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Author Name: Anil Divan
Publication Year: 2016
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The book covers a number of articles by the author. The Second Edition contains three new biographical sketches - Justice J.S. Verma, Justice V.R. Krishna Iyer, and Shanti Bhushan. The Second Edition contains several new articles. Two articles- “A Trojan Horse at the Judiciary’s Door” and “Upholding Judicial Independence” relate to the tension between the Executive & the Judiciary and analyses the provisions of the Constitutional Amendment and the Judicial Appointments Commission Bill (JAC Bill) sponsored in the Rajya Sabha by the former UPA Government. The article on CBI advocates an independent constitutional status for the CBI if it is to be free from political interference. The article on death penalty raises the question whether a death penalty executed against a terrorist is counterproductive. “Criminal defamation” abolished in many countries, requires India to follow in their footsteps. “Gay Rights are Human Rights” is critical of the Supreme Court judgment which reversed an internationally acclaimed judgment of the Delhi High Court decriminalising Section 377 IPC in case of adult consensual sex in private. The Convocation Address builds upon anecdotal events containing lessons for young lawyers. In “Restrict Foreign Access to the Bar”, it is argued, that it requires a strict court monitored structure.
Anil Divan started his practice on the Original Side in the Bombay High Court in 1951 and was designated as Senior Advocate by the Bombay High Court in 1972. In 1979, he shifted his practice to the Supreme Court. Anil Divan has argued many pro-bono public interest litigation in the Supreme Court, including the Pensioners’ case (D.S. Nakara v. Union of India, 1983) for Common Cause. He was appointed Amicus Curiae by the Supreme Court in the public interest litigation involving high level political and bureaucratic corruption in the Jain Hawala case (Vineet Narain v. Union of India, 1998); the Chandraswami case (Anukul Chandra Pradhan v. Union of India); and the Indian Bank Scam case (Dr. Subramanian Swamy v. Director CBI). He has also appeared in the Shriram Fertilizer case and the Bhopal gas leak case for the respective corporations. He appeared for the Bar Association of India, challenging the Constitution 99th Amendment and the NJAC Act, which were invalidated and declared unconstitutional by the Supreme Court. He is currently appearing in the Black Money case filed by Ram Jethmalani and others. Anil Divan was elected as President of LAWASIA (1991-93) and is a member of the International Law Association (ILA) and has served on its Water Resources Committee and Bio-technology Committee. He is currently the President of the Bar Association of India. Anil Divan has been conferred Doctor of Law honoris causa by Ravenshaw University, Orissa (2009); and the “Naitik Samman” presented by the President of India Dr A.P.J. Abdul Kalam on behalf of the Gulzari Lal Nanda Foundation (2004).
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