Articles
Under RTI Lok Pal Minutes Are Not 'Secret'
Wrong invocation of two Supreme Court judgments While denying the minutes of appointment of Lok Pal, recently the Central Information Commission has wrongly quoted the two Supreme Court judgements and gave order exactly opposite to the letter and spirit of RTI jurisprudence and prudence. The Lok Pal as an institution is the result of the people's struggle against...
Important Judgments Passed By The Orissa High Court: January 2021
The High Court of Orissa has passed several vital judgments in January 2021. This month holds more importance as Hon'ble Dr. Justice S. Muralidhar took over as the new Chief Justice of the High Court on 4 January. Jurisprudence of several laws was evolved through some remarkable verdicts delivered throughout the month. Some of the most important decisions are briefly discussed below.1....
A Truly Uniform Judiciary Through A Hybrid Hearing System
When we entered 2020, it was unimaginable that the Supreme Court of India would start its functioning completely online. The corridors till February were packed with lawyers and litigants, the court halls over-crowded, physical files being loaded in tons by the clerks and court staff to and from the court halls, internal arrangement of the court halls being constantly altered...
The Supreme Court Should Go Back To Doing What It Is Designed To Do By Our Constitution
In a village brawl a village elder ends the brawl by advising withdrawal from the ego fight and to let the by-gones be by-gones. Supreme Court tried to be that wise old elder unsuccessfully and drew a huge flack. Basically it is constitutionally unsuitable for such a role. However whether or not it was appropriate for it to do so, it halted the implementation of the Farm laws indefinitely....
The Collegium & Open Secrets
Unlike the British and American Constitution, the Indian Constitution provided for a method of appointment that neither gives the executive absolute authority (which the British model does) nor does it permit the Parliament to have any role in the appointment (American model of appointment) that involves a possibility of subjecting judicial appointments to political pressure. The...
'The Wages Of Struggle : Putting Impunity First' - Dr Upendra Baxi's Talk On Kannabiran Memorial Lectures
[This lecture, delivered on 1st February 2021, was the Concluding Lecture of the KG Kannabiran Lectures on Law, Justice and Human Rights – organised by the family of KG Kannabiran (1929-2010) to celebrate his life, his work and its futures]. 1. Impunity, Democide, Constitutionalism I wish I had met with KG Kannabiran (fondly known to his family and friends...
"The Supreme Court's E-committee Can Enable Wider Access to Legal Resources: SCRs and ILRs, Low Hanging Fruit?"
As chairperson of the Supreme Court's e-committee, Chandrachud J has presided over a major drive to digitise court records and hearings. In public address, he has spoken about how technology can be "extraordinarily enabling and empowering for young lawyers" and has committed to developing technologies that would make justice delivery more inclusive. Supreme Court judgements are...
Defending Human Rights, Challenging State Impunity : Henri Tiphagne's Talk At Kannabiran Lecture
[This lecture was delivered on 18 January 2021 as part of the KG Kannabiran Lectures on Law, Justice and Human Rights – organised by the family of KG Kannabiran (1929-2010) to celebrate his life, his work and its futures]. Abstract: Kanna advanced the argument that there should not be any form of prior sanction for prosecuting a policeman in a Human Rights Court. The fact...
Law, Liberty And The Lack Of Urgency In Dealing With Habeas Corpus Petitions By The Jammu & Kashmir High Court
Liberty is not a privilege, but a fundamental right guaranteed to all citizens under our Constitution. The High Courts and the Supreme Court are guardians of this right against State excesses. I have reviewed the functioning of the Jammu & Kashmir High Court vis-Ã -vis its adjudication of Habeas Corpus petitions filed before it in 2019. An evaluation of the data available on the...
CSR Amendment Rules, 2021: A New Paradigm
The concept of Corporate Social Responsibility (hereinafter referred as CSR) is known for its philanthropic nature. The term has its traces from the pre-independence era when Mahatma Gandhi urged rich industrialists to contribute their share of wealth towards poor and marginalized sections. Thus, CSR acts as an ethical obligation on the companies to utilize their resources in addressing the...
Gujarat Land Grabbing (Prohibition) Act, 2020- Slapdash Drafting, Reflects Lack Of Vision And Unconstitutional
The Gujarat Land Grabbing (Prohibition) Act, 2020 (Hereafter, referred to as "the Act" for convenience) has been enacted by the Government of Gujarat by notifying the same in the Gujarat government Gazette/extraordinary volume LXI dated 09/10/2020 and the same has been brought into force from 29/08/2020. From the reading of the Act, it is clear that it is a special law providing civil...
Victim Restitution- A Vanishing Point In Criminology
"Victimology must find fulfillment not through barbarity but by compulsory recoupment by the wrongdoer of the damage inflicted, not by giving more pain to the offender but by lessening the loss of the forlorn." - Krishna Iyer J. in Maru Ram & Ors. v. Union of India & Ors[1]. The traditional methods of criminology have been unsuccessful in furthering the aims of...