Keeping Pace with Legal Change
The Bar Council of Punjab and Haryana has issued notices to 16 lawyers—including some senior advocates—for allegedly “bench hunting,” or trying to get cases heard by judges they think will rule in their favour.
This all ties back to a high-profile corruption case involving Gurugram realtor Roop Bansal and former CBI judge Sudhir Parmar, where lawyers are accused of manipulating which judge would hear the case.
The Price of Phantom Votes: How Alleged Fake Voters Threaten India’s Democratic Promise Recently, Rahul Gandhi has loudly and clearly…
The Supreme Court is distressed by the delays and lack of performance of High Court judges. In light of the recent complaints about unscheduled breaks and the fact some judges had not delivered verdicts that had previously been reserved, the Supreme Court believes some form of a performance audit is necessary to find out whether High Court judges are producing an output consistent with public expenditure. This would aim to restore confidence in the judicial system through enhanced speedy justice and greater transparency.
The Supreme Court has established that pending criminal proceedings based upon allegations of “simple fraud” (like cheating or breach of trust) does not prevent arbitration proceedings from progressing; only cases alleging “serious fraud” or cases that challenge the validity of the arbitration agreement or that protect public policy will estop an individual from arbitrating a dispute.
The Supreme Court suspended the operations of the management committee of the Thakur Shri Bankey Bihari Ji Temple and instituted a High-Powered Committee to oversee its operations. The SC took this step due to disputes faced by the previous management and its lack of efficiency. The Supreme Court also rerouted certain writ applications regarding the constitutionality of the Temple Trust Ordinance, which allows the State to handle its affairs towards the Allahabad High Court.
The Supreme Court ushers in a new era of human rights in Matheran by banning hand-pulled rickshaws in the region and requesting the government to promote e-rickshaws for the previous rickshaw pullers, successfully granting them a livelihood.
In a landmark move to foster inclusivity and create more opportunities for younger members of the legal fraternity, Chief Justice of India B.R. Gavai has announced that designated senior advocates will no longer be permitted to mention matters for urgent listing before the Supreme Court. The directive announced in open court, will come into effect from August 11.
The case of K. L. J. A. Kiran Babu v. The Supreme Court has firmly closed the matter of advocate enrolment fees by settling that the State Bar Councils are bound with very clear restrictions of receiving only the fee as prescribed by the Advocates Act. In throwing out the custom of imposing additional so-called optional fees, the Court has not only given some relief to money-strapped law-school graduates, but has also reflected a vital constitutional truth that the path to any profession must not be cluttered with extraneous financial requirements that are arbitrary and unlawful.
The Constitutional validity of the Section 17A of the Prevention of Corruption Act has been left pending by the Supreme Court, which asks that investigation on public servants must first be sanctioned by the government. The petition filed by the Centre of Public Interest Litigation heads contends that the clause is used to protect the corrupt. It is justified by the government because it acts as a protection to clean-handed administrators securing fearless governance. The ruling made by the court will play a critical role in determining the effort of anti-corruption versus the administrative protection.
The legal aspects of marriage in India have marked a radical and a historic transformation. Although this once might be…
