The Importance of Openness in Government- Views of Justice Bhagwati
This article is an edited excerpt from SP Gupta Judgement It is obvious from the Constitution that we have adopted a democratic form of Government. Where a society has chosen…
Should there be one-third of Judges in a High Court from Different States- SP Gupta Case
The Suggestion by States Reorganisation Commission The earliest point of time when this view was expressed by a high powered body was in the year 1955, when the States Reorganisation…
Appointment of Additional Judge- Origin of System
The power to appoint an Additional Judge in a High Court is to be found in clause (1) of Article 224 which reads as follows: If by reason of any…
The Origin of Collegium in India- SP Gupta Case
This article is an extract from SP Gupta Judgment. Law on this issue has been changed after this judgment. Entrustment of Power to Chief Justice of India and Chief Justice…
Who has the final voice in the appointment of Judges of High Courts and the Supreme Court? – SP Gupta Case
An Edited Excerpt from the Judgment of SP Gupta Case The Power of Appointment of Judges: Article 217 The power of appointment of Judges of the Supreme Court is to…
Can mandamus issue for fixation of strength of Judges in a High Court: SP Gupta Case
An Edited Excerpt from S.P. Gupta Judgment Article 216 We may first examine the true meaning and import of Article 216 which provides for the constitution of High Courts. This…
Judicial Duty: Upholding Social Justice in Modern Society
It is necessary for every Judge to remember constantly and continually that our Constitution is not a non-aligned national charter. It is a document of social revolution which casts an…
Locus Standi in cases of violations of Constitutional or Statutory Obligations- SP Gupta Case
Edited Excerpt from Justice Bhagwati’s Judgment in SP Gupta Case It is essential to the maintenance of the rule of law that every organ of the State must act within…
The Rule of Locus Standi in Writ Petitions as laid down in SP Gupta Case
Edited Excerpt from Justice Bhagwati’s Judgment in SP Gupta Case The traditional rule in regard to locus standi is that judicial redress is available only to a person who has…
Advisory Jurisdiction of Supreme Court- Provision and the extent of Advisory Jurisdiction
Provision Article 143 of the Constitution reads as follows: 143(1) If at any time it appears to the President that a question of law or fact has arisen or is…