ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Articles By Judiciary

Hiring Reforms and the Composition of Lower Judiciary

In India, the lowest tier of the judiciary is recruited through competitive examinations held by the state’s high courts or public service commissions. Until 2002, there was a three-year experience requirement for applying to these positions. However, the Supreme Court decided to do away with the same, allowing recent graduates to apply for the judgeships. Examining the impacts of this change in the composition of district courts, it was found that the reform has lowered the age-at-entry of new judges by over 2.2 years, and improved women’s representation.

Of Judicial Courage in Testing Times

With respect to the independence of the judiciary, there is a tendency to conflate the independence of the institution with that of the individual in the institution. An independent judiciary requires not only systems and norms designed to prevent interference but also individuals prepared to uphold such independence at great cost. One such individual was Justice Syed Mahmood who served in the Allahabad High Court during British Rule.

How Did West Bengal Perform in the 'Firecracker Ban Test' amid COVID-19?

This article analyses what makes a social regulation like the firecracker ban in the state of West Bengal in India a success story such that it may be replicated by other states which are striving hard to curb air pollution levels and arrest rising pandemic cases amidst a festive season. The authors have examined the firecracker ban on the basis of Teubner’s Regulatory Trilemma and Parker and Braithwaite’s three principles to check whether it passes the tests of effectiveness, responsiveness and coherence. The article demonstrates how West Bengal has carved a new and expanded meaning of “performing regulation” in India by ensuring compliance through not just a threat of punishment but cooperation as well.

Criminalisation of Vimukta Communities: The Role of Police and Judiciary

The FIRs filed to regulate the sale and consumption of alcohol follow a curious template in Madhya Pradesh, our guests from today’s episode found. An FIR is likely to begin with a tip from an anonymous informant. Police officers would then reach the “crime site” and find that the accused does not have the appropriate licence to sell liquor. On paper, the section they are charged under is about regulating the sale of alcohol. In practice, however, our guests for today’s episode identify how this type of FIRs and subsequent legal proceedings reveal how power and control operate in India.

Debating Supreme Court Reform

US President Joseph R Biden’s newly set up commission to recommend reform of the United States Supreme Court has brought to the forefront the “political” role of constitutional courts. While the US Supreme Court inhabits a vastly different legal, constitutional and political sphere from its Indian counterpart, nonetheless there are interesting parallels given common shared values towards the independence of the judiciary and constitutional governance.