Shalu Nigam

  Hail Patriarchy! Of Supreme Judges And Elite Law 07 November 2015 S ince the Supreme Court of India pronounced its verdict in the matter of Supreme Court Advocate on Record Association versus Union of India also commonly known as NJAC judgement where the court consisting of five judges bench by the majority declared the National Judicial Appointment Commission to be formulated under the 99th Constitutional amendment as unconstitutional, a debate has been initiated. Opinions are expressed in favor and against it, and a fierce discussion has been initiated regarding the manner in which transparency and accountability may be maintained while appointing judges. However, the Supreme Court of India on November 3, 2015, moved ahead and conducted a hearing to work on suggestions to strengthen the Collegium system. By coincidence or by choice, I somehow got the chance to be present in the courtroom where these proceedings were conducted. The room was packed with advocates, senior advocates, e

  Fighting for the Justice in the Patriarchal Courts 29 August 2017 The last few days witnessed the pronouncement of several significant celebrated judgments by the courts in the cases relating to the right to privacy, triple talaq, and the sentencing of a 20-years life term to a self-proclaimed Godman who raped women. All these three cases, somehow uphold people’s trust in courts as the custodian of the rule of law. Even otherwise, in normal parlance in India, courts are considered a temple of justice as well as the custodian of constitutional values by the common people. The courtroom is a space where domination and oppression are challenged and social as well as economic and political justice is facilitated. The prime duty of the court, hence, is to uphold the spirit of the constitution, the rights of people, and the rule of law. In fact, the democratic society places a high value on the independence of the judiciary. However, often, deeply embedded in the layered, hierarchical, pat