Share Tweet Plus One Pin It Email Print By: Mehal Jain April 8, 2018 12:36 pm Change Font Size The Harvard Club of India hosted an event on Saturday at the Constitution Club of India, New Delhi, with acclaimed journalist Mr. Karan Thapar interviewing Supreme Court Justice J. Chelameswar on the ‘Role of Judiciary in a Democracy’. As the interview progressed, it was clear that it was the sub-text, that is, the January 12 press conference by the four senior Judges of the Supreme Court, and its aftermath, that would dominate their discussion. While much has been reported about their conversation, it was the silences of Justice Chelameswar to some questions, which Karan Thapar found eloquent. As Karan Thapar remarked: “ It is the silences, the hoong…hoong of Justice Chelameswar that would leave the lasting imprint of this hour-long conversation”. Here are the key takeaways from … [Read more...] about Justice Jasti Chelameswar’s Eloquent Silences And Insightful Musings During His Memorable Conversation With Karan Thapar
Justice adarsh kumar goel
The Centre has reportedly blocked the recommendations of the Supreme Court Collegium to appoint Uttarakhand high court chief justice K.M.Joseph as a Judge of the Supreme Court and Justice Surya Kant of Punjab and Haryana high court as Chief Justice of the Himachal Pradesh high court. Although there is no official confirmation of that report and the Centre has not returned the recommendation to the Collegium yet for its reconsideration, reports appearing in the media suggest that the Centre has certain reservations about these recommendations. LiveLaw answers the questions that readers may have on this controversy, as it has unfolded so far. Q: The present recommendations to elevate Justice K.M.Joseph and Justice Surya Kant were sent on January 10. Yet, the Centre is neither returning them for reconsideration by the Collegium, nor going ahead with these appointments. Does the Centre have the option to sit over the … [Read more...] about Judicial Appointments: Are Centre’s Claims On Lack Of Seniority Of Justice KM Joseph And Justice Surya Kant Valid?
On day two of the hearing in the 5-year-old foreign law firms case, senior counsel Arvind Datar, appearing on behalf of six UK-based law firms, submitted before the Supreme Court on Monday that the Madras High Court judgment in AK Balaji v BCI & Ors may not be disturbed to the extent it has been held therein- “there is no bar either in the Advocates’ Act of 1961 or the BCI rules for the foreign law firms or foreign lawyers to visit India for a temporary period on a fly-in and fly-out basis, for the purpose of giving legal advice to their clients in India regarding foreign law or their own system of law and on diverse international legal issues”.Hearing this, the bench of Justice Adarsh Kumar Goel and Justice UU Lalit asked him: “You mean so long as foreign lawyers are not setting up an office in India?”“Yes”, replied Datar.“What is the regulatory mechanism in respect of these lawyers or firms,” inquired the bench.“There is … [Read more...] about Foreign Law Firms’ Entry To India:Arvind Datar Differentiates Between ‘Court Practice’ And ‘Other Legal Services’
Only the original 3-Judge Bench or a 11-Judge Bench should hear the UID/Aadhaar case after the 9 Judge Bench verdict Ahead of hearing in the case related to world biggest Central Identities Data Repository (CIDR) of 12 –digit biometric Unique Identification (UID)/Aadhaar numbers amidst decline in the number of citizens of the country due to deaths as a consequence of UID/Aadhaar menace, it is germane to recollect happenings in another Supreme Court.A Supreme Court judge who was drafting a document declaring the Law on Biometric Registration unconstitutional was sacked after challenging the government’s plan to collect fingerprints and other biometric data from citizens. She was sacked. Before that she was taken off a case related to biometric identification which she had been handling.“Adoption of a National Computerized Identification Reference System (has been) declared null and void for being unconstitutional”, concluded the final decision by a … [Read more...] about Defying Fundamental Rights With Impunity Under The Gaze Of Constitution Benches
Key Quotes CU Singh: “The BCI is not averse to practice of law in India by foreign lawyers and firms, but the same must be regulated and fall within the four corners of the Advocates’ Act. Even if such practice is on a temporary basis, it must be subject to our regulatory regime.” Dushyant Dave: “As Indian lawyers, we take part in international commercial arbitration matters in Singapore, London, Paris etc, without the need of procurement of any permission. If the BCI regulates foreign lawyers in this respect, it would also hurt the interests of Indian lawyers.” Additional Solicitor General (ASG) Maninder Singh: “The rules are needed. We want foreign lawyers to come so as to not deny the Indian advocates of the same privilege in other countries. If the BCI does not frame the rules, the Central government would take it upon itself to stipulate the rules.” As the hearing in the matter regarding the entry … [Read more...] about Foreign Law Firms’ Entry: Senior Advocate CU Singh Insists On Practice To Be Subject To India’s Regulatory Regime, Even As ASG Asks BCI To Frame Rules