LawLoveLegal

The Supreme Court of India has published a landmark institutional report titled “Judicial Conceptions of Caste” , marking the first systematic attempt by the judiciary to critically analyse how courts have spoken about caste over seven decades. Prepared by the Supreme Court’s Centre for Research and Planning (CRP), the report evaluates constitutional bench judgments on reservations, personal laws, and atrocities laws, highlighting the normative role of judicial language in shaping equality and social justice. Continuing Concern: Caste as a Constitutional Issue The report asserts that caste is not a historical artefact but a continuing constitutional concern , central to India’s equality jurisprudence. It argues that judicial vocabulary must reflect constitutional values, rejecting outdated or paternalistic terminology. Relevant Constitutional Provisions: Article 14 – Equality before law Article 15(4) & 15(5) – Special provisions for socially and educationally backward ...

In a significant move to strengthen political accountability, the Supreme Court of India has sought a response from the Election Commission of India (ECI) on a plea demanding stricter compliance by political parties with existing disclosure laws. The plea calls for political parties to make public their rules, establishment documents, and details of financial contributions as mandated under the Representation of the People Act, 1951 . Background of the Petition The matter was heard by a bench comprising Justice Surya Kant, Justice Ujjal Bhuyan, and Justice Joymalya Bagchi , which issued a notice to the ECI on Monday. The bench acted upon an application filed by Ashwini Kumar Upadhyay , a Bharatiya Janata Party (BJP) leader and lawyer , in his pending Public Interest Litigation (PIL). The application was filed in the context of increasing instances where political parties have been allegedly misused for money laundering and tax evasion , leading to calls for greater transparency ...

Introduction: The Case for Judicial Parity The Supreme Court of India has initiated hearings on one of the most significant reform issues concerning the district judiciary —the disparity in promotions between judges recruited as Civil Judges and those appointed as Direct District Judges . A five-judge Constitution Bench headed by Chief Justice of India (CJI) Bhushan R. Gavai , along with Justices Surya Kant, Vikram Nath, K. Vinod Chandran, and Joymalya Bagchi , is examining this anomaly, which has long been a structural imbalance in the judicial hierarchy. The issue arises from the fact that civil judges , despite decades of service, often do not reach the higher positions such as Principal District Judge (PDJ) or High Court Judge , whereas direct recruits progress faster in rank and remuneration. The Problem: Inequality in Judicial Promotions The Court highlighted the lack of equal opportunity within the judicial system, particularly in the career progression of judicial ...

Introduction: A Novel Step Toward Linguistic Precision in Justice In a landmark administrative reform, the Supreme Court of India has launched an unprecedented initiative to address one of the judiciary’s long-standing challenges — the poor quality of English translations of judicial records originally written in Indian languages . Recognising the direct impact of inaccurate translations on the dispensation of justice, the apex court has decided to engage practising lawyers as translators . This move seeks to combine legal acumen with linguistic accuracy , ensuring that translations of pleadings, judgments, and other documents preserve the “true meaning and spirit” of the original records. Background: The Problem of Inaccurate Judicial Translations The problem of inaccurate translations has persisted for decades in the Indian judicial system. Many trial court records, particularly from lower courts in states where proceedings are conducted in regional languages, reach the Supreme...

Introduction: Supreme Court Highlights Crisis in Execution of Decrees In a significant observation highlighting one of the most persistent issues in India’s justice delivery system, the Supreme Court of India has expressed deep concern over the massive pendency of execution petitions across the country. The apex court lamented that over 8.82 lakh execution petitions remain pending in district courts nationwide — a figure that renders judicial decrees “meaningless” and amounts to a “travesty of justice.” An execution petition is a plea filed by a decree-holder seeking enforcement of a judgment — such as recovery of money, transfer of property, or ensuring compliance with a court order. Despite judgments being delivered, the prolonged enforcement process often denies effective relief to the litigant. Background: Pendency and Supreme Court Monitoring The bench of Justices J.B. Pardiwala and Pankaj Mithal made these remarks while monitoring compliance with its March 6, 2025 dire...

Introduction: Strengthening the Shield of Liberty In a landmark judgment delivered in Vihaan Kumar v. State of Haryana (2025 INSC 162), the Supreme Court of India reaffirmed one of the most vital constitutional guarantees — the right of every person to be informed of the grounds of arrest . Authored by Justice Abhay S. Oka and Justice Nongmeikapam Kotiswar Singh, the judgment reinforces Article 22(1) of the Constitution and clarifies the procedural obligations of law enforcement agencies during arrest. Case Background The petitioner, Vihaan Kumar , challenged his arrest by the Haryana Police, alleging that he was not informed of the reasons for his detention. He argued that such omission violated his fundamental right under Article 22(1) of the Constitution and Section 50 of the Code of Criminal Procedure (CrPC) , which together safeguard a person’s liberty during the process of arrest. The respondent State maintained that the arrest was legally conducted and that the petitio...

Plea in SC Against Newly Amended Criminal Law Bills A public interest litigation (PIL) has been moved in the Supreme Court against the newly amended criminal law bills: Bharatiya Nyaya Sanhita, 2023, Bharatiya Sakshya Adhiniyam, 2023, and Bharatiya Nagarik Suraksha (Second) Sanhita, 2023. The petitioners, Anjali Patel and Chhaya, represented by advocates Sanjeev Malhotra and Kunwar Siddhartha, seek to challenge the viability and implementation of these laws. Petitioners' Concerns and Demands The petitioners have urged the Supreme Court to issue a notice to immediately constitute an expert committee to assess and identify the viability of the three new amended criminal laws. The plea seeks to overhaul the criminal laws of the country and replace the Indian Penal Code 1860, Code of Criminal Procedure, and Indian Evidence Act, 1872. The petition has also sought to stay the operation and implementation of these new laws. Alleged Defects in the New Bills According to the plea, the propo...

Supreme Court's Two-Day Conference on Technology and Judicial Dialogue with Singapore Setting the Stage for Innovation The Supreme Court of India is organizing a two-day conference on Technology and Dialogue between the Supreme Courts of India and Singapore, scheduled for April 13 and 14, 2024. The conference aims to explore the intersection of technology and the legal system, focusing on the transformative role of Artificial Intelligence (AI) within the judiciary. Key Participants and Discussions Chief Justice of India DY Chandrachud and Chief Justice of Singapore Justice Sundaresh Menon will lead the conference, joined by judges, jurists, and experts. Panel discussions will cover various topics related to AI, including its implications for the legal system, its role in court proceedings and judicial training, improving access to justice, ethical considerations, and future trends in AI. Platform for Insight Sharing The conference provides a platform for sharing insights, best prac...