Magazine

Government’s objection to Saurabh Kirpal’s appointment as a High Court judge because of his sexual orientation goes against the Constitution. Should a lesson be learnt from diverse benches of the UK and US judiciaries?

In various judgments, the Court has reiterated that bail is the rule and jail is the exception. The accused must have his freedom in order to establish his innocence, it said.

A famous liquor distilling factory in Punjab has been shut down on the orders of the chief minister. The grounds for closure are to do with environmental concerns, which is in line with current trends in other states.

The Delhi High Court recently held that while children cannot be barred from exams for non-payment of fees, private unaided schools cannot be forced to retain them.

Courts have stressed that daughters, single or married, have an equal right over their father’s property. But till mindsets change, they will continue to get the short end of the stick.

There is a contention that if women of India are allowed into the labour force as equal partners, India may reach the levels of China and Vietnam on the manufacturing scale. However, age-old religious restrictions may not allow this to ever happen in India.

A 16-year-old Muslim girl has become the focus of a petition in the Supreme Court where Muslim Personal Law clashes with the Protection of Children from Sexual Offences Act, which prescribes 18 years as the age for sexual consent. There are some precedents, but this case is an important landmark.

As pressure bears on the judiciary for its constitutional verdicts and collegium system, Justice VS Sirpurkar, a former SC judge, says that democracy is not in danger as the constitutional bedrock is strong. He spoke to India Legal on Constitution, collegium and judges’ appointments.

Demands by the government for changes in the judges’ appointment process and in the collegium system have led to strained relations with the judiciary. As the head of the Constitution Review Commission, former CJI Justice MN Venkatachaliah had suggested measures for promotion of judicial accountability and judicial culture. In the light of the current standoff, Justice Venkatachaliah spoke with India Legal on the underlying issues.

The government is leaving no stone unturned to persuade the judiciary to adopt the National Judicial Appointments Commission (NJAC) type of system. Will the judiciary acquiesce? How valid are allegations of secrecy in the collegium functioning? Former Chief Justice of India KG Balakrishnan spoke to India Legal on these issues.