Democratic Institutions

Under the Constitution, Parliament is entrusted with the responsibility of making laws. At times an easier route to change the legal jurisprudence to sail with the interests of the establishment seems to be through the judiciary. https://countercurrents.org/2024/03/changing-face-of-law-the-judicial-route/ 

 The Covid epidemic and the draconian powers under the Disaster Management Act were opportunistically used to repeal 29 legislations providing protection to workers like the Industrial Disputes Act, 1947, Factories Act and Minimum Wages Act. However, the judiciary had been changing the very face of industrial jurisprudence over the past thirty years. The courts had been quietly jettisoning well established principles like reinstatement with back wages in cases of wrongful dismissal of workers. The judges moved the law towards “hire and fire policy” being the prerogative of the employers, eroding protections and security of service of workers and employees and refused to interfere in cases of disproportionate punishments like dismissal for trivial acts of misconduct. The principles of ‘Equal work for equal work’ and abolition of contract labor for permanent work were steadily diluted by the courts.

by Rakesh Shukla

08/03/2024

चंद्रचूड़ की नाक के नीचे इतना बढ़ कांड कैसे हुआ ?Supreme Court reprimanded for not listing Adani Power https://www.youtube.com/watch?v=HrUew3WcYMQ DESH NEETI 24 Jun 23

अडानी को किसने बचाया? सुप्रीम कोर्ट में बड़ा खुलासा ! supreme court on adani latest news. https://www.youtube.com/watch?v=zSJiGc_Axwc

Supreme Court raises eyebrows over failure to list Adani Power case https://www.barandbench.com/news/supreme-court-adani-power-case-listing-dushyant-dave
"Assistant Registrar said he has orders not to list. If government is behind this then it is contempt," Senior Advocate Dushyant Dave told the Court today.

The Adani matter mentioned today concerns allegations by the Jaipur Vidyut Vitran Nigam Limited that an application by Adani Power was listed before the Supreme Court despite a final judgment in the main case.

Meanwhile, the controversy led another petitioner who was present in the courtroom to inform the Court that he was facing a similar issue. "This PIL concerns 20 crore people, has to be heard. It was supposed to be listed on two weeks, it has been eight. Why is this happening?" the petitioner submitted.

Prashant Bhushan Writes To SC Registry Alleging Irregularities In Listing Of UAPA Pleas Before Justice Bela Trivedi   Sheryl Sebastian 8 Dec 2023 9:https://www.livelaw.in/top-stories/prashant-bhushan-writes-to-sc-registry-alleging-irregularities-in-listing-of-uapa-pleas-before-justice-bela-trivedi-243992 The cases challenge the invocation of the Unlawful Activities (Prevention) Act, 1967 (UAPA) against journalists and lawyers regarding their fact-finding report on Tripura riots.

CJI Chandrachur को हटाने की साजिश रची जा रही ?? Letter is an insult to judges  https://www.youtube.com/watch?v=WQ7MQG8hTcg  : Dushyant Dave 

DESH NEET Jayesh Mehta Tweet https://twitter.com/JMehta65/status/1769711199086842232 How can the #CJI behave in this manner?
SG is presenting his arguments before him and without adjourning, he and other judges simply walked away..
This is gross humiliation and insult to the Govt of India..
All the judges including the CJI Chandrachud, should be hauled up and, forced to resign by the President of India.
Totally mannerless and ARTOGANT this man Chandrachud is..
He and other judges are taking vengeance against the Govt of India..
I will be shortly post a thread listing reasons, behind this attitude of judges..

Senior Lawyer Criticizes Letter; Why Master of Roster Silent?   https://www.youtube.com/watch?v=AjX_crV-tdU 

Law Chakra

Sabse Bada Sawal : ‘सुप्रीम’ रोक के बावजूद क्यों छापे गए इलेक्टोरल बॉन्ड ? | Garima Singh | News 24  https://www.youtube.com/watch?v=fWf9GcLZQNs 

after 15th Feb verdict.. days later new bonds were printed. indicating preparations for a possible 20,000 C worth bonds

There is a hierarchy of norms for the governance of our society and the Constitution is at the top of it. https://thewire.in/law/there-is-no-lack-of-judicial-power-in-india-just-a-refusal-to-act-on-it 

Yet our Constitutional rights as citizens now appear to be unenforceable. Our elected representatives now treat the Constitution not as a normative and enforceable document but as a political document alone, a statement of intent to be enforced selectively at its discretion.

It is this approach to the Constitution that the court has been unable to correct and on which it has failed to demand accountability.

In 2023, the Supreme Court failed to protect electoral democracy, the health of our economy, our own health, federalism, and the fundamental rights of citizens.

Whether it was demonetisation and its impact on the country, the right of our elected representatives to remain in office without being subjected to Operation Lotus, or the disappearance of a state and its conversion to a Union territory, the court deferred to the wisdom of the government of the day, sometimes explicitly stating that it was not the function of the court to interfere with government policy or under the doctrine of not wanting to enter the “political thicket” laying claim to work on the theory of separation of powers.

by Indira Jaising

05/01/2024