Kaleeswaram Raj

Last updated

Kaleeswaram Raj
Born
Kerala
NationalityIndian
Occupation Lawyer
Years activePresent
Known forCivil, criminal and constitutional law

Kaleeswaram Raj is an Indian lawyer practising in the Supreme Court of India and the High Court of Kerala. [1] [2] [3] He has successfully argued for decriminalisation of the offence of adultery in India. [1] [4] [5] [6] [ non-primary source needed ]

Contents

Raj practises in the fields of civil, criminal and constitutional law. There are about five hundred reported judgments on which he is counsel of record. [7] Before the Supreme Court of India, in Joseph Shine v Union of India, [8] he appeared as the lead counsel for the petitioner. In that case, the top court of India struck down Section 497 of the Indian Penal Code, which criminalised adultery, as unconstitutional.

He also appeared before the Supreme Court of India in the Government advertisements case (2015), [9] Kerala Liquor Policy case [10] [11] [12] and National Highway liquor ban case (2017). [13] He was appointed as Amicus curiae in various cases. [14] He appeared for the victims of the endosulfan tragedy in the Kasargod district in Kerala. In that case the Supreme Court of India directed the Kerala Government to pay compensation to the child victims. [15] He has also argued in the Maratha reservation case in which the Constitution Bench of the Supreme Court set aside the reservation as excessive, illegal and unconstitutional. [16] [17] Raj has argued in the case relating to Freedom of Speech of public functionaries in which the Constitution Bench of the Supreme Court said that no additional restrictions can be imposed upon them, other than what is permissible under Article 19(2) of the Constitution. [18] He appeared before another Constitution Bench in Janhit Abhiyan Vs Union of India. [19] In this case the Supreme Court upheld the 103rd amendment to the Constitution that introduced quota for economically weaker sections. In Indian Medicines Pharmaceuticals Corporation Ltd Vs Kerala Ayurvedic Co-Operative Society Ltd & Ors, [20] where he was the respondent's counsel, the Supreme Court reiterated the need for transparent process of public tenders in the Government contracts.

The Supreme Court in Anoop Baranwal Vs Union of India ", [21] has accepted his contentions in support of the petitioners. In this litigation, the Constitution Bench of the court directed that an independent body consisting of the Chief Justice of India, Prime Minister and the Opposition Leader has to select the Election Commission of India. However, this judgment was later on nullified by the Parliament which enacted a law that excluded the Chief Justice from the selection Committee [22] .

Raj appeared for aggrieved candidates in Anoop M. and others Vs Gireeshkumar T.M and others, [23] where the court held that an instrumentality of the state like the Public Service Commission should maintain probity and transparency in their actions, without resorting to falsehoods before the court. Also, he appeared in State of Kerala & Ors Vs Durgadas & Anr [24] , where the top court said that employment in public service cannot be denied solely based on the allegations in a criminal case that ended in an acquittal.

Writing

Raj has written articles appeared in leading newspapers in India, including The Hindu, The New Indian Express , The Times of India , Deccan Herald and The Statesman, as well as journals such as Economic and Political Weekly , Frontline and Mainstream Weekly.[ citation needed ] He has also written in the law journals.[ citation needed ]

His published works in English include "Commentaries on Marumakkathayam law" [25] (1995, along with Ms. K.P. Suchitra), "The Spirit of Law" (2012), [26] "Rethinking Judicial Reforms: Reflections on Indian Legal System" ( 2017) [27] [28] and "Constitutional Concerns : Writings on Law and Life" (2022). [29]

Related Research Articles

<span class="mw-page-title-main">Supreme Court of India</span> Highest court of jurisdiction in India

The Supreme Court of India is the supreme judicial authority and the highest court of the Republic of India. It is the final court of appeal for all civil and criminal cases in India. It also has the power of judicial review. The Supreme Court, which consists of the Chief Justice of India and a maximum of fellow 33 judges, has extensive powers in the form of original, appellate and advisory jurisdictions.

<span class="mw-page-title-main">Indira Jaising</span> Indian lawyer (born 1940)

Indira Jaising is an Indian lawyer and activist. Jaising also founded Lawyers Collective, a non-governmental organization (NGO), the license of which was permanently cancelled by the Home Ministry for alleged violations of the Foreign Contribution Regulation Act in 2019. The Bombay High Court later passed an order to de-freeze NGO's domestic accounts. The case is ongoing in the Supreme Court of India.

<i>Kesavananda Bharati v. State of Kerala</i> 1970 decision of the Supreme Court of India

His Holiness Kesavananda Bharati Sripadagalvaru & Ors. v. State of Kerala & Anr., also known as the Kesavananda Bharati judgement, was a landmark decision of the Supreme Court of India that outlined the basic structure doctrine of the Indian Constitution. The case is also known as the Fundamental Rights Case. The court in a 7-6 decision asserted its right to strike down amendments to the constitution that were in violation of the fundamental architecture of the constitution.

<span class="mw-page-title-main">Shanti Bhushan</span> Indian politician and lawyer (1925–2023)

Shanti Bhushan was an Indian politician and lawyer. He served as the Law Minister of India holding office at the Ministry of Law and Justice from 1977 to 1979 in the Morarji Desai Ministry. He was a senior advocate of the Supreme Court of India. He, along with his son Prashant Bhushan, was featured at 74th position in a list of the most powerful Indians published by The Indian Express in 2009.

<span class="mw-page-title-main">Nambi Narayanan</span> Indian rocket scientist (born 1941)

Nambi Narayanan is an Indian aerospace scientist who worked for the Indian Space Research Organisation (ISRO). As a senior official at the ISRO, he was briefly in charge of the cryogenics division. He was awarded the Padma Bhushan, India's third-highest civilian award, in March 2019.

<i>State of Madras v. Champakam Dorairajan</i> Supreme Court of India decision

State of Madras v. Champakam Dorairajan is a landmark decision of the Supreme Court of India. This judgement led to the First Amendment of the Constitution of India. It was the first major judgement regarding caste-based reservations in Republic of India. In its ruling, the Supreme Court upheld the Madras High Court judgement, which in turn had struck down the Government Order (G.O) passed in 1927 in the Madras Presidency. The G.O had provided caste-based reservation in government jobs and college seats. The Supreme Court's verdict held that providing such reservations violated Article 29 (2) of the Indian Constitution.

<span class="mw-page-title-main">MediaOne TV</span> Indian television news channel

MediaOne TV is an Indian Malayalam-language television channel operated by Madhyamam Broadcasting Limited. The channel was licensed in September 2011 and was officially launched on 10 February 2013. The main studio is located at Velliparamba, Kozhikode, Kerala.

<span class="mw-page-title-main">Kesavananda Bharati</span> Indian Shankaracharya (1940–2020)

Kesavananda Bharati was an Indian Hindu monk who served as the Shankaracharya (head) of Edneer Mutt, a Hindu monastery in Kasaragod district, Kerala, India from 1961 until his death. He was the petitioner in Kesavananda Bharati v. State of Kerala, a landmark case that helped establish the basic structure doctrine of the Indian Constitution which guarantees that the fundamental or 'basic structure' of the Indian Constitution can not be altered by parliamentary amendment. He was a follower of Smartha Bhagawatha tradition and the Advaita Vedanta school of Hindu philosophy.

<span class="mw-page-title-main">Dipak Misra</span> 45th Chief Justice of India

Dipak Misra is an Indian jurist who served as the 45th Chief Justice of India from 28 August 2017 till 2 October 2018. He is also former Chief Justice of the Patna High Court and Delhi High Court. He is the nephew of Justice Ranganath Misra, who was the 21st Chief Justice from 1990 to 1991.

<span class="mw-page-title-main">N. V. Ramana</span> 48th Chief Justice of India

Nuthalapati Venkata Ramana is a former Indian judge and journalist who served as the 48th Chief Justice of India.

<span class="mw-page-title-main">Uday Umesh Lalit</span> 49th Chief Justice of India

Uday Umesh Lalit is an Indian lawyer and former Supreme Court Judge, who served as the 49th Chief Justice of India. Previously, he has served as a judge of Supreme Court of India. Prior to his elevation as a judge of the supreme court, he practised as a senior advocate at the Supreme Court. Justice Lalit is one of the eleven senior counsels who have been directly elevated to the Supreme Court. He is currently ‘Distinguished Visiting Professor’ at Ashank Desai Centre for Policy Studies, Indian Institute of Technology, Bombay and Distinguished Visiting Professor at West Bengal National University of Juridical Sciences.

The Ready To Wait campaign is a social movement initiated in September 2016 by a group of female devotees of Hindu deity Ayyappan, as a response to a petition filed in the Supreme Court by women's groups to demand the right to enter the Sabarimala temple, located in the southern Indian state of Kerala, which traditionally restricts entry of women of reproductive age. The campaigners of "Ready To Wait" asserted their willingness to respect the traditions regarding entry to the Sabarimala temple. It started as a social media campaign with the hashtag #ReadyToWait and soon gained momentum as Hindu women from all over the country took to social media to show their support.

<i>T. S. R. Subramanian v. Union of India</i> Landmark decision of the Supreme Court of India

T. S. R. Subramanian &Ors. versus Union of India and Ors., was a landmark decision of the Supreme Court of India in which the Court ruled that civil servants were not bound to follow oral directives. The case began with a public interest civil writ petition filed before the Supreme Court of India and was decided in October 2013.

xt Judicial review in India is a process by which the Supreme Court and the High Courts of India examine, determine and invalidate the Executive or Legislative actions inconsistent with the Constitution of India. The term judicial review finds no mention in the Constitution of India but the Constitution implicitly provides for judicial review through Articles 13, 32 and through 136, 142 and 226.

Vijaya Kamlesh Tahilramani is a former Indian judge and prosecutor, who last served as the chief justice of the Madras High Court. Previously, as a judge of the Bombay High Court, she notably upheld the conviction of several persons for the rape of a pregnant Muslim woman during the 2002 Gujarat riots, chastising investigative authorities for their inaction in the matter, and also refused parole for those convicted in the 1993 Bombay bombings. She retired in 2019, after refusing to accept a controversial transfer from the Madras High Court to the Meghalaya High Court.

<span class="mw-page-title-main">Sanjiv Khanna</span> Chief Justice of India since 2024

Sanjiv Khanna (born 14 May 1960) is an Indian jurist currently serving as the 51st Chief Justice of India since 11 November 2024. He is the ex officio Patron-in-Chief of the National Legal Services Authority and the de facto Chancellor of the National Law School of India University. He has also served as a judge at the Delhi High Court.

<i>Chinmayee Jena v. State of Odisha</i> Indian LGBT Rights Case Law

Chinmayee Jena versus State of Odisha &Ors.(2020) is case where the Orissa High Court upheld the right of self-determination of gender as an integral part of personal autonomy and self-expression. The court recognized the rights of trans persons to cohabit with the partner of their choice, regardless of the “gender” of the partner.

Lekshmana Chandra Victoria Gowri is an Additional Judge of the Madras High Court. Prior to her appointment, she was a politician from the Bharatiya Janata Party. Her selection engendered controversy after lawyers alleged her to have given hate speeches against religious minorities and unsuccessfully petitioned the Supreme Court of India to withdraw the appointment.

<i>Devu G. Nair v. State of Kerala</i> Indian LGBT Rights Case Law

Devu G. Nair versus State Of Kerala &Ors. (2023) is an ongoing Supreme Court case, poised to examine the legality of Conversion Therapy and addressing whether the High Court should have facilitated the alleged detainee's opportunity to provide their statement in person within the secure confines of the High Court building.

<span class="mw-page-title-main">Common Cause (India)</span>

Common Cause is a non-governmental organisation based in New Delhi, India, that works on probity in public life and governance reforms. Common Cause focuses on defending and fighting for the citizens’ rights. It takes up public causes through advocacy, research and public interest litigation.

References

  1. 1 2 "Supreme Court decriminalises adultery in landmark judgment". Reuters. 27 September 2018. Archived from the original on 10 August 2019. Retrieved 6 February 2019.
  2. ↑ "PAPERBACK PICKINGS". The Telegraph. Kolkota. Retrieved 6 February 2019.
  3. ↑ "'Declare moratorium on agri-land diversion' - Times of India". The Times of India. Retrieved 6 February 2019.
  4. ↑ Biswas, Soutik (27 September 2018). "Adultery no longer a crime in India" . Retrieved 6 February 2019.
  5. ↑ ""The hindu" Adultery argued kaleeswaram raj - Google Search" . Retrieved 8 February 2019.
  6. ↑ Bench, Bar & (2 August 2018). "#Adultery: It conceives women as a chattel incapable of decision making. It is a kind of paternal protectivism, Kaleeswaram Raj". @barandbench. Retrieved 8 February 2019.
  7. ↑ "Meet the lawyer who successfully fought to decriminalise adultery in India". SabrangIndia.in. 12 October 2018. Retrieved 8 February 2019.
  8. ↑ "IN THE SUPREME COURT OF INDIA : CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) NO. 194 OF 2017 : Joseph Shine …Petitioner(s) VERSUS Union of India …Respondent(s)" (PDF). Sci.gov.in. Archived from the original (PDF) on 15 July 2019. Retrieved 4 August 2019.
  9. ↑ "Government ads should not project political leaders, panel tells SC". thenewsminute.com. 25 February 2015. Retrieved 6 February 2019.
  10. ↑ Rajagopal, Krishnadas (26 August 2015). "Liquor policy caused drastic drop in crime rate, Kerala MLA tells SC". The Hindu. ISSN   0971-751X . Retrieved 8 February 2019.
  11. ↑ Rajagopal, Krishnadas (29 December 2015). "SC upholds Kerala liquor restrictions". The Hindu. ISSN   0971-751X . Retrieved 8 February 2019.
  12. ↑ "SC lobs Rohatgi row to Centre court". The Telegraph. Kolkota. Retrieved 8 February 2019.
  13. ↑ Rajagopal, Krishnadas (1 April 2017). "SC: Ban on liquor sale covers hotels, bars too". The Hindu. ISSN   0971-751X . Retrieved 6 February 2019.
  14. ↑ "Speeding by private buses: Amicus curiae files report with Kerala HC - Times of India". The Times of India. Retrieved 6 February 2019.
  15. ↑ Rajagopal, Krishnadas (6 July 2019). "Supreme Court pulls up Kerala for denying relief to Endosulfan victims". The Hindu. ISSN   0971-751X . Retrieved 8 July 2019.
  16. ↑ Bhardwaj, Prachi (6 May 2021). "Maratha Reservation unconstitutional| The timeline of the case and the 3 questions that received unanimous opinions of all 5 judges". SCC Blog. Retrieved 25 May 2021.
  17. ↑ "Supreme Court Observer -". www.scobserver.in. Retrieved 25 May 2021.
  18. ↑ "IN THE SUPREME COURT OF INDIA: WRIT PETITION(CRIMINAL) NO. 113 OF 2016 : KAUSHAL KISHOR.....Petitioners VS STATE OF UTTAR PRADESH.....Respondents" (PDF).
  19. ↑ "IN THE SUPREME COURT OF INDIA: WRIT PETITION(C) NO. 73 OF 2019 : JANHIT ABHIYAN VS UNION OF INDIA" (PDF).
  20. ↑ "IN THE SUPREME COURT OF INDIA: CIVIL APPEAL NO. 6693 OF 2022: M/S INDIAN MEDICINES PHARMACEUTICALS CORPORATION Ltd .....Appellants VS. KERALA AYURVEDIC CO-OPERATIVE SOCIETY Ltd & ORS....Respondents" (PDF).
  21. ↑ "IN THE SUPREME COURT OF INDIA: WRIT PETITION (CIVIL) NO. 104 OF 2015 : ANOOP BARANWAL.......PETITIONER VS UNION OF INDIA......RESPONDENT" (PDF).
  22. ↑ https://www.indiacode.nic.in/bitstream/123456789/19721/1/a2023-49.pdf
  23. ↑ https://www.barandbench.com/news/supreme-court-slams-kerala-public-service-commission-inconsistent-stand-job-eligibility
  24. ↑ https://api.sci.gov.in/supremecourt/2024/245/245_2024_13_35_57176_Order_14-Nov-2024.pdf
  25. ↑ Thaniya Kaliyanthil Leela, MASTER THESIS, 'Goddesses of North Malabar An Anthropological Study on Kinship and Ritual in North Malabar', Submitted in partial fulfilment of the MPhil degree Department of Social Anthropology University of Bergan, 2016
  26. ↑ "Medha patkar: 'Declare moratorium on agri-land diversion'". The Times of India. 14 July 2012. Retrieved 24 June 2019.
  27. ↑ Rajagopal, Krishnadas (1 April 2017). "The quality of justice". The Hindu. ISSN   0971-751X . Retrieved 6 February 2019.
  28. ↑ "PAPERBACK PICKINGS". The Telegraph. Kolkota. Retrieved 8 February 2019.
  29. ↑ ""Constitutional Concerns: Writings on Law and Life", Published by Tulika Books, New Delhi, 2022" . Retrieved 22 August 2022.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.