Thursday, 31 October 2019


The Constitution vests a lot of power and certain amount of immunity in judges. Fairness and impartiality are the fundamental qualities to be possessed by a judge. Once it appears to the judge that he cannot deliver justice in an impartial manner, ethically he is expected to recuse. The right to recuse is given to the discretion of the judges. But the question that arises is whether such choices of significance be left to the prerogative of the individual judges. 
  • Judges recuse themselves when they take no part in deciding cases that they would otherwise help decide. The judges to recuse themselves from cases where the judge has a financial interest in the case's outcome or where there is otherwise a strong possibility that the judge's decision will be biased. 
  • Any party in a lawsuit may request that a judge recuse him or herself.
  • This question is the pondering of circumstances where an act of recusal becomes a contravention to that judge’s legal responsibility and moral duty to hear a matter and deliver unprejudiced justice.
  • Also, are the judges accountable for explaining the reasons for recusal to the concerned parties?
  • The professional ethics behind recusal of a judge has to do with the opacity about the reasons as to which the recusal has happened. Since India is a liberal democracy, the citizens expect accountability from public servants. By not giving reasons to recusal the judge is putting herself under speculation by the public. 
  • If a judge finds out that his brother/ sister judge recused for a specific reason, there could be an inclination from the new judge to give a favorable verdict for the party in whose favor the other judge recused.
  • Recusal is not an instance where the judiciary is under threat as the aggrieved party would like to know why a judge has recused.
  • Judges must give their reasons in writing for recusing themselves from specific cases.
  • There has to be a requirement of statutory obligation on the judges to inform the litigants as to why there is a decision to recuse from hearing. Recusal should be used sparingly like the emergency provision in the Indian Constitution.
In a 1980 appeal against Shell and BP, in England, in which “the registrar of civil appeals was unable to assemble three judges who had no shares in either defendant.” Invariably, therefore, when a judge owns shares in one of the litigants what we expect is disclosure of the fact, and if neither party objects one might think it’s acceptable for the judge to hear the case. But in the absence of a well-defined rule that helps establish a basic standard, a decision of this kind can prove troubling somewhere down the line.

Independence and impartiality are the twin pillars without which justice cannot stand,
and the purpose of recusal is to underpin them - 
Sir Stephen Sedley

Wednesday, 23 October 2019

Indian economic recession

In the budget, the FM Nirmala Sitharaman claimed that India’s economy would hit $5 trillion by 2025. In the weeks that followed, GDP growth rater fell to a six-year low of 5%; the RBI made a surplus transfer of Rs 1.76 lakh crore to the union government; and the government announced the merger of ten public-sector banks into four combinations. These announcements came against the backdrop of the precarious state of the Indian economy. The country is witnessing an economic slowdown that has spread from the auto sector to all other segments, the unemployment rate is at a 45-year high and the tax collections from the previous fiscal year presented an estimated shortfall of Rs 1.67 lakh crore from the revenue expected by the BJP government. The going seems difficult for both Sitharaman and the Indian economy.
  • The RBI has lowered India's growth forecast for FY20 to 6.1% from 6.9% it projected earlier. The World Bank has cut India's GDP growth forecast from 7.5% to 6% this year.
  • India is a consumption-driven economy. When consumers buy goods and services, the wheels of the economy turn. That has not been happening for several quarters and for various reasons.
  • Fewer jobs (at 6.1% in 2017-18, unemployment was the highest in 45 years), a freeze in salary hikes and bonuses, layoffs and uncertainty in businesses are making people cut down on spending.
  • Incomes and wages in rural India, where 67% of India's population lives, have been hit because of low food prices. Agriculture GDP grew just 2% in the first quarter of the current fiscal, compared to 5.1% in the same quarter of the previous fiscal.
  • Consequently growth in private consumption expenditure is down to an 18-quarter low of 3.1% in June 2019. Savings declined to an all-time low because of static or falling incomes.
  • Construction, which is a big employment generator, is decelerating because of the slump in real estate. Exports fell 6.57% in Sept 2019 compared to a year ago. Discoms are groaning under a combined debt of over Rs 2.4 lakh crore. Corporate sector revenue growth fell to an 11-quarter low and investments plunged to a 15-year low.
  • The banking and financial services sector is in a mess. There is liquidity, but no loans are being given. Banks are tottering under a mountain of NPA's of close to 10% of their total assets. They are fearful of giving fresh loans in case they add to their woes. Non-banking financial companies, which are a major source of consumer loans, are in a mess of their own and unable to extend credit. And the string of collapsing financial institutions has further sapped consumer confidence in the system.
  • The government's rescue acts like slashing corporate tax rates and unprecedented interest rate cuts by the RBI seem to be yielding no results in the short term.
  • These are exceptional times and they call for exceptional measures. Indian government could take cue from the US Federal Reserve spent nearly 800 billion dollars to pre-empt an imminent economic meltdown in 2008.
The Indian economy is in a vicious downward spiral and the Modi government needs to stop worrying about the fiscal deficit & inflation etc and start pouring money into the economy to stimulate growth. They need to put money in people's pockets in every way they can. This appears to be the only way to get the jammed wheels of the economy moving again.

Tuesday, 8 October 2019

N.Ambika, DCP North, Mumbai - The real story

N.Ambika, DCP North, Mumbai

N Ambika was just 14 years old when she got married to one of the Police constable at Dindikal, Tamilnadu, even she was a victim of Child Marriage. But she didn’t blame the system for her marriage. At the age of 18 she blessed with a 2 daughters Aigan and Niharika.
Ambika’s husband works as a Police Constable in TN Government, one fine day he leaves his home early to attend a Parade program and the guest were followed by the IG and DG of the respective locality. Ambika was curious about the honouring and respect given for the DG and IG, and the same day when her husband arrives back home, she questions him about the DC and IG, when her husband says that he is the rank 1 officer for our department, a dream arises in the Ambika’s mind that even she wants to become that level of officer.
But Ambika was married at a very small age, she couldn’t even complete her SSLC, but her husband supports her dream, and advices her to take the external SSLC, later she even completes external PUC and Degree. She requests with her husband that she want to move to Chennai for the IPS coaching, can he make a arrangement of the PG facility, Ambika’s husband was very cooperative for all her works and he used to support her in all the ways. He makes a PG facility for her in Chennai and makes all other facility for her IPS Coaching.
Even after lot of efforts, Ambika fails to clear IPS in 3 attempts, her husband comes back to her and advise her that come back to his place and also says that government has given me know Accommodation facility and by the time I get retire even I will be having 2 stars on my shoulder.
Ambika listens patiently to her husband words and replies give me one-year time, if I wouldn’t pass, I will come back and after this much struggle at least i could work as a Teacher in some school. In the fourth Attempt, Ambika clears IPS prelims, Mains and Interview.
After clearing IPS in 2008, she gets into training provided by the Department, In training she was a Batchmet of Ravi D Chennanavar DCP Bangalore, he used to say about her in the camps, how attentive and brave she was in the training moment.
Ambika now works as a DCP North 4 division in Mumbai. If Ambika would blame her parents on that day for child marriage then she wouldn’t become DCP today. So instead of blaming the system or people, make an attempt to come outside of that system and try to change the system.
By this today Ambika has become a role model for many and there are many Ambika hidden who are reading this story, be brave and start the journey towards your destiny.