One advantage of writing a belated obituary is that the writer can try to dig out what has been missed by others who had to write almost immediately after the eminent person’s passing. Justice Krishna Iyer’s passing on December 4 led some of his contemporaries and friends recall his unique contribution to the Supreme Court’s jurisprudence. In this piece, I reflect, on the basis of his autobiographical note, written in 2001 and available with Nehru Memorial Museum and Library, New Delhi, his judicial philosophy. What struck me most after reading this, and also George H.Gadbois, Jr.’s chapter on him, in his book, Judges of the Supreme Court of India: 1950-1989, was that Justice Iyer never wrote even one dissent during his term as the Judge of the Supreme Court, and that he personally disfavoured the idea of writing a dissent, finding no value in it. This can only mean that he either went along with the majority view, even if he held a contrary view, which he might have mildly expressed in a concurrent judgment, or succeeded in persuading his brother Judges on the Bench to endorse his interpretation of the law. In another piece, M.P.Raju, advocate, Supreme Court of India, describes Iyer as a Constitutional nationalist. Readers may be interested in reading both.
Summary: In Murti Devi & Anr. v Balkar Singh, the Jammu & Kashmir High Court denied maintenance to a woman in a live-in relationship after considering her male-partner’s conviction for...
Summary: This article analyses a recent High Court order quashing a rape complaint and imposing punitive directions against the complainant. It examines how the Court departs from settled limits on...
Summary: In this article, the author critically examines the recent advisory opinion of the International Court of Justice on state obligations concerning climate change, unpacking its doctrinal...
This blog examines whether ‘Shri Mata Vaishno Devi Institute of Medical Excellence’ qualifies as a minority institution under Article 30 in light of the Supreme Court’s AMU judgment. Applying the...
Summary: The persistent intrusion of work into personal time not only erodes an individual’s temporal boundaries, but also puts to test the inadequacies of the existing labour safeguards...
Summary: This article examines the discriminatory framework of the Maternity Benefit Act, 1961 which grants maternity leave to adoptive mothers only when the adopted child is below three months of...