Reality Check India

Arguing social justice ..

Posted in Uncategorized by realitycheck on January 9, 2014

Just want to record this tidbit in the context of the ongoing ruckus in Madras High Court regarding shortlist of additional judges.

Since Justice Prakash belongs to Brahmin community, it may not be proper to argue social justice before the bench.


This followed a ‘memo’ presented by S. Prabakaran, counsel for R. Gandhi, seeking change of bench because one of the judges on the present bench, Justice P. N. Prakash is a Brahmin and the..


This is the first instance where a judge has had to recuse himself or herself from a case owing to a lack of jurisdiction across communal lines. A logical progression of this is that “social justice” cases affecting inside groups cannot be fairly heard by judges belonging to outside groups.

We just dropped 10 rungs on the 20 rung rule of law ladder.


Justice PN Prakash was earlier opposed due to being from Kerala


3 Responses

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  1. Paancha Janyan (@PaanchaJanyan) said, on January 9, 2014 at 7:13 am

    I have two doubts:
    1. Can a litigant choose a judge to decide on his/her case?
    2. Is the Honourable Judge’s act of withdrawing from the case in these circumstances, especially when no personal motive or benefit is implied, correct and valid in law?

  2. NK Sarma (@nandakumarm) said, on January 10, 2014 at 3:52 am

    these are the kind of lawyers TN produces these days. This quality reflects in judges also, there is a good write up on quality of TN lawyers and judges in vigilonline. I think they will one day ask for different courts for different communities.
    In US, defendant and the prosecutor have rights to choose the jury, but not the judge. In India, nobody has right to choose the judge, but they can petition to request for a different court on the grounds of biased atmosphere, external influence on witnesses, defendant etc. But no right to attribute bias on sitting judge.

  3. pp_chn (@pp_chn) said, on January 12, 2014 at 2:24 am

    Looks like we are reverting to the original caste setup, when people were tried by their peers from same caste. What is missing? the Rules that governed each caste. Its high time rule of law is abandoned. We cannot / should not have same rules for everyone. Case in point : Sanjay Dutt.

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