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Showing posts with the label #SupremeCourt

Some Misgivings on the Electoral Bonds Verdict by Supreme Court

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In a landmark unanimous judgment, the Supreme Court on 15 Feb 2024 struck down as “ unconstitutional and manifestly arbitrary ” the electoral bonds scheme, which provides blanket anonymity to political donors. The top court said the scheme violates the constitutional right to freedom of speech and expression as well as the right to information . This judgment was delivered just ahead of the April-May 2024 Lok Sabha polls.  Electoral Bonds Scheme The election funding system called the Electoral Bonds Scheme , was introduced by the Government in 2017 to finance political parties. It allowed individuals and companies to make unlimited and anonymous donations to political parties through certificates bought from the State Bank of India (SBI). Any Indian citizen or organization registered in India can buy these bonds after meeting the KYC norms laid down by the Reserve Bank of India.  Each provision in the 2018 Electoral Bonds Scheme is designed: to ensure legitimacy in political f...

Lawyers: Hired Guns of Justice?

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Are lawyers like mercenaries who will fight for any cause provided they get their fees? Image courtesy: Amazon In the book " India's Legal System: Can It Be Saved? ", published by Penguin on 15 March 2017, the author Fali S. Nariman, the renowned constitutional expert and senior Supreme Court lawyer who died recently on 21 February 2024 at the age of 95 years, states: "India has the second-largest legal profession in the world, but the systemic delays and chronic impediments of its judicial system inspire little confidence in the common person".   Debatable Question However, what prompted me to ask this rather controversial question about our uninspiring judicial system is something different. We regularly see a set of high-profile lawyers of the Supreme Court who always represent clients of the opposition political parties or opposition-ruled states or even criminals in their legal fights against the Union government , and who act like mercenaries (hired profes...

Supreme Court Discards Its Own Judgement

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In a landmark judgment, a seven-judge constitution bench of the Supreme Court has overturned a 25-year-old precedent, ruling that MPs and MLAs cannot claim immunity from prosecution in cases of bribery for votes or speeches in the House.  Seven Judge SC Bench: Copyright Web  Corruption And Bribery Of MPs And MLAs Erode Foundation Of Indian Parliamentary Democracy: Supreme Court The SC also held that both the court and Parliament can exercise jurisdiction on the actions of lawmakers in parallel. This is because the purpose of punishment by the House is different from the purpose of a criminal trial. Clean Politics Many countries provide some form of legislative immunity to protect lawmakers in the course of their duties, promoting open and uninhibited debate. Examples include the United States, where members of Congress have immunity for statements made in their official capacity. However, this immunity usually doesn't extend to criminal activities like bribery.  In Indi...

Disturbing Judgement of the Supreme Court!

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If any reader thinks that I am using the following words and sentences to describe the distinct nature of the disgusting pronouncements of the two wise judges of the Supreme Court then you are not wrong!

The Hijab Row!

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I know it is a sensitive and politically charged subject. Yet "my two cents' worth". In any religion, it is a minority of religious fundamentalists that create problems for the majority of the peace loving followers of that religion. These fundamentalists are very vocal in expressing and advocating their strict, literal, and repressive interpretations of scriptures in the religion. 

Courts Are Fallible!

Can you imagine a contract being given by a popular cine actor to a gangster for executing a revenge crime against a prominent fellow actress by having her abducted, sexually assaulted, and photographed in a moving vehicle!

Aadhaar to Prevent Crimes

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As Fintech (financial technology) becomes more sophisticated with advances in IT, so do the related financial crimes and criminals. With huge increase in digital adoption, many consumers who lack the knowledge or experience in using Fintech based apps and solutions, which provide access to risky and complex financial products, are getting cheated.

Turning The Table on Project Pegasus!

Today, the Supreme Court is to hear several pleas for probe into Pegasus row. Here is may take on the subject.

Raping The POCSO Act!

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POCSO stands for Protection of Children from Sexual Offences Act, 2012. A learned judge, Justice Pushpa Ganediwala, of the Bombay HC has pontificated that groping a minor’s breast without “skin-to-skin contact” does not constitute as sexual assault under POCSO! 

Corruption – Key Issue Again in 2019 Polls!

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During the 2014 elections Indians were incensed over the enduring culture of corruption at all levels of the government and this was the prime factor that helped Modi to become the PM. Now, on the eve of the 2019 elections, the opposition leaders are unable to find any major faults with Modi's governance. Lacking any concrete programs for the development of the country, the Congress party has decided to attack Modi with the same coin - a mega corruption case - in spite of the fact that Modi has an unblemished track record in public life . Though Supreme Court , after examining the relevant strategic and confidential documents, have completely ruled out any probe in the Rafale deal , the Congress President has stated that he will take the issue to the ‘ People’s Court ’! Unlike the 2014 scenario, the present situation of the Congress and the oppositions parties is such that it has become a question of the basic survival of their leaders and consequently they are desperate and frenz...

Corruption – key issue again in 2019 polls!

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During the 2014 elections Indians were incensed over the enduring culture of corruption at all levels of the government and this was the prime factor that helped Modi to become the PM. Now, on the eve of the 2019 elections, the opposition leaders are unable to find any major faults with Modi's governance. 

Literacy, The Bane of Kerala!

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This post argues that literacy is the main obstacle to progress in the most literate State of India. Literacy by itself just makes people aware of their rights and entitlements but not about their responsibilities to the society. Literacy does not give them the power to discriminate between good and bad  character and conduct as well as between right and wrong behaviors .