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Collegium System: Imperfect but Indispensable for Judicial Independence—Insights from Justice Surya Kant’s US Address

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 By Abhishek Jat, Advocate Justice Surya Kant, a sitting judge of the Supreme Court of India and the next Chief Justice-designate, recently delivered a series of significant addresses in Washington State, USA, focusing on the evolving landscape of judicial appointments and the role of technology in the legal system. Speaking at Seattle University’s Roundglass India Centre, Justice Kant openly acknowledged the ongoing debate over the collegium system, which governs the selection and transfer of judges in India’s higher judiciary. While he recognized that the system is not without its flaws, he firmly maintained that it remains a vital mechanism for upholding the independence of the judiciary by shielding it from external, particularly executive, influence. Justice Kant emphasized that recent reforms and transparency initiatives by the Supreme Court reflect a growing commitment to public accountability and trust in the judicial process. In his remarks, Justice Kant stressed the impor...

P. Rathinam v. Union of India (1994): A Landmark Judgment on Mental Health and Decriminalization of Suicide

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  P. Rathinam v. Union of India (1994): A Landmark Judgment on Mental Health and Decriminalization of Suicide Author: Abhishek Jat, Advocate Introduction The case of P. Rathinam v. Union of India (1994) stands as a seminal decision in Indian constitutional law, particularly in the realm of mental health and criminal jurisprudence. This ruling by the Hon’ble Supreme Court of India questioned the constitutionality of Section 309 of the Indian Penal Code (IPC), which penalized attempted suicide. By interpreting the scope of fundamental rights, the Court took a progressive step toward decriminalizing suicide attempts, highlighting the necessity of a humane approach to mental health concerns. Historical and Legal Background Section 309 of the IPC, a relic of colonial legislation, imposed criminal sanctions on individuals who attempted suicide. The provision was inherited from British legal frameworks, which traditionally viewed suicide as an offense against the state. However...