 2 (June 24, 2002): 463–92. http://dx.doi.org/10.1017/s0008197302461697.

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The Constitution of India is a mammoth instrument—the largest Constitution in the world—with 395 articles, 12 Schedules and 83 amendments. Accounts of the constitutional law of India are thus inevitably very large. The late H.M. Seervai’s multi-volume Constitution of India (4th edn., 1993) is well known and rightly described as “monumental”. But now a new work is making its presence felt. Arvind Datar originally intended to write no more than a Student’s Edition of Seervai. But Seervai refused permission for this project, taking the view, probably with justice, that his work could not be summarised. So Datar decided to write an article by article commentary of the Constitution and Datar on Constitution of India is the result. The resulting book is monumental in its own right. It deals exhaustively with each of the articles of the constitution. The author makes it plain that he could have written a much longer book in that he refers only to decisions of the Supreme Court of India. Only where the Supreme Court has been silent does he refer to relevant decisions of the several state High Courts. None the less, his approach is commendably comparative. The Constitution of the United States is often referred to (and it is in fact reproduced in an appendix) as are decisions of the US Supreme Court. But the work as a whole shows that “Not the Potomac, but the Thames, fertilises the flow of the Yamuna” (Krishna Iyer J. in Samsher Singh v. Union of India AIR 1974 SC 2192 at 2212 cited by Datar on p. 396).

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Bhatia, Gautam. "Case Comment: Navtej Singh Johar v. Union of India: The Indian Supreme Court’s Decriminalization of Same-Sex Relations." Max Planck Yearbook of United Nations Law Online 22, no. 1 (October 7, 2019): 218–33. http://dx.doi.org/10.1163/18757413_022001010.

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The Indian Supreme Court’s judgment in Navtej Singh Johar, delivered in September 2018, decriminalizing same-sex relations in India, generated a storm of discussion and debate, in both India and in the world beyond. Apart from its clear and sharp verdict that held that the Indian Constitution protected the rights of the LGBTQ+ community, the decision was also noteworthy because it reversed the Court’s own prior judgment, delivered a mere five years before (in 2013), that had upheld the constitutional validity of the law that penalized same-sex relations. In this case comment, we set out the chronology of judicial decisions that led to the final judgment in Navtej Singh Johar: the judgment of the High Court of Delhi in 2009, which first decriminalized same-sex relations, the 2013 judgment of the Indian Supreme Court that reversed it, and the various judicial proceedings that continued to rumble on in the Court—an additional round known as the ‘curative hearing’, and separate litigation on the constitutional status of the right to privacy. Within this context, the paper then discusses the multiple opinions that were delivered by the Bench in Navtej Singh Johar, and examines the reasons on the basis of which the Court held that Section 377 of the Indian Penal Code—insofar as it criminalized same-sex relations between consenting adults—violated the fundamental rights to equality, nondiscrimination, freedom of expression, and life and personal liberty, guaranteed by the Constitution of India. The article will conclude by setting out some possibilities for the way forward, in light of the judgment.

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Biswas, Subrata. "‘Using’ Crisis of Governance as an Opportunity for ‘Re-invention’: Why the Supreme Court of India Took To Hearing Public Interest Litigations—A Case Study." Asian Journal of Legal Education 7, no. 2 (July 2020): 215–23. http://dx.doi.org/10.1177/2322005820933090.

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What do the different State organs do when they face a crisis? Do the suffering institutions successfully re-invent themselves or is it that some other institution uses the crisis to find an ‘opportunity’ to re-invent itself? Can one’s crisis be another’s opportunity? This case-study analyses how the Supreme Court of India (hereinafter SCI) reinvented itself in a bid to further the cause of good governance in the country ever since emergency had been clamped on the nation towards the end of 1970s. Surely there has been a crisis of governance in India, caused by the pathetic performance of both the legislature and the executive. It has led to myriad problems in both social and political arenas. If left unaddressed, Indian people might have turned more violent than they already are and that could have perpetrated a failure of democracy in the country. But the SCI has successfully played a positive role in this regard. If the other institutions have failed the people, the Supreme Court has championed their cause. The world’s largest democracy stands saved until now. But is it wholly the judges’ heartfelt concern for the people that has prompted the Supreme Court to function in this fashion? Did anything go wrong during the emergency? Why is it that it has been more and more active ever since the emergency ended? And why is it that there has been an exponential growth in public interest litigations (hereinafter PILs) in the Supreme Court even though it cannot handle so many cases because of infrastructural paucities? Situating itself in the specific context of PILs entertained by the SCI and supporting it with the theoretical inputs of the so-called ‘principal-agent framework’, this essay argues that there has been a competition (i.e., between the court and the elected politicians) for ‘occupying’ more space in the domain of governance since the inception of the Constitution and it is only the Supreme Court that got the right ‘opportunity’ to achieve its objective in the wake of crisis in governance that became so visible in Indian politics ever since the fag-end of the 1970s. While the court tried other instruments earlier in its game plan vis-a-vis the elected politicians, the crisis situation since the end of the 1970s made it ‘invent’ a new tool in the form of PILs capable of safeguarding the interests of the people and insulating them against the mindless functioning of multiple state agencies. But how far can the SCI (hereinafter SCI) proceed with this new tool? Is there a risk of ‘overusing’ it? Does the court not have its own limitations in this regard, too? What should the Supreme Court do in order to avert a fresh ‘crisis’?

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Srivastava, Medha. "George H. Gadbois, Jr.: Supreme Court of India, The Beginnings." Verfassung in Recht und Übersee 51, no. 3 (2018): 396–400. http://dx.doi.org/10.5771/0506-7286-2018-3-396.

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Kirby, Michael. "Centenary of HM Seervai – Doyen of Indian constitutional law – an Australian appreciation." Legal Studies 27, no. 3 (September 2007): 361–78. http://dx.doi.org/10.1111/j.1748-121x.2007.00060.x.

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For much of the second half of the twentieth century, HM Seervai was a leading advocate of the Bombay High Court. He argued some of the most important constitutional cases decided by the Supreme Court of India and eventually resolved in 1970 to write his Constitutional Law of India. It became the leading text on Indian constitutional law. It is still in widespread use. Many instances of recent citations are quoted. But it is not the usual commentary on the text of the Indian constitutional and case law. Instead, the book contains a running discussion on the shifts in direction as well as sharp criticisms where Seervai felt that the courts had strayed from correct constitutional doctrine. Seervai died in 1996 as the fourth edition was just completed. In this paper, originally given as a lecture in Mumbai in 2007 on the centenary of Seervai’s birth, the author questions Seervai’s testamentary prohibition on posthumous editions of his text. He urges that a new edition should be produced to keep Seervai’s legacy alive not only in India but in other constitutional democracies where Indian judicial authority is increasingly cited.

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Apparao, Hansa. "International Adoption of Children: The Indian Scene." International Journal of Behavioral Development 20, no. 1 (January 1997): 3–16. http://dx.doi.org/10.1080/016502597385405.

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The paper traces the history of international adoption of Indian children, against the background of the unique legal situation that governs the adoption matters in India. It describes the evolution of current policy and procedures on adoption, following the Indian Supreme Court ruling in 1984. A review of adoption in the preceding three decades highlights the dynamics of policies, practices, and trends in adoption of boys and girls in domestic and foreign adoptive homes. This gives an insight into the future prospects for adoption in India.

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LEPKOWSKI, WIL. "Bhopal Litigation Reaches Indian Supreme Court." Chemical & Engineering News 66, no. 48 (November 28, 1988): 7–11. http://dx.doi.org/10.1021/cen-v066n048.p007.

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Kumar, Sanjay. "Indian Supreme Court upholds patients' rights." Lancet 346, no. 8987 (November 1995): 1418. http://dx.doi.org/10.1016/s0140-6736(95)92421-3.

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de Souza, Siddharth Peter, and Aayush Agarwala. "The Need for ‘Nudges’ by the Supreme Court of India: The Case of the Appointment and Removal of the Governors in India." Indian Journal of Public Administration 65, no. 2 (June 2019): 390–408. http://dx.doi.org/10.1177/0019556119844596.

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Recent instances of improper exercise of discretion by governors of Indian states have once again underscored the need for a critical appraisal of the manner in which such governors are appointed and removed under the Indian Constitution. The gulf between what the role of a governor was envisaged to be by the Constituent Assembly and what has actually played out in reality is a matter of grave concern. It would not be wise for us to expect the legislature to provide any solution to this problem, since the prevailing scenario plays to the advantage of whichever party holds the reins at the Centre. The judgement of the Supreme Court of India in the B. P. Singhal case made some important interventions as far as this vexed issue is concerned. However, the much-needed panacea to the ills of the process of appointment and removal of governors is still eagerly awaited. In this article, we recommend that the Supreme Court of India adopts a more contextualised approach to solving this intractable problem and considers adopting the ‘nudge theory’ to provide a framework to encourage important actors in this context to take more responsible and fair decisions in order to protect and preserve the democratic structures.

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Muthu Kumar, B. "Determining the Bench Size for Constitutional Adjudication." Christ University Law Journal 5, no. 1 (January 30, 2016): 1–18. http://dx.doi.org/10.12728/culj.8.1.

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The Supreme Court of India acts as a Constitutional Court as well as the highest appellate court. The Constitution imposes mandatory minimum requirements for the strength of the Bench for constitutional adjudication. The apex Court has been criticized for constituting fewer number of Constitution benches, and for delaying the disposal of constitutional matters. Many Constitutional questions are being decided upon by Division benches or Constitutional benches, consisting of merely three members, due to prolific appeals in the Supreme Court. The researcher aims to analyze the question ‘whether the size of the Bench matters for constitutional adjudication?’ The article in the light of Constitutional provisions and the Supreme Court Rules, focuses on the impact of small and large benches, particularly in the highest Court of the land, where constitutional questions are decided upon. The Kesavananda Bharati case has been employed to examine the pros and cons of a large Bench, and the recent NJAC case is analyzed to bring out the problems of a smaller Bench, in overruling the decision of a larger Bench. The researcher therefore, attempts to answer the * Assistant Professor, SRM School of Law, SRM University, Kattankulathur, Tamil Nadu, India; muthukumarml@gmail.com question whether a minimum required strength of the Bench in constitutional adjudication is required for the organic development of constitutional jurisprudence in our country.

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Guruswamy, Menaka. "Justice K.S. Puttaswamy (Ret'd) and Anr v. Union of India and Ors." American Journal of International Law 111, no. 4 (October 2017): 994–1000. http://dx.doi.org/10.1017/ajil.2017.92.

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On August 24, 2017, the Supreme Court of India issued a rare, unanimous nine-judge decision holding that the right to privacy is protected by the Constitution of India. The case is all the more noteworthy because the Court reversed its prior decisions holding that the right to privacy was not protected by the country's Constitution. It arose out of the government's creation of a national database of biometric and demographic information for every Indian. Rejecting the government's arguments, the Court found that the right to privacy applies across the gamut of “fundamental” rights including equality, dignity (Article 14), speech, expression (Article 19), life, and liberty (Article 21). The six separate and concurring judgments in Justice K.S. Puttaswamy (Ret'd) and Anr v. Union of India and Ors are trailblazing for their commitment to privacy as a fundamental freedom and for the judges’ use of foreign law across jurisdictions and spanning centuries.

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Hu, Shengkuo, and Courtenay R. Conrad. "Monitoring via the Courts: Judicial Oversight and Police Violence in India." International Studies Quarterly 64, no. 3 (June 24, 2020): 699–709. http://dx.doi.org/10.1093/isq/sqaa039.

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Abstract Can the creation of court-mandated accountability institutions improve human rights? In this article, we investigate the extent to which court-ordered accountability institutions decrease government repression in the form of police violence. We argue that the creation of regional bodies to which citizens report allegations of police abuse provides “fire-alarm” oversight by which police officers can be monitored for abuses of power. To test the implications of our theory, we take advantage of variance in the implementation of Prakash Singh and Others v. Union of India and Others, a 2006 judgment by the Supreme Court of India requiring states and districts to establish local Police Complaints Authorities (PCAs). Using a difference-in-difference design, we show the implementation of state PCAs to be associated with statistically and substantively significant decreases in human rights violations by Indian police officers.

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Subrahmanyam, Bhattaram Visweswara. "Jacob Mathew v. State of Punjab, the judgment stipulates the guidelines to be followed before launching a prosecution against a doctor for negligence." Journal of Neurosciences in Rural Practice 04, no. 01 (January 2013): 99–100. http://dx.doi.org/10.4103/0976-3147.105639.

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ABSTRACTIn a landmark judgment, the supreme court of India laid down guidelines in cases of alleged negligence against medical practitioners in India. It clearly stated that there is a need for protecting doctors from frivolous or unjust prosecution.

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Jassal, Nirvikar, and Pradeep Chhibber. "India in 2018." Asian Survey 59, no. 1 (January 2019): 85–97. http://dx.doi.org/10.1525/as.2019.59.1.85.

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Like the previous year, 2018 was marked by a series of vigilante attacks and gruesome acts of violence against women. The Supreme Court passed important gender-related progressive judgements, yet the institution and other public bodies witnessed unprecedented infighting, scandal, and politicization. The Indian economy showed increased growth. The year witnessed the first major electoral setback since 2014 for the ruling Bharatiya Janata Party, and foreshadowed what will likely be a hotly contested general election in 2019.

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Guha, Ayan. "Recent debate on landmark anti-caste legislation in India." International Journal of Discrimination and the Law 19, no. 1 (December 20, 2018): 48–63. http://dx.doi.org/10.1177/1358229118814467.

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The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was enacted to prevent atrocities against the Scheduled Castes (SCs) and Scheduled Tribes (STs). It prescribed penalties that are more stringent than the corresponding offences under the Indian Penal Code and other laws. Despite flaws in implementation, this Act has provided the SCs and STs with some sense of security. But it is often alleged that this law is frequently misused. A recent Supreme Court order has attempted to introduce some procedural safeguards to curb the misuse of this Act. But many, particularly the Dalit groups, believe that in doing so the Supreme Court has ended up diluting this landmark legislation. In this context, this article analyses the recent judicial pronouncement and presents the arguments for and against it.

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Anuradha Singh. "Judicial Pronouncement on Women Crime Victims in India: A Critical Study." Research Inspiration: An International Multidisciplinary e-Journal 6, no. II (March 30, 2021): 8–12. http://dx.doi.org/10.53724/inspiration/v6n2.03.

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In India the Constitution makers were aware of the discrimination women faced in the society. Preamble is the soul of the Constitution it provides equality of status and opportunities to women. Judiciary reflected it’s mind through judgment. In series of judgments Judiciary have categorically stated there is discrimination prevailing and the women are facing bias and prejudice in the society. Supreme Court of India struck down the discriminatory policies and attitude of society in the series of judgments and also directed the legislature to form laws to protect women. It is the Vishakha guidelines which led to The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Supreme Court states it is the duty of the government to protect the life and dignity No individual or group has the right to interfere in a consensual and legal relationship between two adults the court opined in Nitish Katara Case. The Central government stated before the court it was consulting with states to draft a law against honour killings.

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Sarkar, Santanu. "How independent is India’s labour law framework from the state’s changing economic policies?" Economic and Labour Relations Review 30, no. 3 (July 25, 2019): 422–40. http://dx.doi.org/10.1177/1035304619863550.

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Judicial interpretation of statute law in common-law countries means that the judiciary may mediate the social impact of legislation. In the case of the protection of labour rights in India, this article examines the extent to which the judiciary acts independently from the government of the day, and the extent to which court judgements are swayed by prevailing administrative policies. Specifically, to what extent have economic liberalisation and labour market flexibility policies influenced court decisions in cases challenging worker dismissals? Drawing on a review of 270 judgements delivered by the Supreme Court of India and the state High Courts between 1950 and 2010, a relationship is traced between a shifting pattern of Courts’ judgements and policy changes initiated by the Indian government in response to economic conditions. The objective of the study is to understand the effect of a structural shift in the economy on the cases of consented and contested decrees related to dismissal of workers under the relevant laws in India. It is found that the specific statute has not greatly changed through legal reforms, but the judiciary’s interpretations of it have changed over six decades based on dominant socio-political currents, in tune with government economic policies. This raises profound questions about judicial independence in defence of labour rights. JEL Code: K31

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Mehta, Megha Hemant. "Is There Such a Thing as “Future Dangerousness”? Examining Capital Sentencing Jurisprudence in India After Anil Anthony." New Criminal Law Review 22, no. 2 (2019): 200–222. http://dx.doi.org/10.1525/nclr.2019.22.2.200.

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The Supreme Court of India in Bachan Singh v. State of Punjab, listed “future dangerousness” of the accused as one of the factors the court must consider when awarding the death sentence. The burden of proof lies on the State to prove the same. This standard has been inconsistently applied in Indian capital sentencing jurisprudence. In Anil Anthony, the most recent decision on this issue, the Supreme Court held that determination of future dangerousness cannot be based on the facts of the case. However, in earlier decisions such as Gurdev Singh, the court concluded that the brutality of the crime ruled out the possibility of reform. This article argues, drawing on a comparative analysis with the United States, that though future dangerousness is an inevitable “fact in issue” for judges, the evidence that may be adduced does not meet the standards required for the imposition of the death penalty. Thus, future dangerousness as a determining factor during sentencing is a ground for challenging the constitutionality of the death penalty itself. In the interim, Anil Anthony is a better standard to apply, as compared to both Bachan Singh and Gurdev Singh, in principle as well as in practice.

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Niharika, Choudhary, and Singh Divyansh. "Practise & Belief of Santhara: Right to Die." Christ University Law Journal 5, no. 1 (January 30, 2016): 49–62. http://dx.doi.org/10.12728/culj.8.4.

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The article seeks to assert that the ritual of Santhara practiced by the followers of Jainism is not a suicide and discerns from the view of the Rajasthan High Court. The authors have used various sources on Santhara for research work and have analysed various case laws on right to die with dignity. At the outset, the article discusses the eminence of Santhara in Jainism. Further, it discusses the foundation of the ‘essential practice’ doctrine through various landmark judgements. The Rajasthan High Court has erred in holding that Santhara is not an essential practice in Jainism, when the same has been proved by Jain ascetics and religious denominations. The High Court ruling also contravenes the Supreme Court judgment, which holds that the right to life includes the right to a dignified life up to the point of death and would also encompass a dignified procedure for death. The article attributes the raison-d'être of the court, to the western perspective, overlooking the religious diversity of the Indian subcontinent and the various practices associated with different religions. Lastly, the article concludes that the Supreme Court needs * Third Year, BBA LLB, National Law University, Jodhpur, India; niharikac1120@gmail.com  Third Year, BSc LLB, National Law University, Jodhpur, India; divyansh402@gmail.com to lay emphasis on the difference between essentially religious and secular practices and re-affirm the right of religious freedom.

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International Labour Law Reports On, Editors. "INDIA: Supreme Court of India Balwant Rai Saluja and Anr v. Air India Ltd. & Ors." International Labour Law Reports Online 35, no. 1 (November 21, 2017): 207–16. http://dx.doi.org/10.1163/22116028-90000126.

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Endicott, Timothy. "Arbitrariness." Canadian Journal of Law & Jurisprudence 27, no. 1 (January 2014): 49–71. http://dx.doi.org/10.1017/s0841820900006226.

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In order to identify the form of arbitrariness that is relevant to the rule of law, I discuss a Supreme Court of India decision and a Supreme Court of Canada decision in which judges held that other public authorities had acted arbitrarily. I also discuss Jeremy Bentham’s work on the rule of law, and his notion that the interpretive power of judges is itself an arbitrary power. I argue that the interpretive role of judges is not necessarily hostile to the rule of law, but that there is a standing tension between that interpretive role, and the rule of law. In the two decisions under discussion, the Canadian and Indian judges used their doctrines of arbitrariness to reallocate power to themselves, without any resulting enhancement in the rule of law.

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Singh, Dr Dharmendra Kumar, and Dr Amit Singh. "Consultative Jurisdiction of Supreme Court of India: Assessment and Critical Analysis." IOSR Journal of Humanities and Social Science 22, no. 06 (June 2017): 43–48. http://dx.doi.org/10.9790/0837-2206134348.

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Kinge, D. P. "The Supreme Court of India on the protection of incremental inventions." Journal of Intellectual Property Law & Practice 8, no. 8 (July 24, 2013): 581–83. http://dx.doi.org/10.1093/jiplp/jpt103.

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Mendelsohn, Oliver. "The Supreme Court as the most trusted public institution in India." South Asia: Journal of South Asian Studies 23, sup1 (January 2000): 103–19. http://dx.doi.org/10.1080/00856400008723402.

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Banerjee, S. "Keeping it simple!!! Supreme Court of India streamlines patent revocation procedures." Journal of Intellectual Property Law & Practice 9, no. 10 (September 15, 2014): 786–87. http://dx.doi.org/10.1093/jiplp/jpu140.

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Ashok, Krithika. "Disinclined to dissent? A study of the Supreme Court of India." Indian Law Review 1, no. 1 (January 2, 2017): 7–35. http://dx.doi.org/10.1080/24730580.2017.1347750.

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Solomon, Ekokoi. "THE NIGERIAN SUPREME COURT AND THE POLITICAL QUESTION DOCTRINE." Denning Law Journal 31, no. 1 (January 3, 2020): 123–45. http://dx.doi.org/10.5750/dlj.v31i1.1711.

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This paper examines the attitude of the Supreme Court of Nigeria towards the political question doctrine. It interrogates the decisions of the Court in selected landmark cases involving political questions since the First Republic to the Fourth Republic which commenced in 1999. The paper identifies three core approaches espoused by the Court in cases involving political questions – the deference approach, the necessity approach and the avoidance approach. This paper argues that in a constitutional democracy, it is inevitable – considering that the Court is both a political and a legal institution – that the Court, like in other jurisdictions such as Germany, India, South Africa and the United States, will be called upon to adjudicate cases involving political questions. As such, the paper recommends that the Court openly asserts the ‘politicality’ of its decisions, whether they are predicated on the need to defer to the political branches, exigency/necessity or to avoid the political questions brought before it.

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Chatterjee, Sheshadri. "Is data privacy a fundamental right in India?" International Journal of Law and Management 61, no. 1 (February 11, 2019): 170–90. http://dx.doi.org/10.1108/ijlma-01-2018-0013.

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Purpose The purpose of this study is to identify how the privacy policy can be framed for protection of personal data and how the latest judgement of full bench of Supreme Court of India has dealt with right to privacy in India. Design/methodology/approach The study uses the latest Supreme Court judgement on right to privacy and historical cases on right to privacy in India. This paper uses Indian Constitution as a source of Information for study along with case laws and judgements of different courts in India. Findings This paper tries to find if personal data privacy is a fundamental right in India. In addition, the paper provides recommendations to different concerned authorities on protecting personal information in online platform. Research limitations/implications This study deals with privacy issues so far as Indian citizens are concerns and does not focus on other countries. Moreover, the study tries to understand the issue of fundamental rights from Indian Constitution perspective. In addition, the recommendations provided to the policymakers and other authorities of India have wide implications for formulation of new policy and management of personal data, so that it should not go to wrong hands and the personal data and privacy is protected of the citizens. Practical implications Millions of people put their personal information in online platform. In addition, there are few government initiatives in India such as Aadhaar card where the biometric information is taken from the residents of India, and in many cases, the personal data are compromised under various circumstances. As the personal data of the citizens are in question, thus the study has direct practical implication mainly for all the citizens whose personal data are available in online platform. Social implications This study has social implication as it dealt with the “personal data” of the citizens of India. As the paper discusses the issue of protection of personal data in the context of right to privacy, thus this study has a direct social impact so far as online citizen of India is concerned. Originality/value This paper is timely, original and discusses the contemporary issue of online data privacy and fundamental right in India. This paper is a useful resource for the researchers, policymakers and online users who deal with personal data-, right to privacy and data privacy policy-related areas.

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Mukherjee, Gaurav. "The Supreme Court of India and the Inter-Institutional Dynamics of Legislated Social Rights." Verfassung in Recht und Übersee 53, no. 4 (2020): 411–37. http://dx.doi.org/10.5771/0506-7286-2020-4-411.

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The jurisprudence of the Supreme Court of India is generally celebrated in the academic literature for its creative use of constitutional interpretation to read in certain socioeconomic rights into the ‘right to life’ provision despite their textual absence from the Constitution. However, this line of case law made the obtainment of a judicial remedy highly conditional upon an extant scheme or law, was necessarily piecemeal, deferent to the executive, and incapable of fixing precise accountability upon a violation or addressing issues of systemic material insufficiency. Much of this had to do with the absence of a rights-based legislative framework. The enactment of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREGA) and the National Food Security Act, 2013 (NFSA) presented major developments in the livelihood and food security regimes in India, and a leap forward for legislated social rights. These legislations consolidated, expanded and entrenched a number of existing rights which had come into being through judicial decisions. In this paper, I examine the antecedents of social rights in India, and show the afterlife of disagreements over appropriateness, practicality and affordability, which resulted in the adoption of the Directive Principles of State Policy (DPSP) in the Indian Constituent Assembly, persist in legislative design and judicial reasoning. In this paper, I analyse judicial treatment of these laws and propose a novel theoretical framework for better understanding them. The theoretical framework has discursively antagonistic and discursively catalytic components, and sheds light on the inter-branch institutional dynamic which arises when NFSA and MGNREGA based public interest litigation (PIL) is activated. I suggest that such PIL and the kinds of complex, dialogic remedies which result from them have effects in the political, legal, and social fields. These remedies result in a form of hybridized politico-legal accountability that enables the Supreme Court of India to safeguard its institutional capital, while also being able to better engage with concerns such as polycentricity, democratic legitimacy, lack of expertise, federalism, and the separation of powers.

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ALLEN, Tom. "The Revival of the Right to Property in India." Asian Journal of Comparative Law 10, no. 1 (July 2015): 23–52. http://dx.doi.org/10.1017/asjcl.2015.4.

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AbstractOver the last six decades, the Supreme Court of India has created and re-created a right to property from very weak textual sources, despite constitutional declarations calling for social revolution, numerous amendments to reverse key judgments, and even, in 1978, the repeal of the core constitutional provisions guaranteeing a right to property. This article challenges the usual account of these developments. The primary contention is that the 1978 repeal is much less significant than it appears, due to the Court’s creative interpretation of other constitutional provisions. The Supreme Court has consistently advanced liberal models of constitutionalism and property, despite the influence of other models on the original constitutional design and later amendments. This article also examines whether the Court’s liberalism is compatible with the egalitarian values of theConstitution, and how its position will affect attempts to address social issues relating to the distribution of property in India.

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Journal articles on the topic 'Supreme Court of India'

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