Reign of Justice
It’s for the first time in the history of our planet that the entire Humankind is together and is focused on fighting with one problem.
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In the tapestry of legal history, there are moments that echo with resonance, revealing the courage of those who refuse to be silenced. Consider the words of Francis Bacon, who likened judges to “Lions under the throne,” guardians of justice and truth. Yet, as time unfurled its chapters, another narrative emerged. In the famous Second World War case of Liversidge v Anderson, where Lord Atkin delivered his powerful dissenting speech, he commented on the arguments of the lawyers and stated that this level of reasoning would have been acceptable to the Court of Kings Bench in the time of Charles I (a monarchy) but not in a democracy! sadly, this reasoning was accepted by all of his brother judges. The subjective interpretation adopted by his brother judges who were then pleasing to politicians provoked a letter to Lord Atkin from Mr Justice Wintringham Stable. The letter expressed approval of Lord Atkin’s dissent, and then added:
The Hon’ble Supreme Court in the case of Indra Sawhney & Ors. Vs. Union of India & Ors, reported in 1992 Supp.(3) SCC 217, held that Article 16(4) of the Constitution does not permit reservations in the matter of promotion. Thereafter, the Constitution (Seventy-Seventh) Act, 1995 came into force on 17.6.1995. Later on, the Hon’ble Supreme Court in the cases of Union of India & Ors. Vs. Virpal Singh Chauhan & Ors., reported in (1995) 6 SCC 684, Ajit Singh Januja & Ors. (Ajit Singh-I) Vs. State of Punjab & Ors., reported in (1996) 2 SCC 715 and Ajit Singh (II) & Ors. Vs. State of Punjab & ors., reported in (1999) 7 SCC 209, introduced the catch-up rule and held that if the senior general candidate is promoted then he will regain his seniority on promotion post above junior reserved promotes. It was also held that consequential seniority on promotion post is not covered by Article 16(4A).
Continue reading “‘Catch-Up’ principle and ‘Consequential Seniority’ in Promotion”
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