On 13th April, the former Chief Minister of Delhi, Shri Arvind Kejriwal, argued his case in the High Court of Delhi for the recusal of Justice Swarna Kanta Sharma from hearing his case. In a lengthy argument of more than an hour, he raised ten points as to why she should not hear the case. The most damning ground was that, since she is sympathetic to the philosophy or ideology of a particular party, which is his political enemy, he has genuine reasons to believe he will not receive fair justice from the court presided over by her. He specifically mentioned that she has attended four programmes of Adhivakta Parishad, which is closely linked with the Bharatiya Janata Party, which is hostile to him and his party. Shri Kejriwal wants a judge of impeccable integrity to hear his case and decide the matter. Justice Sharma has reserved the order.
Sunday, April 19, 2026
Justice must not only be done, but must also appear to have been done
Procedure is the First Casualty in Allahabad High Court
The recent proceedings before the Allahabad High Court in the alleged dual citizenship case against Rahul Gandhi offer a troubling reminder: in moments of urgency, it is often procedure that is sacrificed first—and with it, the legitimacy of the outcome.
At the core lies a
simple, non-negotiable rule: audi alteram partem—no one should be
condemned unheard. Yet the initial direction to register an FIR appears to have
been issued without hearing the person most affected. The Court’s subsequent
recall of its own order was not just corrective; it was necessary. But the question
lingers—how was such a lapse allowed to occur at all?
Equally concerning is
the route taken. After the trial court declined relief, the petitioner bypassed
the statutory mechanism under the Code of Criminal Procedure, 1973 and moved
the High Court directly. The Supreme Court of India has repeatedly cautioned
against precisely this practice. High Courts are not meant to be first-stop
forums for FIR registration; they are constitutional courts of last resort.
This was never a
routine criminal complaint. Allegations involving citizenship—particularly
those tied to foreign documentation—demand careful investigation, evidentiary rigour,
and procedural discipline. Short-circuiting that process risks turning serious
legal questions into spectacles.
To be clear,
constitutional courts do have the power to direct registration of an FIR. But
that power is exceptional, not every day. When exercised without due caution,
it blurs the line between judicial oversight and executive function.
What ultimately saved
the situation here was timing. The order was reconsidered before it was signed.
Had it been finalised, the Court would have become functus officio, and
the path to correction would have been far more complex.
The larger lesson is
straightforward: substance cannot come at the cost of process. If allegations
are serious, they must be investigated thoroughly and impartially. But that
investigation must begin the right way, through the right forum, and with the
right safeguards. Because in the rule of law, how you proceed is often
as important as what you decide.
Monday, March 23, 2026
Abdul Basit must be sent to a mental asylum
Anyone
who has seen the rubbish talk of Abdul Basit, the former envoy of Pakistan to
India, will hardly doubt that he has gone mad and needs to be admitted to a
mental asylum. Look at what he says: if there is any attack by the USA on
Pakistan’s nuclear installations, Pakistan must first attack Delhi and Mumbai.
This reveals his insanity, Jihadi mentality and diabolical hatred for India. It
appears that he is unaware that ‘Operation Sindoor’ has only been suspended,
not stopped.
Pakistan’s
image is of a beggar country. No organisation or country is willing to lend
even loans or alms to this ungrateful nation. In the name of Islam, it has
entered into a mutual aid cooperation with Saudi Arabia. Still, it has not even
spoken a word against the bombardment of oil installations by Iran in Saudi
Arabia. Pakistan has been carrying out terrorist explosions in India, but now
receives the same reply from Afghanistan, and no country is coming to help her,
knowing her history of dishonesty. Pakistan is untrustworthy to its own
co-religionists and friends. This beggar cannot go against the USA, and at the
same time, it can never ignore its co-religionists. The killing of Osama Bin
Laden from its military garrison is a glaring example of Pakistan’s treachery.
The
days are not far off when Pakistan will be disintegrated into at least four
parts. Its nuclear projects will be destroyed by none other than the Baloch,
Sindhis and Pashtuns. It is said that India-haters like Abdul Basit get more
support from India than anywhere else, so it is necessary to identify such
snakes and punish them.
Thursday, March 19, 2026
The Supreme Court to Clarify the Definition of “Industry”
New Delhi, IFWJ Headquarters
Circular No. 5/2026
Comrades,
The Nine-Judge Constitution Bench of the Supreme Court
of India has concluded three days of hearing in
Bangalore Water Supply and Sewerage Board v. A. Rajappa
and State of U.P. v. Jai Bir Singh.
Your organisation, the Indian Federation of Working
Journalists (IFWJ), presented its submissions through the Secretary-General,
who is also an Advocate-on-Record before the Supreme Court of India.
The IFWJ strongly emphasised the Triple
Test theory of “industry”, as laid down by Justice V. R.
Krishna Iyer in the landmark seven-judge bench decision of 1978. The test lays
down three essential conditions:
1.
Systematic Activity – The
activity must be organised and structured (e.g., factory, hospital, educational
institution).
2.
Employer–Employee Relationship
– There must exist cooperation between employer and employees, irrespective of
profit motive.
3.
Production/Distribution of Goods or
Services – The activity must aim at satisfying human wants or
needs, including sectors such as healthcare, education, and transport.
Justice Krishna Iyer had also clarified those sovereign
functions of the State—such as police, judiciary, and core governmental
functions—as well as domestic services, fall
outside the scope of “industry.”
The IFWJ highlighted that, from the perspective of
workers, the nature of the institution—whether
charitable, religious, or educational—is immaterial. For
instance, if hundreds of workers are engaged in preparing laddoos
for the Tirupati Temple, they should be afforded protection under labour laws,
just like workers in any commercial establishment. Similarly, a driver’s
entitlement to protection should not depend on whether he is employed by a
school, a factory, or any other institution.
Following the decision in Bangalore Water Supply,
several cases raised concerns about the breadth of the definition. In State
of U.P. v. Jai Bir Singh (2005), a Constitution Bench referred the
issue to a larger bench. Subsequently, in 2016, then Chief Justice T. S. Thakur
recommended that the matter be placed before a Nine-Judge Bench.
After nearly four decades, the present Chief Justice has
constituted the Nine-Judge Bench to finally settle the law. A definitive and
authoritative interpretation of “industry” is now expected.
The IFWJ also opposed the subsuming of the Working
Journalists Act under the Occupational Safety,
Health and Working Conditions Code, 2020, and advocated for an
expanded scope to include journalists working in electronic, digital, and
social media.
The Bench is headed by the Chief Justice of India and
comprises Justices B. V. Nagarathna, P. S. Narasimha, Dipankar Datta, Ujjal
Bhuyan, Satish Chandra Sharma, Joymalya Bagchi, Alok Aradhe, and Vipul M.
Pancholi.
Thanking you,
With greetings on the occasion of Navratri and Eid al-Fitr.
Sincerely yours,
Paramanand Pandey
Monday, March 2, 2026
Judiciary is, without doubt, neck-deep in corruption and needs to be cleaned
A few of my friends have drawn my attention
to my earlier post that the credibility of the judiciary is at its ebb,
although it still enjoys more trust from the people than any other organs of
governance. A harassed person, tired of everywhere, has nowhere to go except
the judiciary to get some relief. But it is equally true of other departments.
For example, corruption in hospitals and in the field of medicine is known to
everybody, yet we still go to hospitals, private clinics and doctors, knowing
the fact that a common man is bound to be cheated by them, but they still go to
them because there is no alternative left for them.
So much so. Even in the field of education,
a common person is cheated. They know it, but there is no alternative as the
TINA factor works. Most of the good schools and educational institutions not
only charge hefty fees but also demand huge donations for admissions. Teachers
do not properly teach the students, driven by the greed of earning money in the
name of private tuition. But even then, one sends their children to the schools
and institutions at the pain of extortion by them. Therefore, it makes no sense
that courts are still considered the last hope of the general public. But then,
it does not mean that courts should not be subjected to public criticism,
When speaking of the judiciary, we do not
mean only the High Courts and the Supreme Court. There is hardly any doubt that
the system is neck-deep in corruption. Go to any district or Tehsil, where you
cannot get even the next dates of hearings or any basic information without
bribing the clerks, who sit barely a few feet away from the seat of the judges.
Corruption in the judiciary does not mean only the judges of the higher
judiciary; it concerns the entire system of the judiciary, including orderlies
and clerks to judges. Therefore, the judges should not be unnecessarily
thin-skinned; instead, they should seriously consider how to restore the
people's confidence.
The trust and respect of the common man
cannot be restored by instilling fear among them by using the sword of contempt
of the court, but by removing the drawbacks and dirt, which are there to be
seen by one and all. Cleanliness in the judicial system is the need of the
hour, but it cannot be achieved by keeping all the doors and windows tightly
shut. It can be done only by involving the common man.
Thursday, February 26, 2026
Judiciary suffers from a deep crisis of credibility
Friday, February 13, 2026
Almost Nil Impact of Bharat Bandh Call of Trade Unions
On February 12, Jantar Mantar in New Delhi served as a focal point for a major gathering as part of a nationwide general strike (Bharat Bandh). Unfortunately, the gathering drew fewer than 500 people. These people were presented as workers, but most were college students. The demonstration was organised by a joint platform of over 10 Central Trade Unions (CTUs), including CITU, AITUC, and INTUC, as well as the Samyukt Kisan Morcha (SKM). This dismal demonstration by the Trade Unions further proves that workers are no longer interested in their tall talk, as the Unions have miserably failed to protect the interests of the working class in India. Things have also changed. There are now a negligible number of workers. Their way of working has changed. They have become habituated to the new facilities. Therefore, they cannot be herded like the workers of the eighties or even the nineties.
The protesters called
for the repeal of the four new labour codes, the restoration of MGNREGA (which
they claim has been undermined by recent acts), and the withdrawal of the
Electricity Amendment Bill and the Draft Seed Bill. These Trade Unionists are themselves
unaware of the nuances of the new labour codes. It will, therefore, be
advisable for trade unionists to organise a refresher course on the new labour
codes, where they can invite young professionals such as Yajat Kumar of the
LLR, the grandson of the legendary lawyer, the late HL Kumar.
Impact of the Strike
The overall impact of
the Bandh calls across Delhi and the rest of the country was muted. The strike
had some impact in states like Kerala, where public transport and banking were
somewhat disrupted. In other regions such as West Bengal and Gujarat, life
remained largely normal. Public sector banks saw partial disruptions in some
places, as major unions like AIBEA joined the strike, affecting cheque
clearances and counter services in several branches.
Tuesday, February 10, 2026
Three Generations of Legal Excellence: The Evolution of Labour Law
The legacy of the late Shri
H.L. Kumar, the legendary lawyer and founding editor of the prestigious Labour
Law Reporter (LLR), continues to reach new heights through the dedicated work
of his son and grandson. Gaurav Kumar and Yajat Kumar have taken up the mantle,
ensuring that the foundation laid by the patriarch remains a cornerstone of
Indian jurisprudence while evolving for a modern era.
The Dual Pillars of the
Kumar Legacy
The family's contribution to
the legal field now operates through two strategic strengths:
• Gaurav Kumar: Continues the tradition of rigorous advocacy,
focusing on high-stakes litigation and landmark cases in the Supreme Court and
High Courts.
• Yajat Kumar: Has emerged as a "beacon light" for
the media and industrial sectors, bridging the gap between complex statutory
requirements and practical corporate application.
A Visionary in Legal
Consultancy
Recently, the younger Kumar
was bestowed with the "Industry Change Makers Award," a rare
distinction instituted by India’s leading publications, The Economic Times and
The Times of India. This accolade recognises Yajat Kumar as a premier employment
law consultant, a title reserved for those who demonstrate exceptional
leadership and a transformative impact on their field.
In many circles, it is
whispered that Yajat has become the "New H.L. Kumar," not only
matching the brilliance of his grandfather but surpassing traditional
boundaries to meet the needs of a globalised workforce.
The Recognition: Why he is a
"Change Maker"
The award specifically
acknowledged Yajat’s role in reshaping the industry through:
• Strategic Guidance: Navigating intricate employment issues
with surgical precision.
• Balanced Advocacy: Championing robust legal frameworks that
harmonise the interests of both employers and employees.
• Thought Leadership: Driving the editorial vision of LLR to
remain the most trusted resource for legal professionals and HR practitioners.
Mastery of the New Frontier
Perhaps Yajat Kumar’s most
significant contemporary contribution is his profound clarity regarding the
Four New Labour Codes. As these codes come into force, his "incredible and
excellent" understanding has made him an indispensable asset to organisations
struggling to navigate the transition.
His dedication to legal
excellence and innovation ensures that the Kumar name remains synonymous with
the highest standards of Indian labour and employment law.
Thursday, February 5, 2026
Social Media: An Unguided Missile Needing Regulation
The growth of responsible media is welcome; no other medium disseminates information or commentary with such speed. However, information circulated on these platforms must often be taken with a pinch of salt. Frequently, we are bombarded with fabricated narratives driven by purveyors with their own axes to grind. These individuals often fail to realise the damage they inflict on the credibility of information and the reputation of the media itself.
The root of this
anarchy is a lack of binding ethics or values. While self-regulation is often emphasised,
it remains, in reality, a charade. Unlike traditional media, social media lacks
a "gatekeeper," making it a double-edged weapon. Artificial
Intelligence, otherwise immensely useful, has further empowered bad actors to
distort facts and manufacture narratives that suit their agendas.
Just today, we
witnessed a prime example of this: a deluge of social media posts claiming that
the West Bengal Chief Minister—a law graduate from a lesser-known
college—argued the "SIR" (Special Intensive Revision) case in the
Supreme Court with the prowess of a senior counsel. Viral photographs depicted
her in an advocate’s robes, cementing this false narrative.
The truth, however, is
legal and distinct. She appeared before the Court only as a party in person, a
right permitted under Indian law. As a matter of fact, no Minister or Chief
Minister can appear in court as an advocate.
This prohibition is
grounded in Rule 49 of the Bar Council of India Rules, which states that an
advocate shall not be a full-time salaried employee of any government or
corporation. If an advocate takes up such employment, they must suspend their
practice. While the Supreme Court has clarified that MPs and MLAs can practice
(as they are elected representatives, not employees), the position for Ministers
is different. Ministers hold an "Office of Profit" and perform
full-time executive duties; thus, they are precluded from practising law to
prevent a conflict of interest.
Despite this clear
legal position, fake news about her "brilliant advocacy" is being
peddled with reckless abandon. The reality of her performance was starkly
different. While she certainly addressed the court, her arguments were legally lacking
and, at times, frivolous. The language was untenable.
Ultimately, the issue
here is not the Chief Minister, but the medium. Her case is merely a symptom of
a larger malady. It is imperative that the government, in consultation with
responsible media organisations, evolve a robust regulatory mechanism to force
social media onto a path of accountability.
Saturday, January 31, 2026
Concerns Over the Notification of New UGC Rules
The new rules notified by the University Grants
Commission (UGC) on 13 January 2026 have generated significant debate and
criticism, particularly among some students from the general category. Several
groups argued that the framework could unintentionally create perceptions of
reverse discrimination. Protests were reported outside the UGC office in Delhi
and in other parts of the country, led by organisations such as the “Savarna
Sena.” Their principal concern was that the rules did not clearly specify a
parallel grievance-reporting mechanism for general category students and might
lead to an increase in complaints and administrative complications. The situation,
however, stabilised after the Supreme Court granted an interim injunction.
Critics contend that the rules appear to have
been notified without sufficiently wide consultation or careful evaluation of
their broader social and institutional impact. One major objection is the
expansion of coverage to include additional OBC categories without a publicly
presented body of evidence demonstrating widespread systemic discrimination in
every newly included group. Opponents argue that existing UGC regulations
already provide mechanisms to address harassment and discrimination, and that
strengthening implementation may have been preferable to expanding the
regulatory scope.
Some commentators also question whether the
policy debate has relied too heavily on a limited number of high-profile cases,
where facts and conclusions remain contested or complex. They suggest that
policymaking in this sensitive area should be grounded in comprehensive data,
transparent review, and stakeholder consultation across communities.
At the same time, supporters of broader
protections argue that discrimination can exist in varied forms and that
preventive frameworks are better created early rather than after patterns
become entrenched. This difference in perspective highlights the need for more
evidence-based dialogue rather than polarised reactions.
The broader philosophical concern remains: if
the long-term social objective is to move toward a casteless society,
policymakers must carefully assess whether expanding caste-based regulatory
structures helps reduce inequity or inadvertently reinforces social divisions.
Some earlier thinkers, including Chaudhary Charan Singh, had suggested that incentivising
inter-caste marriages could be a more enduring social reform measure. Such
proposals deserve renewed discussion alongside regulatory approaches.
Given the sensitivity of the issue, it would
be prudent for the government and regulatory bodies to revisit the rules
through wider consultation, clearer drafting, and stronger empirical
justification, while keeping the focus on fairness, social harmony, and
educational development.
Wednesday, January 28, 2026
Avoidable Controversy by Swami Avimukteshwaranand
The controversy raged by Swami Avimukteshwaranand during the Mauni Amavasya snan (bath) in the Sangam at Prayagraj was unjustified and could have been avoided. His claim to be Shankaracharya of Jyotirmatt is unique and remains contested. Each Shankaracharya is seen as the custodian of one Veda and one Mahavakya, ensuring the preservation of Advait Vedanta.
Although the sterling work for the Vedic religion
was done by Rishi Dayanand Saraswati, who was the founder of Arya Samaj, he
never favoured the system of Shankaracharya. The location of Jyotishpeeth is
Joshimatha in Uttarakhand, North. The Atharva Veda is attached to this Math,
and its Mahavakya is: Ayam Atma Brahma, i.e. This self is Brahman.
Sama Veda is associated with the Dwarka
Sharda Peetham of Dwarka in the West. Its Mahavakya is Tattwam Asi, i.e. Thou
art That. Govardhan Matt is situated in Puri of Odissa. Rigveda is associated
with it, and its Mahavakya is Pragyanam Brahma, which emphasises that Consciousness
is Brahman, which means pure awareness itself is the ultimate reality. The
highly respected Sringeri Sharda Peetham is located in the South at Sringeri of
Karnataka, and it is the custodian of the Yajurveda and the Mahavakya is Aham Brahmasmi,
i. e. I am Brahman, which is a direct realisation of one’s identity with
Brahman.
Together, the four Mahavakyas form a complete philosophical system, emphasising
the non-dual identity of
Atman (Self) and Brahman (Absolute Reality). This
structure also explains why the Shankaracharyas are revered not just regionally
but are considered guardians of the entire Vedantic tradition. Their contribution, however, to the betterment of
society has been next to nil as compared to the Arya Samaj.
It was Swami Brahmananda Saraswati,
who revived Jyotirmath in 1941. This Jyotirmatt was without any Shankaracharya
for centuries. After his death, Swami Shantanand Saraswati was appointed, but many disciples rejected his
claim. Swami Vishnudevanand Saraswati
also claimed the seat, leading
to decades of disputes. Swami
Swaroopanand
Saraswati, a disciple of
Brahmananda Saraswati, eventually asserted authority and was widely recognised,
though not without opposition. Swami Avimukteshwaranand Saraswati, Swaroopanand’s
disciple, was declared successor in 2022, but his claim is being legally
contested by Swami Vasudevanand Saraswati, a disciple of Swami Shantanand.
Swami
Avimukteswaranand could have won the hearts of the people by his conduct, but
he always appears to be in a pugnacious mood, giving rise to one or the other
controversy.
Sunday, January 18, 2026
Religious Bigotry: A Mark of Backwardness
Every society and
religion has faced social evils, but progressive communities have always
embraced reform. For instance, Hindu society once struggled with practices such
as child marriage, sati, and dowry. These customs, though deeply entrenched,
were eventually abolished through legislation and widespread public support.
Similarly, Muslim
societies have grappled with harmful practices such as Triple Talaq, Halala,
and restrictive interpretations of the Hijab. While some of these issues have
been addressed through reform laws, what remains troubling is the resistance
from certain community leaders who oppose change. Practices like Misyar
marriages among Sunnis and Mutah marriages among Shias persist in some
regions, highlighting the need for continued reform.
The eradication of
such evils depends on the spread of scientific education and rational thought.
Reformers in India raised their voices against sati, child marriage, and dowry,
leading to laws that were widely accepted without opposition from Hindu religious
leaders. In contrast, within Islam, reform efforts often encounter resistance
from fundamentalist and radical elements.
A striking example
comes from Turkey under Mustafa Kemal Atatürk, who sought to modernise society
and limit religious conservatism. He famously criticised the hijab, calling
women in veils “walking tents.” His reforms, however, faced strong opposition,
including the Khilafat movement, which was ironically supported by leaders like
Mahatma Gandhi despite its regressive stance.
Figures such as
Maulana Mohammad Ali Jauhar and Shaukat Ali spearheaded the Khilafat movement, prioritising
religious orthodoxy over social progress. The establishment of institutions
commemorating such leaders raises questions about the true spirit of
secularism.
It is tragic that
nations like Turkey and Iran—once seen as pioneers of reform—have regressed
into regimes dominated by religious bigotry. Social reform must never be
obstructed by religious obscurantism. Leaders and followers of all faiths must
adapt to the pace of modern times. Societies that resist progress are destined
to remain backward in every sphere of life.
Wednesday, January 7, 2026
Judicial Criticism and the Limits of Public Discourse
It is a settled
principle of law that once a judgment is delivered, it enters the public
domain. Citizens, scholars, and practitioners are free to analyse, appreciate,
or criticise it based on their understanding. Such engagement enriches
jurisprudence and strengthens democratic debate. However, there is a crucial
boundary: while judgments may be critiqued, motives must never be attributed to
the judges who delivered them. To do so undermines judicial independence and
erodes public confidence in the institution.
Unfortunately,
contemporary discourse often blurs this line. Instead of analysing judgments on
their merits—examining statutory interpretation, precedent, or reasoning—many
commentators resort to questioning the personal background or alleged biases of
judges, Justice Aravind Kumar
and Justice NV Anjaria. This trend is not only
intellectually shallow but also corrosive to the majesty of law.
The recent cases of Sharjeel
Imam and Umar Khalid, accused under the Unlawful Activities (Prevention) Act
(UAPA), illustrate this problem. Bail under UAPA is exceptionally stringent:
courts must be satisfied that there are no reasonable grounds to believe the
accused is guilty of terrorism-related offences. This makes bail far harder to
obtain than in ordinary criminal cases. By contrast, parole—such as that
repeatedly granted to Baba Ram Rahim—is a different legal mechanism altogether.
Parole is a temporary release of a convict already serving a sentence, usually
for humanitarian reasons such as illness, family emergencies, or education. It
is granted by administrative authorities, not directly by courts, though courts
may intervene if parole is denied arbitrarily. Furlough, distinct from parole,
is a routine break granted for good conduct.
Thus, comparing bail
under UAPA with parole for convicts is legally unsound. The two operate under
entirely different frameworks, purposes, and thresholds. When biased commentators equate these distinct legal processes or attack
judges personally, they mislead public understanding and weaken respect for
judicial institutions. Criticism of judgments is welcome; scandalising judges
is not. The judiciary’s authority rests on public trust, not coercive power. If
this trust is eroded by reckless commentary, the rule of law itself is
imperilled. Courts have the power to initiate contempt proceedings against
those who scandalise or lower the authority of the judiciary. While suo motu
action is exercised sparingly, there is a strong case for vigilance against
commentators who substitute serious legal analysis with personal attacks.
Protecting judicial dignity is not about silencing dissent—it is about ensuring
that dissent remains within the bounds of reasoned, lawful discourse.
