judiciary Archives

Maharashtra's anti-defection statute has again come to the fore in the recent political upheavals in the state. There are a number of issues to be resolved. While a no-confidence vote is being considered, may the Speaker (or in his absence, the Deputy Speaker) rule on a petition for disqualification of the current Speaker? Is it possible for the Supreme Court to examine the judgement before it is made? If two-thirds of the party's MLAs choose to break away from the party's leadership, would they have to unite with another party to avoid being disqualified from the election? As a first step, we must address the core source of these problems and abolish the anti-defection statute. In a nutshell, the anti-defection rule, also known as the Tenth Schedule of the Constitution, prohibits MPs a...

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Judiciary Only Accountable To Constitution: CJI Ramana

Arpita SarkarJuly 4, 20220

Social workers and journalists are being arrested in one case after another. Opposition groups called for a boycott of the Narendra Modi government. Now the country's judiciary can give some relief to the various camps. Standing on American soil in this situation, Chief Justice NV Ramana said that the judiciary has responsibility only toward the Constitution. Chief Justice Ramana was received today at an event in San Francisco by American citizens of Indian descent. "We are celebrating the 75th anniversary of our independence," Ramna said on the occasion. The age of the Republic of India is 72. Different institutions have been given different roles and responsibilities in our constitution. Sadly, we are not aware of them." According to the Chief Justice, “the ruling party thinks that...

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Remembering 14-Year-Old George Stinney Jr And His Unfair Trial

MalvikaJune 28, 20220

The US is not witnessing bizarre and irksome legal decisions for the first time. June 16 marks the death anniversary of George Stinney Jr, a 14-year-old who was executed brutally for a crime he did not commit. In 1944, this African-American teenager was electrocuted and executed in an electric chair. The conviction of George Stinney jr still should haunt us of hasty unjust trials and unfair judgments. He was arrested and awarded the death penalty on suspicion of the murder of two girls, Betty June and Mary Emma. It took the court (South Carolina) seventy years to clear his name and declare that he received an “unfair trial”. This case is cited as more of a mystery peddled with a lot of whatabouteries rather than a lapse in the jurisdiction. The whole trial procedure was just discri...

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Mahua Mohitra’s Fierce Remarks Cause Uproar In Lok Sabha; Read To Find Out More

adminFebruary 10, 20210

While speaking in her address in the Lok Sabha, TMC MP Mahua Mohita made some strong and bold remarks on the government of India and its governance. But what shook the house most was her comment on a former CJI of India made during her fiery speech in the parliament. Mahua Mohitra was speaking on how the judiciary, a prominent pillar of democracy of India is not sacred anymore. She said, “Judiciary is not sacred anymore. Its stop being sacred the day a sitting CJI of India was accused of sexual harassment preceded over his trial, cleared himself and then proceeded over to accept a nomination to the upper house within three months of retirement”. In response, many MP’s from the treasury bench rose to hover her speech and started calling out to her for insulting the President and the dem...