Lokendra Malik

NEED TO END THE SEALED COVER SYSTEM

March 29, 2023

The Chief Justice of India Dr. D Y Chandrachud, while presiding over a three-judge bench, has once again reiterated his stand about the sealed cover issue. He said: “I am personally averse to sealed covers. What happens is, we see something he does not see. And we decide the case...

Promoting Diversity in the Supreme Court of India: A Collective Duty of the Collegium

December 24, 2022

The Supreme Court of India is perhaps the most powerful court in the world. Since its establishment, the Court has made a remarkable contribution to protect the rule of law, constitutionalism, judicial independence, and democratic values in the country. By exercising its judicial review power, the Court has also imposed...

PROMOTING DIVERSITY IN THE SUPREME COURT OF INDIA: A COLLECTIVE DUTY OF THE COLLEGIUM

December 24, 2022

The Supreme Court of India is perhaps the most powerfulcourt in the world. Since its establishment, the Court has made a remarkable contribution to protect the rule of law, constitutional- ism, judicial independence, and democratic values in the country. By exercising its judicial review power, the Court has also im-...

THE GUARDIAN OF THE CONSTITUTION

July 2, 2022

With the announcement of candidates for the office of the President of India, the battle for Raisina Hill has begun. The BJP has declared Mrs. Draupadi Murmu, a tribal leader and former Governor of Jharkhand, its presidential candidate while the opposition parties have fielded Yashwant Sinha, a former Union Minister...

TAKING PERSONAL LIBERTY SERIOUSLY

June 14, 2022

Last week, India’s Pradhan Sewak, our beloved Prime Minister Narendra Modi suggested to the Chief Justices of all High Courts to set up district-level committees in their respective States, to be headed by the District Judges, to consider bail for the under-trial prisoners. The Prime Minister was addressing the Joint...

NEED TO EXERCISE THE PARDONING POWER WITH COMPASSION

June 13, 2022

“The power to pardon is a part of the constitutional scheme, and we have no doubt, in our mind, that it should be so treated also in the Indian Republic. It has been reposed by the people through the Constitution in the Head of the State and enjoys high status....

Complete justice in a mercy petition

June 1, 2022

Recently, in Perarivalan’s case, a three-judge Bench of the Supreme Court headed by Justice L. Nageswar Rao has rightly and timely invoked its extraordinary constitutional power, conferred upon it under Article 142 of the Constitution to protect the rule of law, human dignity, and rights from the arbitrary gubernatorial action....

We need to protect women’s dignity and enact the uniform civil code

April 25, 2022

A few days ago, a Single Judge of the Lucknow Bench of the Allahabad High Court ruled that a divorced Muslim woman is entitled to claim maintenance from her former husband under Section 125 of the Criminal Procedure Code, 1973, even after the expiry of the period of iddat as...

Reflections of a President of India on mercy petitions

April 18, 2022

The President of India is the constitutional head of the Union Government who exercises his constitutional powers and functions on the aid and advice of the Council of Ministers headed by the Prime Minister as per the mandate of Article 74 of the Constitution. The Constitution also empowers him to...

THERE IS A NEED TO END JUDICIAL FEUDALISM IN INDIA

April 14, 2022

A few days ago, while speaking at a National Conference on Mediation and Information Technology, organized by the High Court of Gujarat, senior Supreme Court judge Justice Dr. D. Y. Chandrachud said that the Indian judiciary continues to be “feudal” and it should change its mind set to become “modern...

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