Justice Kannan's Legal speak

Introduction Look at a world where the assumptions are: All lawyers lie; auditors fudge accounts; civil contractors use substandard materials; corporate hospitals loot; doctors are negligent; politicians plunder; shopkeepers cheat. The boast however is, ’Only I am different. I do not do any wrong but others do.’ If we must limit our analysis to what pervades our courts in our search for truth and justice, we will come by a shocking revelation that very few believe truth is attainable. The judicial system is not engineered to securing truth at all times. The provisions for reviews before the same court and appeals and revisions in higher forums are attempts to substitute what the first court found as true or just to something of what you believe to be true or just. If the appellate court reverses the judgment on a question of fact, it, in effect, finds error in what the lower court found as true. If a further appeal restores the first court's finding, it means that the 1st...

Basic structure of the Constitution, is it sufficient guarantee to preserve its ideals? Positioning judiciary Fewer institutions in the world are as strong as Indian Courts. Both in terms of performance and non-performance, Indian courts occupy the highest positions. To-day there are a 4.64 million cases pending all across India in all the High Courts. We have disposed of 124,960 in just one month in February 2010. There are 31.86 million cases pending in all district and taluk level courts and we have disposed of 1.51 million cases just last month. The Supreme Court has 60,469 cases pending on 1.3.2020. Courts vie with politicians in hogging the headlines in both print and electronic media. The basic structure doctrine of what the Supreme Court as articulated puts the judiciary at a high pedestal to look up to know what the desideratum is, the irreducible minimum as it were, on what the constitutional architecture rests on.   It is a manner of understanding how the legislat...