In April 1976, Justice H.R. Khanna dissented in the ADM Jabalpur case, arguing personal liberty cannot be suspended during emergencies. His principled stand against the Indira Gandhi government led to his bypassing for Chief Justice, marking a pivotal moment for judicial independence. His legacy continues through his nephew, Justice Sanjiv Khanna.
Today, On 19th October, Chief Justice of India D.Y. Chandrachud highlighted the Supreme Court’s role as a people’s court, emphasizing judicial independence and the need to balance with legislative and executive branches. He cautioned against evaluating the court based on outcomes, advocating for access to justice and advancing technology to enhance transparency in judicial processes.
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The Supreme Court has halted today (17th Sept) bulldozer demolitions across India until at least October 1, except on public roads, water bodies, or railway lines with court permission. This follows a plea challenging the demolition of a family’s house in Gujarat. The Court aims to establish clear demolition guidelines nationwide. Solicitor General Mehta objected, but the Court emphasized the need for regulation.
On Friday(13th Sept), Chief Justice DY Chandrachud highlighted the growing role of young Indian lawyers in arbitration, moving away from the traditional preference for retired judges. Speaking at a Supreme Court conference, he noted that this shift reflects India’s expanding legal talent pool, including women, in the field.
Former Union Law Minister Ashwani Kumar praises the Supreme Court’s stance against “bulldozer justice,” advocating for guidelines to prevent such practices. He highlights the need for legal due process in dispensing justice and emphasizes the fundamental rights of shelter and dignity. The Court’s intervention is seen as critical in reinforcing constitutional values and curbing punitive abuse of demolitions.
Madhya Pradesh CM Mohan Yadav defended ‘bulldozer justice’ as per Constitutional principles, stating no one is above the law. Congress leader Priyanka Gandhi Vadra criticized the practice, advocating for judicial determination of guilt. The controversy stems from alleged anti-Islamic remarks, leading to violent protests and the subsequent demolition of Shahzad Ali’s house.
Today, On 1st August, The Union Law Ministry informed the Rajya Sabha that 83,798 cases are pending in the Supreme Court of India, while 6,002,383 cases await resolution in various High Courts. The backlog reflects the immense pressure on the judiciary, impacted by insufficient judges and procedural delays. Reforms and innovative solutions are needed to address this pressing issue.
In 1720, Rama Komathi, a wealthy and influential figure, was wrongly convicted of conspiring with a naval pirate during British rule in India. The trial, highlighted by Chief Justice Chandrachud, lacked fairness and relied on fabricated evidence. This case underscores the importance of upholding due process and reliable evidence to safeguard justice.
Today(on 27th June), Uttar Pradesh Chief Minister Yogi Adityanath highlighted the rule of law as essential to good governance and commended the state police for maintaining security. He emphasized the need for modernizing the police force while inaugurating upgraded police response vehicles for UP-112.
Indira Jaising urges a delay in implementing new criminal laws, concerned about their impact on access to justice and citizens’ rights. The laws replace longstanding ones, raise ambiguity over retrospective application, and compound judicial backlog. They diverge from Supreme Court precedents, potentially compromising liberties. Jaising calls for thorough debate and assessment by stakeholders before implementation.