Eighteen months after his appointment as Solicitor General of India, senior advocate Rohinton Nariman has resigned from the post amid speculation that the decision came over his differences with the law ministry.
Senior advocate Rohinton Nariman is all set to be appointed as the new Solicitor General of India, the second senior most law officer of the country, in place of Gopal Subramanium, who quit recently.
Nariman received the Padma Bhushan in January 1991 and in 2007, he was awarded the Padma Vibhushan.
Former Supreme Court judge Justice Rohinton Nariman has warned that events similar to the Jallianwala Bagh massacre could occur if the 'basic structure' doctrine of the Constitution is diluted. In his new book, 'The Basic Structure Doctrine: Protector of Constitutional Integrity,' Nariman argues that the 1973 Kesavananda Bharati judgment, which established the doctrine, is essential for protecting fundamental rights and preventing constitutional amendments that could lead to such tragedies. Nariman's concerns are echoed by Supreme Court judge Justice K V Viswanathan, who applauds the book for its "chilling clarity" and underscores the importance of the Kesavananda Bharati ruling. The book provides a detailed analysis of the doctrine and its implications, highlighting the robustness of the Kesavananda Bharati judgment and the lack of a compelling alternative theory.
Away from the courtroom and legal circles, Nariman was a familiar figure for residents of Hauz Khas who would see him walk regularly, even in the cold winter months of December and January.
'There is a clear relationship between the Char Dham road widening and these landslides.' 'The situation has further worsened with the massive influx of tourists whose number are running into several lakhs per month.' 'No parameters have been laid down to control tourist inflow and the result is that the Char Dham yatra has seen a sharp escalation in accidents and loss of lives.'
The government on Monday told the Supreme Court that a high-level committee in its report has suggested that alternative alignment other than mythological Ram Sethu for Sethusamudram project was not economically and ecologically feasible.
Upset since appointment of Rohinton Nariman as the solicitor general of India last July from outside the hierarchy, Additional Solicitor General Mohan Parasaran has turned down the government's offer to renew his contract.
On Thursday, the Constitution Bench of Chief Justice Dipak Misra, along with Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra declared as unconstitutional the penal provision on adultery, saying it was manifestly arbitrary and dents the individuality of women. Here are highlights from their judgments.
Without issuing notice to the Centre, a bench of justices R M Lodha and A R Dave asked the petitioner to serve the copy of the petition to Attorney General G E Vahanvati or Solicitor General Rohinton Nariman saying it needs some necessary clarification on the issue.
Senior advocate Gopal Subramaniam on Wednesday asked the Chief Justice of India to withdraw the recommendation about his candidature as the judge of the Supreme Court.
The country's two top law officers Attorney General Goolam Essaji Vahanvati and Solicitor General Mohan Parasaran have tendered their resignations following the change in the government at the Centre.
What is the independence of the judiciary if independent and fearless judges are not being appointed, SC judge Rohinton Fali Nariman said.
The Supreme Court on Wednesday restrained all states from exercising power of remission for releasing convicts from jail who are serving life sentence and sought their response whether the Centre's nod was needed for the purpose in cases prosecuted by central agencies like Central Bureau of Investigation.
The controversy over appointment of Gopal Subramanium as judge of the Supreme Court took a new turn on Tuesday with the Chief Justice of India R M Lodha making it clear that segregation of his name was done "unilaterally" by the executive, which he said was "not proper".
The plant had been kept shut in violation of the order of the NGT and a subsequent interim order of the top court.
Thakur also said that more destruction, damage and bloodshed in this world has taken place on the account of religious beliefs.
Facing criticism from the Chief Justice of India over the Gopal Subramanium controversy, the government on Wednesday said it has the "highest regard" for the
"Day in day out there exists a misconception in the minds of people that judges stay in big bungalows, work only 10 AM to 4 PM and enjoy their holidays. Such a narrative is untrue," Chief Justice N V Ramana said on Thursday while paying glowing tributes to Justice Rohinton Fali Nariman on his superannuation after over seven years at the Supreme Court bench.
'Whatever duties I have to dispense off as a Speaker I will do the needful in accordance with the provisions of the law.'
Supreme Court judge Justice Rohinton Fali Nariman on Monday recused himself from hearing liquor baron Vijay Mallya's petition against the confiscation of his properties by the Enforcement Directorate.
'My belief that I could protect the Himalayas was shattered.'
'The Speaker has to act in an impartial way and in accordance with what the Supreme Court has laid out in its judgment.'
Delhi was just one riot. Add Bengal, Assam, Uttar Pradesh and you can count a few scores dead. It could, regrettably, be just the beginning of a very long, dark phase for India, notes Shekhar Gupta.
Here is the chronology of Supreme Court hearings in the right to privacy case.
Karnataka, West Bengal, Punjab and Puducherry took a stand opposite to the Central government which had said that Right to Privacy is a common law right and not a Fundamental Right.
If the apex court agrees to hear the petitions challenging the removal of Article 370, it would be interesting to see if there is an immediate status quo on further proceedings or if it will decide after hearing all the petitions, reports Aashish Aryan.
The NGT had constituted a committee headed by a former Uttarakhand high court Judge to monitor the project.
While seeking response from former Union minister and senior advocate Kapil Sibal, representing AIMPLB, the bench said, "Don't infer anything from our side."
The Supreme Court on Wednesday commenced the crucial hearing to examine the power of the Union and states to grant remission for releasing convicts whose death sentences are commuted to life term with the Centre asserting that the rights of the victims cannot be overlooked.
In a landmark judgment, after months of deliberations, the Supreme Court on Thursday struck down the Section 377 of the Indian Penal Code, which criminalised homosexuality. A five-judge Constitution bench, headed by Chief Justice of India Dipak Misra and comprising Justices D Y Chandrachud, Rohinton Fali Nariman, A M Khanwilkar and Indu Malhotra in its verdict said, "Criminalising gay sex is irrational and indefensible." Following this historic judgment, reactions poured in on Twitter, celebrating the verdict. Here are some of them.
'The cases have not reduced because the prosecution has found some other way to stop people from using their right to free speech.'
Attorney General K K Venugopal resumed his arguments before a nine-judge bench headed by Chief Justice J S Khehar, stressing that it was not a fundamental right.
In a meeting on Thursday evening, the RCom management, led by CEO Punit Garg, requested the bank representatives to release Rs 260 crore it received as I-T refund so that it could repay the dues to Ericsson.
'The nine judges with all their convictions, wisdom, intellectual girth and enlightened debate have not just stood up to the government but disempowered the State in favour of the people,' says Maheshwar Peri.
It would be perfectly possible for a rogue customer to disconnect a call and then claim compensation.
The court held that the states were not required to 'collect quantifiable data' reflecting the backwardness among these communities.
AG Venugopal asserted that right to privacy could not be bundled as a single right in a developing country like India where a few persons, claiming right to privacy, override the fundamental rights of 60-70 million people, who did not have access to basic amenities like food and shelter.
'I am more worried about the rainy season from June.' 'If you don't bury the COVID-19 dead properly, then rainwater will seep into the dead bodies and it will come to our locality where I fear more than 2,000 people will be affected.'
The man's Indian citizenship was denied on the ground of discrepancy in the name of his grandfather.