Lawfully Yours: By Retired Justice K Chandru | Neither Supreme Court nor Union cabinet bound to act on the President's queries
Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court Do you have a question? Email us at citizen.dtnext@dt.co.in
Retd Justice K Chandru
Neither Supreme Court nor Union cabinet bound to act on the President's queries
Is the Supreme Court bound to respond 'positively' to Presidential queries? Are such queries treated as consultation in good faith, submitted for the top court's advice as matters of public importance or a Presidential veto to maintain the balance between the judiciary and the executive?
- Mohana R, Chitlapakkam
The questions for which the President had sought advice from the Supreme Court (only on cabinet approval, the President has the power to do anything) can be answered by referring to the judicial decisions of the apex court from the Shamsher Singh case of 1974 till the State of Tamil Nadu case of 2025. The court can also choose to refuse to answer these questions if it desires. Even if it does reply, they will be considered as opinions and would not be binding on anyone. Such is the situation for the cabinet as well. If the queries are replied to, the cabinet is not bound to take up action based on the opinion. This, anyway, is a wasteful exercise, and only a battery of lawyers can make more money in arguing this matter.
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Fake lawyers outnumber bona fide ones; Bar Council should first stop 'using' them
The issue of lawyers with fake degrees or advocates involved in fraudulent activities has come under the scanner of the Supreme Court after the apex court itself was cheated by one such con artist. Bar councils and other stakeholders have been warning that the issue of people posing as lawyers or those who acquired such degrees through fraud is more rampant than it is perceived to be. As the ugly phenomenon mars the justice delivery system, what do you think could be the best way to weed out the fakes from the originals?
N Manickavasagam, Medavakkam, Chennai
Today, fake lawyers can easily outnumber the bona fide, licensed ones. Despite the Supreme Court ordering the verification of the credentials presented by the enrolled lawyers at intervals, at times even extending the deadline for the task, the Bar Councils have not shown the same enthusiasm for this assignment. A major reason behind this is that the same fake lawyers had voted and thrust them into power in the Council. Another unfortunate outcome is that the Bar Council shoots down any supervising body being constituted to watch over their action. Hence, it is high time that the top court takes action to counter fraud activities and, if necessary, appoint a supervisory committee to take on the verification process to vet out impostors.
