Is it the Supreme Court of India, or the Supreme Court for Indians?  The law must be equally open to the humblest, simplest and little member of the community A decentralised system of judicature is a paramount property for democracy to have élan A Supreme Court of India, and a Supreme Court for all Indians: these two versions can be radically different in terms of principle and content. The Preamble to...

A survey of the Supreme Court’s docket finds a court overwhelmed by petitions from those with money and resources.  THE Indian Supreme Court has a reputation for being a “people’s court” or, as one judge put it, a “last resort for the oppressed and bewildered”. The Constitution gives all Indians the right to petition directly the Supreme Court if their fundamental rights are violated and the right to appeal to...

Year 2010 could go down in history as a watershed for undertrial prisoners, who for long have been the silent victims of apathy of the police, prosecuting agencies, prison authorities and judiciary. The UPA government is setting a six-month deadline, starting January 26, for the release of 1.25 lakh of the 1.7 lakh undertrials languishing in jail though booked for petty offences and despite having served a major part of...

The Supreme Court has struck a blow against a menace “as old as human civilisation”, saying courts cannot sanction encroachments even if the land-grabbers are poor. In a ruling last week in a case that went back over 40 years, a two-judge bench said it was “necessary to remember” that no amount of vigil could stop unauthorised occupation of public land by “unscrupulous” elements who “act like vultures”. Justices G.S. Singhvi and...

Substantial questions of law are involved  The issues of applicability of the Right to Information Act to the office of the Chief Justice of India should be finally decided by the Supreme Court as substantial questions of law and general importance were involved, Attorney-General G.E. Vahanvati said on Friday. Speaking to The Hindu, Mr. Vahanvati, who appeared on behalf of the Secretary-General of the Supreme Court, said: “Various people have publicly...