Markandey
Markandey Katju 12 Oct 2024 1:31am
The purpose of making the Indian Constitution
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In Western countries like USA, Britain, France, etc the purpose of having a Constitution, whether written ( as in USA, France, Germany etc ) or unwritten ( as in U.K. ) is basically (1) to set up the organs of power, e.g. the legislature, the executive, and the judiciary, and set out their limits, and (2) to guarantee the liberties of the people, e.g.…
Markandey
Markandey Katju 9 Oct 2024 1:09pm
Justice Nagarathna
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I have been motivated to write this article by the judgments and speeches of Justice BV Nagarathna, Judge of the Indian Supreme Court, whom I greatly admire, and who is in line of becoming the first woman Chief Justice of India ( in 2027 ).https://en.wikipedia.org/wiki/B._V._Nagarathnahttps://www.facebook.com/cnbctv18india/videos/meet-bv-justice-nagarathna/1247940696069656/Justice…
Markandey
Markandey Katju 4 Oct 2024 3:02pm
Duty to defend
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Several Bar Associations in India, whether High Court Bar Associations or District Court Bar Associations, often pass resolutions that their members will not defend a particular person or persons accused in a criminal case. Sometimes there are clashes between policemen and lawyers, and the Bar Association passes a resolution that none of…
Markandey
Markandey Katju 28 Aug 2024 9:16pm
The dilemma for Pakistanis
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Section 123A of the Pakistan Penal Code states :''Condemnation of the creation of the State, and advocacy of abolition of its sovereignty:(1)Whoever, within or without Pakistan, with intent to influence, or knowing it to be likely that he will influence, any person or the whole or any section of the public, in a manner likely to be prejudicial to the…
Markandey
Markandey Katju 22 May 2024 2:26pm
Two questions to Their Lordships
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A bench of the Indian Supreme Court has granted bail to Arvind Kejriwal till 1st June, but ordered him to surrender on 2nd June.https://www.bbc.com/news/world-asia-india-68767574Since parliamentary elections are going on, the Court felt it necessary for the sake of democracy to release Kejriwal to do canvassingTwo questions arise in this connection…
Markandey
Markandey Katju 17 Apr 2024 5:22pm
How a single judgment converted India from a secular to a Hindu state
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There is a school of jurisprudence called the American realist school, which says that the only real law is Judge made law, while a statute is only the raw material which a judge uses in making law. Propounders of this school were Gray, Frank and Llewellyn. The Indian Supreme Court seems to be a follower of that school.According to the realist school,…
Markandey
Markandey Katju 30 Oct 2023 12:04pm
Indian Supreme Court verdict on same sex marriage
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The Indian Supreme Court by its verdict delivered on 17.10.2023 in Supriyo vs Union of India has rejected the petitions claiming recognition of same sex marriageshttps://main.sci.gov.in/supremecourt/2022/36593/36593_2022_1_1501_47792_Judgement_17-Oct-2023.pdfhttps://thewire.in/law/sc-judges-show-empathy-with-queer-concerns-but-fail-to-give-relief-citing-complexities-aheadIn…
Markandey
Markandey Katju 19 Oct 2023 10:56am
Indian media is above the law
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Recently numerous Indian journalists raised a big hue and cry when the police investigated the website newsclick for its Chinese connection.https://www.youtube.com/watch?v=axa6ysW1DEI&pp=ygUVbmV3c2NsaWNrIGNvbnRyb3ZlcnN5https://www.youtube.com/watch?v=OFO0VZfKQ-Q&pp=ygUVbmV3c2NsaWNrIGNvbnRyb3ZlcnN5https://www.youtube.com/watch?v=-wTW9cPv6gQ&pp=ygUVbmV3c2NsaWNrIGNvbnRyb3ZlcnN5https://thewire.in/media/cbi-conducts-search-at-residence-of-arrested-newsclick-editor-prabir-purkayasthaIndian…
Markandey
Markandey Katju 6 Oct 2023 2:53pm
My Email To the Hon'ble Judges of the Pakistan Supreme Court, Islamabad
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<dir.hrc@supremecourt.gov.pk>, <mail@supremecourt.gov.pk>Dear Brothers/SistersI have carefully followed on the internet the hearing before the 15 member full bench of the Pakistan Supreme Court on the petitions challenging the validity of the Supreme Court ( Practice and Procedure ) Act, 2023.I have expressed my view in the article belowhttps://www.globalvillagespace.com/resumed-gearing-before-pakistan-supreme-court/I…
Markandey
Markandey Katju 19 Sep 2023 2:36pm
The hearing before the full bench of the Pakistan Supreme Court
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A full bench consisting of all 15 Judges of the Pakistan Supreme Court heard petitions yesterday, 18th September, challenging the validity of the Supreme Court ( Practice and Procedure ) Bill 2023 made by Parliament, which required benches in the Court to be constituted not by the Chief Justice alone but by a committee consisting of 3 senior most judges…
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