Legal

How the judiciary assumed greater theological authority than high priests of religions

In the ongoing challenge in the Supreme Court to amendments in the Waqf law, the issue of the role of charity in Islam came up. The origin of this argument and similar ones in earlier cases can be traced to a unique Indian judicial invention, the essential religious practices doctrine. It arose from the need for the judiciary to gauge the point of demarcation between secular law of a modern state and traditional religious practices that cannot be tampered with

Land alienation is focal point of SC’s Waqf law hearing

Hearings in the Supreme Court in May on the amendments to the Waqf law witnessed engrossing arguments around alienation of tribal lands and government’s rights and powers when it is one of the interested parties in a land title dispute. A look at the essence of these amendments and nature of arguments around it follow

Criminalising minor offences is how legislature contributes to judicial backlog and unease of living

The State of the System report by Vidhi Centre exposes India's overcriminalisation of minor regulatory offences. Of central laws, 42 % contain criminal provisions. It leads to an overreliance on imprisonment and jails filled with undertrials. Finally, there are signs that the government is taking steps to undo the damage

AI in courtrooms and how it will change the landscape of litigation

AI is transforming Indian courtrooms by improving efficiency in translation, transcription, and case management, while facing challenges of cost, regulation, bias, and accessibility across all levels of the judiciary

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

Police’s unjust mode of seeking justice

Civil and criminal laws are fundamentally different in their aim. Arbitrary usage of criminal law provisions by the police undermines the notion of justice. However, it’s commonly done and often results in scathing observations by constitutional courts

'Cash at Judge's Door' case: Obstacles at every stage

Retired judge Nirmal Yadav was acquitted last week in the infamous case involved delivery of cash. If there’s a takeaway in this drawn-out case, it is that the prosecution faces a near-impossible task when it is entrusted with a matter of alleged judicial corruption

The procedure of the in-house probe in case of judicial misconduct

There’s an in-house inquiry on to ascertain the truth in the matter of the discovery of half-burnt currency notes in the residence of Delhi High Court judge, Justice Yashwant Varma. This mode of inquiry is about three decades old and evolved as a measure to cope with allegations of judicial misconduct 

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

There’s no case to create barriers between advocates and in-house counsels

Advocates (Amendment) Bill 2025 was withdrawn by the government following opposition from an influential section of lawyers. A revised version is expected soon. Two counsels argue that the earlier version of the Bill took an important step in eliminating rules which disfavour lawyers who take up full time employment. Mature legal markets offer the same statutory status to practicing lawyers and in-house counsels

Noble Yet Unequal: Gender inequality in India's legal profession

Women's participation in India's legal field remains severely limited due to systemic biases, work culture, and financial inequality. Despite challenges, ongoing reforms and advocacy signal hope for greater gender diversity and inclusion in the profession

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

Can the Supreme Court become an interim Parliament?

This month the Supreme Court will hear a matter examining the scope of Article 141 of the Constitution which says that the law declared by the apex court shall be binding on all courts. The underlying issue centers on a test of legitimacy of legislative power or the Supreme Court’s power under Article 141.

All about India’s tryst with defamation law

Jurisprudence favours a balance between free expression and the right to protection of one’s reputation. A Law Commission recommended that in India defamation be retained within the scheme of criminal laws. The tricky part still remains the search for the line of demarcation between acceptable speech and damage to one’s reputation

As Supreme Court turns 75, a look at some of its milestones

Created by the Constitution, the Supreme Court in the words of the first Chief Justice HJ Kania has 'goodwill and sympathy for all, but is allied to none.'

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

An Indian judge whose work left its mark on judiciary in other lands

Justice AN Grover was one of three judges superseded after having been a part of the majority in the landmark ‘Basic Structure’ judgement. He was also part of the bench which decided on the ‘Bank Nationalisation’ and ‘Privy Purses’ cases. Of the three it is ‘Basic Structure’ which left its imprint in other jurisdictions as brought out in an insightful biography of Justice Grover

2024 in Supreme Court: Eight judgements which will reverberate

It was an eventful year with consequential verdicts delivered by constitutional benches. We pick eight of them which impact events down the line. Other than judgements, there were other decisions at the apex court which evoked strong reactions from stakeholders 

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 

Chief Justice DY Chandrachud — A contested legacy

One of the most consequential heads of the Supreme Court, he leaves behind a mixed legacy. It includes dissents that may in future serve as guideposts, judgements that expanded the scope of fundamental rights and also verdicts which evoked sharp criticism

Supreme Court upholds the idea of limited protection of private property from State takeover

A majority of 8:1 in a landmark Supreme Court judgement overturned a decades old interpretation of the Constitution’s directive principles which allows the State to ensure that ownership and control of the material resources of all private property to subserve common good. Now, the majority opinion has reinterpreted that provision to say that it doesn’t cover all private property. Henceforth, State takeover of private property must be judged by a set of guiding principles

Tortuous jurisprudence of bail when jails are packed with undertrials

Bail is not a privilege but a judicial process that is intrinsically intertwined with the fairness quotient of justice. What forms its basis is the presumption of innocence and hence right to live a life of dignity and liberty