Courts

OPINION | What is the real issue ‘My Lords’?

Despite explicit court orders, Bar Council resolutions, and even petitions seeking to ban such colonial honorifics, their persistence raises a deeper question: is this merely a colonial relic that refuses to fade, or an institutional compulsion the judiciary itself continues to uphold?

OPINION | The enduring impact of judicial dissent

A dissent in the Supreme Court may not be an explanation in a lost cause. Jurisprudence is filled with examples where a subsequent generation saw merit in the logic undergirding an earlier dissent and mainstreamed it

OPINION | Refusing mediation should come at a cost

Mediation in India today is too often a box to be ticked, a hollow formality. Without a credible cost for walking away, mediation will remain symbolic. With such consequences, however, it could become the pressure valve India’s clogged courts desperately need

Delayed justice plagues India. The 16th Finance Commission has the power to improve matters

The clocks of justice in India can tick faster with the right reforms. With thoughtful interventions from public institutions like the Finance Commission, it is possible to align public funding with the judiciary's operational needs. By addressing issues of disparity in budgetary allocations and the need for improvement of the quality of public funding to the judiciary, the 16th Finance Commission can strengthen the rule of law

Even cinema calls out POCSO misuse; law needs safeguards

While POCSO aims to protect children, courts and reports reveal growing misuse in consensual teen relationships, prompting calls for nuanced reforms that balance child rights with justice and intent

Tareekh Pe Justice: A book on lower judiciary, the challenges it faces and the road ahead

This book examines systemic issues plaguing India’s district courts, highlighting judicial delays, lack of independence, and flawed oversight, while advocating structural reforms and accountability of higher judiciary to improve justice delivery

India justice report calls for reforms in judiciary through honest assessment

The India Justice Report 2025 highlights major challenges in India’s judiciary, including judge shortages, high caseloads, poor infrastructure, and inadequate legal aid, urging urgent reforms to improve access to justice and system efficiency

Can the judiciary ever be made accountable?

Official misconduct and impropriety are not rare in any branch of the state. What sets the judiciary apart is its lack of accountability. The judges of the higher judiciary, that is, the Supreme Court of India and High Courts, are accountable only to Parliament. However, enforcement of accountability through this mechanism is practically non-existent

Bail has to be the rule if clearing judicial backlog matters

The apex court has tilted in favour of privileging fundamental rights over statutory laws if the prosecution takes an inordinate time to finish investigation. In a related area, there are more than four million pending criminal cases which began over a decade ago. Many languish in jail as undertrials. Is there a way to clear the backlog without being more liberal about bail?

The consequential afterlife of judiciary’s oral observations

Oral observations may not find their way into a formal order. However, they can leave a lasting impression on people, even if they are made in an offhand way. They also run the risk of diluting judicial accountability

Former CJI Khehar earns government’s appreciation despite taking contrarian positions

He was awarded Padma Vibushan this year. One of the noteworthy aspects of his tenure at the apex court is that his judgements, particularly in the NJAC case, ran counter to what the government argued. The Padma award is a measure of his credibility

Fali Nariman’s acute observations are a launch pad for research on Constitutional issues

An anthology of writings and speeches of the eminent jurist, who passed away last year, contain insightful observations on perennial issues such as corruption and contempt of court. They will continue to be a reference point of many a debate on legal issues

Weaponisation of Section 498A

In 1983, IPC added Section 498A to protect married women from harassment at the hands of her husband. A law introduced with good intentions has been over the years turned in it's head. It has become in many instances of a breakdown in the marriage, a tool to harass not just the husband but also his relatives

Judicial independence is ultimately in the hands of judges

The rule of law is undisputedly one of the most fundamental requirements of the democratic state. And, one ingredient that is essential for enforcing the rule of law is an independent judiciary. That independence can be realised by judges and no one else. As Justice BV Nagarathna said, it’s the “personality” of judges which will determine the extent of judicial independence and autonomy

Who will compensate an innocent whose life is wrecked by the criminal justice system?

Accused wrongfully convicted and jailed for years suffer a “virtual death”. Allahabad High Court recently acquitted a person who was incarcerated for 13 years following a miscarriage of justice. It made an important suggestion, the court acquitting an innocent should be empowered to fix compensation that will be paid by the State for destroying a life

India's Legal System: Legal aid for the poor or poor legal aid?

India’s legal aid system remains underfunded and inefficient. Only 1% of eligible individuals access free legal aid, with poor quality and low pay for lawyers contributing to the system's failures, leaving many without proper representation

Collegium: Ensuring judicial independence or perpetuating an unaccountable system?

The Collegium system was not part of the original Constitution, rather it was introduced later by a novel judicial invention—which is unparalleled in the world. But one of the prominent criticism is that the Collegium system has brought the judiciary and executive at loggerheads

Tilt towards personal liberty

Recent Supreme Court judgements have prioritised personal liberty, putting bail over jail. A judgement this month extended the logic to anticipatory bail, which will now be treated as a standalone appeal even when one is custody for an unrelated offence.

MC Explains: The What, Why, When and How of National Litigation Policy

It's meant to unclog the strained wheels of justice. Modi 3.0 has made it a priority in its agenda of judicial reforms

Mind Your Language: Kannada signboard row - what's the law in other states?

The brouhaha over signboards and branding in the local language is not unique to Karnataka as other states too have rules to this effect. Most say that the local language has to be prominently displayed on top, followed by other languages, if any.

SC handbook a first step to end gender stereotyping of women by courts

While the handbook will be helpful for the bench, it would be equally important that the law students and members of the bar also go through training on this subject. This will ensure that their arguments in courts of law are free of gender stereotyping labels

Why we are failing to eliminate judicial pendency

A two-pronged, bottom-up approach that involves recruiting more judicial officers in the district judiciary and ramping up the supporting structural components they need like more courtrooms, court staff, basic amenities and technology cannot wait any longer. There are more than 4 crore cases pending in the lower judiciary