Pairokar

Supreme Court of India has saved the country from major constitutional crisis by modifying its own order of 15 th  May 2015 by which it had directed that the photographs of Minister, Chief Minister or Governor of the states would not be published or shown in the government advertisements. The bench consisting of Justice Ranjan Gogoi and Justice P.C. Ghosh had ruled that it amounted to sheer misuse of public money for private publicity. This order had created a lot of problems for the Federal structure of the country, where the Governors and the Chief Ministers enjoy the equal constitutional rights. Under Part VI of the Constitution of India, the rights of the Governors, Chief Ministers and the State Legislatures are clearly defined from Article 152 to Article 213 as it is provided for the Union Executive from Articles 52 to 122 in Part V. Similarly Articles 124 to 147 of Chapter IV deal with Union Judiciary, while Chapter V from 214 to 237 deal with the State Judiciar...

The dismissal of a petition by the Madras High Court with observation that nowhere in the Indian Penal Code it is stated that ‘eating non-vegetarian food is an offence and there is no law touching, eating habits of any religion is an offence’ is very prosaic interpretation of law but certainly not conducive to the evolution of just, fare and judicious law. The famous legal philosopher Roscoe Pound was of the view that ‘law should be stable but not stand still’. In his famous book ‘An Introduction to Philosophy and Social Control Through Law’, he had said that ‘thinking about law one has to think about the society’.  In a civilised society people must be able to assume that those with whom they deal in the general intercourse of society will act in good faith and hence; (a) will make reasonable expectation which their promises or other conduct reasonably create; (b) will carry out their undertakings according to the expectations which the moral sentiment of the community attac...

     The Rajya Sabha, the elder house of the Indian Parliament, has not been transacting any business for the last many days. It is adjourned after almost sitting of half an hour and the adjectives like, pandemonium uproarious and noisy scenes etc. have become common to describe the situation in the Upper House. The members representing the political parties in the State Assemblies constitute  the  Rajya Sabha, which is also known as the Council of States. Hence, on the strength of a political party in the Assemblies of the states...

'Justice delayed is justice denied' is a cliché. That is why, a wag has said in a seminar at Mumbai that 'why not appoint the media persons as the judges in all courts?'  In his view, trial by media is most inexpensive and expeditious way of delivery. There is a no need for the police to register the crime, investigate and frame the charges. There is no need for the Courts to afford any opportunity for 'admission and denial' or to allow examination and cross-examination of anybody. Collection of evidence will also not be required. Mere debates by some 'omniscient' people in the studio of the television channels will be enough to pronounce the judgment for or against the accused or victim. It may be ludicrous to the most but it is, nonetheless, true that media persons level the charges (sometimes some body else level those charges) and then the debaters become the jury and the judge to pronounce the judgments. Take for example, the recent case o...

The supporters of ‘Kiss of Love’ are seen wearing a shirt these days, which is emblazoned with a slogan that in India ‘you can piss in public, but not kiss in public’. Obviously, these ardent supporters of the ‘Kiss of Love’ campaign that is raging across Kochchi to Culcutta and Delhi to Dibrugarh believe more in demonstration of love than in love.  You talk to them and they say that any moral policing on their public display of love is contrary to the Constitutional Provisions of freedom gurranteed to citizens of country. When you remind them about the provisions of section 292/293/294 of the Indian Penal Code, they will not only laugh at you but also frown upon you with most contorted face. By their facial expression, you can come to the conclusion that in their eyes, you are a backward person, not in sync with the winds of liberty or is it indecency that is blowing in their world. Needless to say, that these practitioners of 'Kiss of Love' have hardly any concern...

Deepawali, which was celebrated yesterday with zeal and fervor, has but left a bad taste or (shall I say a trail?) of sickening noise and air pollution.  It has brought at naught the laudable 'Swachchha Bharat Campaign' of the Prime Minster Narendra Modi.  I do not  know  what happens to the sensitivity of the people, when they indulge into such unpardonable activities, in spite of knowing the fact that a large number of populace is undergoing through immense hardships caused by disastrous of flood and cyclones in Jammu & Kashmir,...

I am a slow reader and that is why, almost ten days back, my younger son Utkarsh gave me ‘half girlfriend’, the latest book of Chetan Bhagat and I took five days to finish it. In fact, I steal time for such readings and can afford the luxury of reading any book, magazine or even newspapers without break. Utkarsh is also now in the legal profession like me but he has more time for pastimes. He is a fan of Chetan Bhagat. He tells me that he has read all his books because they are very gripping and written in racy style. There is no doubt that the style of Chetan Bhagat’s writing is very fast- paced and it keeps you busy till you have finished. Not only the style but the contents of the book is titillating and it arouses the curiosity page after to know what has happened next. To my mind his ‘3 mistakes of my life’ is one his best books. The literature, as I think, is not meant only for the entertainment it must also provide food for thought. A good literature needs to be reme...