Lucknow Bench - Historical Necessity

This is the third post of the series 'LegalTrek'. The last post was about, how Allahabad High Court was established and this post is about why there is a bench of the Allahabad High Court at Lucknow.

Lucknow Bech Allahabad High Court - courtesy Allahabad High Court official website

LegalTrek

How I Became A Lawyer।। Allahabad High Court Is Born।। Lucknow Bench - Historical Necessity।।

Allahabad High Court Is Born

This is second post of the series 'LegalTrek'. The last post was about, why I became a lawyer and this post is about how the Allahabad High Court  was established.

LegalTrek

How I Became A Lawyer।। Allahabad High Court Is Born।। Lucknow Bench - Allahabad High Court।।

 

LegalTrek - How I Became A Lawyer

Allahabad High Court was established in 1866. This year is one hundred and fiftieth year of its existence. On this occasion Allahabad High Court has planned a year long activities. It kicks off today, among others, in the presence of the President and the Chief Justice of India.

On this occasion, I plan to write a series titled 'LegalTrek'; about the incidents and cases that in a way shaped the Court's as well as my life. Perhaps, this may be useful, instructive. However, in between the posts of the series, there would be other posts as well. 

This post is about, why I chose  the professional of law.

Allahabad High Court - From centenary volume

LegalTrek - Personal

Life is Full of Surprises।। How  I Became A Lawyer।। Allahabad High Court Is Born।।

EUTHANASIA AND CONSCIENCE TO KEEP

Euthanasia, mercy killing, assisted suicide, physician aid in dying is debatable issue. Even if it is desired by the person concerned, it poses moral dilemma for those who have to take the decision. In our country, it is punishable and this question is referred to the constitutional bench in Common Cause vs Union of India 2014 SC (Supp) 1456 = 2014(5) SCC 338 after disagreeing with Aruna Ramachandra Shanbaug Vs Union 2011(4) SCC 454 = 2011 CrLJ (Supp) 301. The bench has sought the views of the government on the same. The following article considers the debate, moral dilemma, and law of the other nation in this regard. It also takes into account the latest decision of the Canadian Supreme Court in Carter Vs Canada upholding such right.

Aruna Ramchandra Shanbaug - picture courtesy Wikipedia

NATURE IS ASYMMETRICAL

The debate about gay rights is again heating up. The present Finance Minister, previous Home Minister have come out openly in its support and a prominent Congress MP has tweeted that he has moved a private member’s bill to decriminalize consensual sex between adults of any gender (partial amendment of section 377 Indian Penal Code).

In early 1990's I had written an article in support of gay rights. It was an inter disciplinary study, connecting gay rights with conservation of parity and Right-Left Symmetry. It also dealt with the Wolfendem Committee; its recommendation for decriminalisation of Homosexual behaviour in England and similar laws in other parts of the world. But it was not published by any magazine or newspaper - the idea was too bold for those times. Then it was published in my book 'A Lawyer's World and Childhood dreams'. Here it is, after updating the contents since then.

The article deals with Law as well as physics. Not many are interested in details about both fields. But in case you are, in any one or both of them then details are in the Endnotes.  

SUGGESTIONS FOR IMPROVING COLLEGIUM SYSTEM

Here are some suggestions that the Supreme Court should consider for improving ''Collegium System'.

Picture courtesy - Offcial website of the Supreme Court

NIGHT DRAMA THAT SUCCEEDED

Kalyan Singh was the Chief Minister of Uttar Pradesh and Romesh Bhandari was the Governor. He,  illegally dismissed the Kalyan Singh Government on 21^st February, 1998.  A writ petition was filed the same night and he was reinstated. This is the only time that the a deposed head of a State was put back in saddle by the court. Here is the account of the same. 

Raj Bhavan Lucknow, where impugned order was passed - courtesy official website of the Raj Bhavan

The writ petition at the Allahabad High Court was filed in the name of Dr. NKS Gaur, an MLA from Allahabad North and Minister of Higher Education in UP, but for the sake of convenience, the case is referred as 'the Kalyan-Singh case'.  

During my tenure as a judge, it has been matter of speculation/ complaint how I became Additional Advocate General and why was this case entrusted to me. This is explained in Appendix-I to this article. In order to complete the picture, Romesh Bhandari's perspective is mentioned in Appendix-II.