4 Matching Annotations
  1. Jun 2020
    1. 10th Schedule of the Indian Constitution popularly referred to as the ‘Anti-Defection Law’ was inserted by the 52nd Amendment (1985) to the Constitution.
  2. May 2020
    1. Reports show that SLPs comprise about 60-70% of the Supreme Court’s docket. Out of this, 80-90% of SLPs are dismissed, which means only 10-20% of such cases raise important questions of law. This takes up a lot of time of the Court. A simple solution would be to do away with immediate oral hearing of SLPs. The Supreme Court Rules could be amended to provide for a structure of pre-hearing of SLPs. Every SLP must be accompanied by an application for oral hearing which must be decided first by the Court, and that too in chambers. To assist the Court for that, a cadre of judicial research assistants made up of qualified lawyers should be created. The research assistants can go through each SLP and cull out the important questions of law as envisioned in Article 136. Thereafter, the Court may or may not allow applications for oral hearings based on whether such questions of law merit its attention. Only such SLPs in which oral hearing is permitted should be listed for hearing. SLPs in which no questions of law are raised, or frivolous ones are raised, should be dismissed without oral hearing and upon imposition of costs. This will ensure that only meritorious SLPs get judicial attention and will deter people from filing frivolous SLPs. It will also reduce pendency exponentially as the system will free up the Court’s time to hear statutory appeals and matters pertaining to interpretation of the Constitution or constitutional validity of laws or executive actions.

      Special leave petiton

    2. Supreme Court Rules, 2013 should amend provisions pertaining to Special Leave Petitions (SLPs). Article 136 of the Constitution enables people to file a petition seeking leave to appeal a decision of any judicial or quasi-judicial authority. The Supreme Court grants leave to appeal if the petition raises a question of law of general public importance, or if the judgment appealed against is especially perverse, which would require interference from the Court. The provision has been abused over the years to only clog the docket of the Supreme Court. The Supreme Court was never intended to be a court of appeal, barring such appeals which specific statutes provide for. The High Courts are usually meant to be the final courts of appeal. Instead, SLPs are now being treated as the last round of appeal.

      Special leave petition

  3. Jan 2019
    1. Système de Politique Positive

      A work by Auguste Comte (System of Positive Polity in English) published in 1851-54, which emphasized morality and moral progress as the central preoccupation of human knowledge and effort.