Articles
A Sprinkle Of GST To Garnish The IPL Fever
Power Play There has been a lot of talk about fevers lately. Some fevers we would prefer not to be infected with but others, which we Indians can never seem to get enough of. Yes, we are indeed referring to the Cricket fever which is rooted so deep in our systems, that we 'Bleed Blue', don't we? The spread of this fever has reached its peak, considering that Indian Premier League...
Remembering Professor AK Koul: A Glorious Journey Of Law Teaching And Research Of 50 Years
Professor Autar Krishen Koul (AK Koul) was my first Dean at the Faculty of Law, University of Delhi when I joined my LLB studies at Campus Law Center as a first year student in the year 2000. Little did I know what a great inspiration he will be in my own academic journey like generations of students of law and teachers alike who graduated from the portals of Delhi Law Faculty.After...
'Remembering Sir' : Law Clerks' Eulogy For Justice Mohan Shantanagoudar
Popular perceptions of Supreme Court judges fall into two brackets. Some view them as being hallowed, demigod figures who possess the power to change fortunes with a stroke of their pen. Others, belonging to a more cynical school of thought, may see them as repositories of hierarchical privilege, whose opinions are out of touch with ground realities. Both perspectives lose sight of...
In Memoriam: Professor VS Mallar
Varadaraja Shivaraya Mallar, who taught at seven law schools across India, left us on Saturday. With his ebulliently booming voice, Professor V.S. Mallar introduced generations of students to the lofty precepts of constitutional law and administrative law. He did so by teaching in his inimitably lucid and accessible style. His masterly lectures skillfully mixed citation with wit and pun and...
The Kesavananada Anniversary:Basic Structure Doctrine
April 24 marks the anniversary of the Kesavananda Bharati judgment enunciating the doctrine of basic structure. It is appropriate to dwell upon it and remember and light the memory of its most accomplished champion, Nani Palkhivala. The objective of the Constitution makers inspired by the freedom movement was to usher in an egalitarian society by bringing about socio-economic...
CJI Bobde Led Further Decline Of Supreme Court As A Constitutional Court
As the Chief Justice of India, Sharad Arvind Bobde had to preside over the Supreme Court when the country was going through a turbulent and difficult phase. There was(and still is) the unprecedented humanitarian crisis caused by the COVID-19 pandemic and the nationwide lockdown. It was also the time when widespread protests were simmering across the country against the ruling...
How Various High Courts Have Been Monitoring COVID19 Issues In Their Jurisdictions?
'Urgent: Need Oxygen' is flashing on all our screens left, right and centre. The present social conditions have a harrowing effect on the democratic institutions of our Constitution, that guarantees life, dignity and health. During these testing times, the Constitutional Courts that is our High Courts, have emerged as charioteers of justice and conscience. "If you don't feel ashamed...
A Promise To Marry, Consent, And Rape – Examining The Jurisprudence
Section 375 of the Indian Penal Code, 1860 [hereinafter "IPC"] defines "rape". Clauses (a) to (d) gives a list of actions which amount to rape under the circumstances falling under the seven descriptions following the aforesaid clauses. The second description reads as under: "Secondly. – Without her consent." Explanation 2 provides that consent means an unequivocal...
Is Your Private Vehicle A 'Public Place?' Law Has Different Answers
Law is not an exact science. Its shades change depending on the context, differ from statute to statute. Background circumstances, and the expediency of the situation often influence the application of law. So, one might find different, if not totally conflicting, answers in law to similar questions. Two recent judgments on the issue whether a private car is a public place are...
The Summer Of The Patriarch
On a day when the Government of India informed the Supreme Court quite generously that it would take a mere 3 months more to decide on collegium recommendations which have been pending for over 6 months, it was the words of the Chief Justice of India that has quickly become a news story of its own.As a women's lawyers' group sought to intervene in the ongoing litigation concerning...
Contemporary Relevance of Dr Ambedkar's Concept Of Constitutional Morality
How is the growth of a democratic nation assessed? The obvious and most intuitive answer is the extent of prevalence of democratic norms. However, in a democratic nation these democratic norms are regulated and promoted by laws and legal institutions. A progressive democracy requires that the laws are framed for fullest realisation of human potential and these laws are adequately...