The Supreme Court of India has been reduced to an elitist institution. While it hears the elite class of lawyers—who are, almost in their entirety, the kith and kin of judges, senior lawyers, and powerful politicians—for hours and hours and days on end on fancy issues like the denial of entry to women of menstruating age, which is a matter of faith on the ground that the deity at the Sabarimala temple is a naishtika brahmachari, the common man's cases are dismissed in 93 seconds by one-line, non-speaking orders. The bar, which was the third estate in the times of Blackstone, has been reduced to a bunch of sycophants. If you watch the proceedings of the Supreme Court, which you can online now, you can see for yourself the levels of sycophancy in vogue.
The bar was the judge of the judges, but it is not any longer. Divide et impera—divide and rule—is a policy which the British had successfully practiced. The same policy is adopted by the judges. In the Supreme Court, there are three classes of lawyers, and subclasses within those classes. A petition can be filed only through an AOR (Advocate-on-Record). They, I am sorry to say, are domesticated animals, to be at the beck and call of judges. The other two categories are designated seniors and non-designated seniors. Then come the nepo babies, designated as Senior Advocates even at the age of 34—for instance, in the case of Singhvi. Among the designated ones, there are also many subcategories: Category A, B, C, etc.
Most of you who have watched the proceedings of the Supreme Court online would have understood anything other than "My Lords" and "I bow down." Tushar Mehta is the master of the art of "bowing down."
There is yet another class: the PIL (Public Interest Litigation) petitioner-advocates. They are the most powerful. The judges owe to them all the powers which they claim to enjoy today. The PILs reduced the Parliament to an inferior tribunal and the Supreme Court to a supreme legislature, executive, and adjudicator all at once. The scenario today is akin to the powers enjoyed by the Pope during the Dark Ages. The Pope claimed infallibility, saying he was guided by the Holy Spirit. The Supreme Court today says that the basic structure theory gives them the power to quash and set aside even constitutional amendments on matters of legislative policy involving no fundamental rights, as in the case of the NJAC brought to replace the Collegium—a synonym for nepotism brought into existence by rewriting the Constitution.
The National Lawyers Campaign for Judicial Transparency and Reforms, I would say, is the people's movement for reforms—nay, the "Cockroaches Janata Party," to use a metaphor.
Jai Hind.
Client: “Sir, simple civil case hai bas ek property ka matter.”
Case file: 2000 pages, multiple wills, 5 co-owners, partition suit, one stay, 30 year old revenue records, old Khasra/khatauni/chakbandi records and 3 diff jurisdictions.
Me: “Haan ji, bilkul straight forward”
Most people don’t lose because the law is against them. They lose because they sabotage their own case through inaction, ego, or misplaced confidence.
Matrimonial litigation needs clarity, strategy, and timely
Don’t wait. Consult early. Act smart.
🧵 1/ It still amazes me how in so many DV matters, the complaint is used almost like a weapon against everyone in the husband’s family, as if they’re a package deal.
If you fight these cases properly, most get thrown out even at a preliminary stage.
6/ Honestly, if you put focus on:
•no domestic relationship
•delay in allegations
•omnibus/vague accusations
•burden of proof despite DIR
•maintenance issues even at ad interim stage
most of these cases can be knocked out before they even get going.