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...

Like India’s topmost judge, lawyers’ regulatory bodies have been made accountable to the public under the Right to Information Act. The Central Information Commission (CIC) has ruled that bar councils are public authorities under the RTI Act and cannot refuse to share information lying with them with the public. The ruling is likely to kick off a rush of RTI applications to the bar councils, professional bodies that are expected to maintain...

A bench of the Supreme Court recently said: “When you say it is the world’s oldest profession and when you are not able to curb it by laws, why don’t you legalise it?” Really? While dealing with a PIL filed by Bachpan Bachao Andolan about large scale child trafficking in the country, a Supreme Court bench of Justice Dalveer Bhandari and Justice AK Pattnaik are reported to have advised the...

The increase in the number of civil cases in a country is its social mascot, as it symbolises the abundance of law abiding civilised citizens accepting the authority of the judiciary to get their grievances redressed. Otherwise, they would have turned to self-retaliation or employed roughnecks, a usual practice in America and Britain enkindled by their criminal heritage, to enforce justice in their own way; hence all civil litigants may...