Don't Be Overwhelmed By Precedents

This is the fifth post of the series 'Advice to Young Judges'. It advises them that the precedents are good guide, but judges may not permit precedents to choke their intelligence. 

RM Sahai J. with his son and family

Advice to Young Judges

Judges Have Difficult Job।। Act Without - Pressure, Fear, Expectation।। Decide Without Favour।। Adopt More Active Role।। Don't Be Overwhelmed By Precedents।। ।।

Adopt More Active Role

This is the fourth post of the series 'Advice to Young Judges'. It invites them to adopt more active role like King Solomom in deciding disputes.

The Judgement of Solomon - a story from the Hebrew Bible. Picture - Courtesy Wikipedia

Advice to Young Judges

Judges Have Difficult Job।। Act Without - Pressure, Fear, Expectation।। Decide Without Favour।। Adopt More Active Role।। ।। ।।

Decide Without Favour

This is the third post of the series 'Advice to Young Judges'. It invites them to act like Bharti, when she was requested to judge the debate between her husband Mandan Mishra and Adi Shankaracharya.

Bharti presiding over the debate between Mandan Mishra and Adi Shankaracharya - Painting courtesy Smt. Indira Singh w/o Late Lt. Gen Vijai Singh, Retd. Vice Chief of Indian Army

Act Without - Pressure, Fear, Expectation

This is the second post of the series 'Advice to Young Judges'. It invites them to decide like Lord Atkin or HR Khanna J. as they did in their famous minority judgements in Liversidge v. Anderson and ADM Jabalpur v. Shiva Kant Shukla.

The biography of Lord Atkin, written by Geoffrey Lewis, is worth your time and money.  

Advice to Young Judges

Judges Have Difficult Job।। Act Without - Pressure, Fear, Expectation - Lord Atkin, HR Khanna J.।। ।।

ADVICE TO YOUNG JUDGES

Judges Have Difficult Job

This is the first post of the series about the advice to young judges on whose shoulders lie to rekindle the judiciary and restore the faith of the people.

ADVICE TO YOUNG JUDGES

Judges Have Difficult Job।। ।। Be Open Till The End।।

OLD IS GOLD

This post talks about a very old but still relevant advice to young lawyers. It is contained in 1875 Tagore Law Lectures and was always given by my grandfather and father. But before I tell you about it, a bit about us.

My Grandfather Keshav Chandra Singh Chaudhary and My father Virendra Kumar Singh Chaudhary in our house at 37, Tashkent Road, Allahabad in 1970

Good Judges – Open Till The End

A Judgement is not final till it is signed and sealed. It is important for a judge to be open till it is sealed. 

This post explains the same with an incident, at an early stage of my career, from the court of Satish Chandra J. (01-09.1924 – 24.01.2000). He was a judge of the Allahabad High Court, when I joined the Bar and retired as the Chief Justice of the Calcutta High Court on 31st August 1986. 

ISAAC ASIMOV: It's Been a Good Life

It is a review of the autobiography of Isaac Asimov (January 2, 1920 – April 6, 1992) ‘It's Been a Good Life’ edited by Janet Jeppson.

The Court of Last Resort

This post is review of Edgard Award Winner book 'The Court of Last Resort: The True Story of a Team of Crime Experts Who Fought to Save the Wrongfully Convicted' written by Erle Stanley Gardner.

TATA STORIES - Jubilee Diamond

 This post is review of the book 'Tata Stories' by Harish Bhat.

This post is review of the book 'Erwin Schrodinger and the Quantum Revolution' written by John R Gribbin.

AMU Case - Eight Point

The post below explains submits that the long-standing case may not be overruled, with the help of a famous quote from Spiderman comic.  

Spiderman - Image by Mike McKone and Morry Hollowell / Marvel Comics

ALIGARH MUSLIM UNIVERSITY AND MUSLIM RESERVATION

Introduction।। Points Involved in the Case।। Institution Should Be Established and Administered।। AMU Established by the Principal Act।। AMU Not Administered by Minority।। Legislature Can Not Reverse Decision।। Article 30 - Electoral And Not Numerical Minority।। 1981 Amendments Are Arbitrary।। 1981 Amendment is Against Secularism।। Long Standing Decision May Not be Overruled।। Bourbaki & Zero।।

AMU Case - 7(b)th Point

In 1981, amendments providing the University to mean the educational institution of their choice established by Muslims is also against secularism as enshrined in the Constitution. The post below explains this. 

Green coloured countries States with no state religion. Red coloured countries are States with state religion. Light grey coloured countries are ambiguous states or no data - Picture courtesy Wikipedia.

ALIGARH MUSLIM UNIVERSITY AND MUSLIM RESERVATION

Introduction।। Points Involved in the Case।। Institution Should Be Established and Administered।। AMU Established by the Principal Act।। AMU Not Administered by Minority।। Legislature Can Not Reverse Decision।। Article 30 - Electoral And Not Numerical Minority।। 1981 Amendments Are Arbitrary।। 1981 Amendment is Against Secularism।। Long Standing Decision May Not be Overruled।। Bourbaki & Zero।।

AMU Case - Sixth & seven (a)th Point

In 1981, amendments were made in the Aligarh Muslim University Act broadly providing the University to mean the educational institution of their choice established by Muslims. This post explains that this amendment is arbitrary and ultra-vires the Constitution.

Sir Syed Ahmad Khan, the founder of Aligarh Muslim University - Picture Courtesy Wikipedia

ALIGARH MUSLIM UNIVERSITY AND MUSLIM RESERVATION

Introduction।। Points Involved in the Case।। Institution Should Be Established and Administered।। AMU Established by the Principal Act।। AMU Not Administered by Minority।। Legislature Can Not Reverse Decision।। Article 30 - Electoral And Not Numerical Minority।। 1981 Amendments Are Arbitrary।। 1981 Amendment is Against Secularism।। Long Standing Decision May Not be Overruled।। Bourbaki & Zero।।।।

AMU Case - Fifth Point

This post explains that the word 'minority' in Article 30 of the Constitution envisages electoral minority and not numerical minority.

ALIGARH MUSLIM UNIVERSITY AND MUSLIM RESERVATION

Introduction।। Points Involved in the Case।। Institution Should Be Established and Administered।। AMU Established by the Principal Act।। AMU Not Administered by Minority।। Legislature Can Not Reverse Decision।। Article 30 - Electoral And Not Numerical Minority।। 1981 Amendments Are Arbitrary।। 1981 Amendment is Against Secularism।। Long Standing Decision May Not be Overruled।। Bourbaki & Zero।।

AMU Case - Fourth Point

This post explains that legislature may change a basis of a decision but cannot reverse it.

ALIGARH MUSLIM UNIVERSITY AND MUSLIM RESERVATION

Introduction।। Points Involved in the Case।। Institution Should Be Established and Administered।। AMU Established by the Principal Act।। AMU Not Administered by Minority।। Legislature Can Not Reverse Decision।। Article 30 - Electoral And Not Numerical Minority।। 1981 Amendments Are Arbitrary।। 1981 Amendment is Against Secularism।। Long Standing Decision May Not be Overruled।। Bourbaki & Zero।।

AMU Case - Third Point

 

AMU - Logo - Wikipedia

This post explains that Aligarh Muslim University is not administered by a minority.

ALIGARH MUSLIM UNIVERSITY AND MUSLIM RESERVATION

Introduction।। Points Involved in the Case।। Institution Should Be Established and Administered।। AMU Established by the Principal Act।। AMU Not Administered by Minority।। Legislature Can Not Reverse Decision।। Article 30 - Electoral And Not Numerical Minority।। 1981 Amendments Are Arbitrary।। 1981 Amendment is Against Secularism।। Long Standing Decision May Not be Overruled।। Bourbaki & Zero।।

AMU Case - Second Point

This post explains that the Aligarh Muslim University was established by Muslim University Act, 1920 (the Principal Act).

Straghey Hall, Aligarh Muslim University, Aligarh

ALIGARH MUSLIM UNIVERSITY AND MUSLIM RESERVATION

Introduction।। Points Involved in the Case।। Institution Should Be Established and Administered।। AMU Established by the Principal Act।। AMU Not Administered by Minority।। Legislature Can Not Reverse Decision।। Article 30 - Electoral And Not Numerical Minority।। 1981 Amendments Are Arbitrary।। 1981 Amendment is Against Secularism।। Long Standing Decision May Not be Overruled।। Bourbaki & Zero।।

AMU Case - First Point

This post explains that in order to take advantage of Article 30 institution should be Established & Administrated.

ALIGARH MUSLIM UNIVERSITY AND MUSLIM RESERVATION

Introduction।। Points Involved in the Case।। Institution Should Be Established and Administered।। AMU Established by the Principal Act।। AMU Not Administered by Minority।। Legislature Can Not Reverse Decision।। Article 30 - Electoral And Not Numerical Minority।। 1981 Amendments Are Arbitrary।। 1981 Amendment is Against Secularism।। Long Standing Decision May Not be Overruled।। Bourbaki & Zero।।

POINTS INVOLVED IN THE CASE

This post is about the points involved in the AMU reservation case. 

ALIGARH MUSLIM UNIVERSITY AND MUSLIM RESERVATION

Introduction।। Points Involved in the Case।। Institution Should Be Established and Administered।। AMU Established by the Principal Act।। AMU Not Administered by Minority।। Legislature Can Not Reverse Decision।। Article 30 - Electoral And Not Numerical Minority।। 1981 Amendments Are Arbitrary।। 1981 Amendment is Against Secularism।। Long Standing Decision May Not be Overruled।। Bourbaki & Zero।।

AMU, Muslim Reservation - Introduction

This series is about my submissions before seven judges' connotational bench regarding reservation for Muslim candidates in MD for Muslims in Aligarh Muslim University (The AMU) 

Aligarh Muslim University (AMU)

ALIGARH MUSLIM UNIVERSITY AND MUSLIM RESERVATION

Introduction।। Points Involved in the Case।। Institution Should Be Established and Administered।। AMU Established by the Principal Act।। AMU Not Administered by Minority।। Legislature Can Not Reverse Decision।। Article 30 - Electoral And Not Numerical Minority।। 1981 Amendments Are Arbitrary।। 1981 Amendment is Against Secularism।। Long Standing Decision May Not be Overruled।। Bourbaki & Zero।।

Bourbaki & Zero

This post is about Andre Weil's autobiography, The book 'The Artist and the Mathematician: The Story of Nicolas Bourbaki, the Genius Mathematician Who Never Existed' by Amir D Eczel, Dr. Banwari Lala Sharma and the group 'Zero in the lines of  Bourbaki in the Allahabad University.

The group photograph is of the participants in a conference of Algebraic and Differential Topology in February 1988. Dr. Banwari Lal Sharma is sitting second from right, Dr. Pramila Srivastava is sitting on extreme left, Dr Ramji Lal is standing on the last row and is second from left, my wife Neeta is sitting on the ground and is second from right.