Markandey
Markandey Katju 17 Apr 2025 4:03pm
A humble advice to Indian Muslims
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Demonstrations and protests have been held by Indian Muslims in many parts of India against the recently enacted Waqt Amendment Act. 73 petitions have been filed by various organizations and individuals in the Supreme Court challenging the constitutional validity of the Act, and the hearing is going on. In my opinion all these steps were misguided,…
Markandey
Markandey Katju 16 Apr 2025 6:15pm
The Basic Structure Doctrine and Judicial Activism
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Recently a function was held in Delhi in which a book titled 'The Basic Structure Doctrine' written by my good friend retired Justice Rohinton Nariman, former Judge of the Indian Supreme Court, was releasedhttps://www.youtube.com/watch?v=wuPWHOeVcqkhttps://www.youtube.com/watch?app=desktop&v=STcHgYZRaxshttps://www.youtube.com/watch?v=8lIFuFEN7nYIn…
Markandey
Markandey Katju 16 Apr 2025 4:54pm
A Supreme Court decision about which I have grave reservations
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Roar Title : A Supreme Court decision about which I have grave reservationsIn State of Tamilnadu vs Governor of Tamilnadu, the Indian Supreme Court has given a skew of directives, which have been widely applauded by lawyers, the media, etc However I have grave reservations about it, and I doubt it will be followed by the Governmenthttps://api.sci.gov.in/supremecourt/2023/45314/45314_2023_11_1501_60770_Judgement_08-Apr-2025.pdfIn…
Markandey
Markandey Katju 23 Dec 2024 10:42am
Has the Indian Constitution failed us or have the people failed the Constitution ?
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A video discussion was held by the eminent Indian Supreme Court lawyer, President of the Supreme Court Bar Association, and former Indian Union Minister Kapil Sibal with 3 lawyers on the topic " Has the Indian Constitution failed us, or have we failed the Constitution "https://www.youtube.com/watch?v=dcAy-ZXDgGgMost of the panelists said that the people…
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,…
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