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Deepak Joshi Profile picture
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22 Apr, 5 tweets, 2 min read
HCs were sitting at odd hours to manage the situation. SC merely issues notice & posts the matter tomorrow. Why not today? Why not post lunch? What's the use of such suo motu cognizance?! Remember, Delhi HC sat twice yesterday, once at 9:30 PM!

Farcical. That's all!
The stand of Union is very clear. Ld. SG Mr. Mehta stated that they will inform the court about the notice. Clearly not thwarting proceedings before HCs. SC didn't even bother to clarify (as of now) that proceedings before HCs to continue till tomorrow at least. Oh God no! Nooo!!
I have had n number of messages for #OxygenShortage since morning. Where will the hospitals & people go today?! They will be conveniently told by the SG & state counsels to wait till tomorrow. Damn it! This is criminal! Does the SC know about local industry?! How will they help?!
Clearly thwarting*
As I had feared, AG informs about the order. Thankfully, the high court is not relenting.

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More from @ideepakjoshi

Deepak Joshi Profile picture
22 Apr
The text of the order is troublesome on many levels. You would ask why?

Here's an attempt to answer. Trust me, it gives me no pleasure but this needs to be said & explained (howsoever good the SC's intentions are).

So here goes: (1/n)
1. SC notes, without any medical opinion on record that Covid can be treated *only* by drugs like Remdesivir.

This is contrary to WHO's opinion which clearly says there is no such evidence, it only helps a very small subset.

This observation overhypes the drug. (2/n)
2. Can't believe the SC notes that panic "has been generated". It gives an impression that the situation is by and large normal. But it's a manufactured or generated panic. Could have gone with "there is panic" maybe?

I'll nonetheless give SC the benefit of doubt. (3/n)
Read 7 tweets
Deepak Joshi Profile picture
26 Nov 20
On #ConstitutionDay2020, let's go back to Constituent Assembly Debates when fiscal provisions of the Constitution were debated. Last 5 minutes of the day were remaining & the President asked if anyone wants to speak. One Mr. K. Santhanam seized the opportunity. (1/n)
He made an important point on the financial relation b/w Centre & States. As if having a premonition, he made the famous "beggars at the door of the Centre" remark. Of course, the context was different but the concerns remain relevant even today - GST, tax devolution, etc. (2/n)
Recent difficulties faced by States are actually forcing the States to be "beggars at the door of the Centre". Santhanam's prophecy has been fulfilled. What was opposed during the debates has been made part of the working of the constitution now.
#ConstitutionDay2020 (3/3)
Read 4 tweets
Deepak Joshi Profile picture
24 Jun 20
Lets take a little walk through the history of reporting of decisions to understand this phenomenon (now rendered obsolete). The practise of reporting decisions through private law journals has thrived ever since the establishment of legal system in British India.
1/n
The initiative was taken by lawyers & judges in furtherance to the theory of precedent. One can find law reports from 1774 (SC at Cal) through the Sadar Adalats to the HCs in 1860s. Please remember all of this was through private enterprising lawyers & judges.
2/n
Then came a tactonic shift in 1875 when at the instance of Sir James F Stephens, the Indian Law Reports Act was passed. He was responsible for codification of Indian laws, more famously for Indian Evidence Act, 1872.
3/n
Read 11 tweets

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