Class Notes 4 You

Courts as Guardian:            Lines:   Through its conduct, the SC has transformed itself from the protector of the rule of law into an enthusiastic abettor of its daily violation.      High court can review the constitutional amendment when amendment has impact on the functioning of state government. Pendency of cases:  National Judicial data grid: 3.3 cr cases pending in indian courts 58k-in-SC,49-lakh-in-HCs,2.93-in-subordinate-courts. HCs: 57-lakh-pending-cases 40%-vacancies Recently, Parliament amended law to increase strength of SC judges from 31 to 34 (Including the CJI) The SC (Number of judges) Act 1956, originally provided for a maximum of 10 judges.  A124 provides for less than 65 yrs of age as eligibility criteria. Consider enhancing this Preserve the Apex court’s primary role as ultimate arbitrator of constitutional questions and statutory interpretation.  Law commission report - suggestin...

Law: a tool of social control backed by the sovereign . (CJI NV Ramana) British colonial power- law as a tool of political repression - Rule BY Law, not of law. -> Freedom struggle -> Journey towards establishing Rule of Law. Covid backdrop: pause and analyse to what extent have we used Rule of law - to ensure protection, welfare Conceptions of Rule of Law: Law be clear and positive No secretive laws, no Ambiguous language Equality before law Gender Equality Prejudice and bias => injustice Right to participate in creation and refinement of laws Oath: " “ without fear or favour, affection or ill-will, ” Democracy: Julia Stones in 'The Province of Law' - elections, political discourses, criticism, voicing protests- integral to democracy Telegu Mahakavi Gurujada Appa Rao: “a nation is not merely a territory. A nation is essentially its people. Only when it's people progress, the Nation progresses”. Annual Report by Swedish V-Dem - ‘Autocratization goes viral’ ...