Articles
The Legal Effect Of Declaring A Statute Unconstitutional; Revisiting The Pesikaka Case
What happens to a statute when the Supreme Court declares it unconstitutional, either in its entirety or in part? Does it vanish like a disappearing message on WhatsApp or does it get temporarily eclipsed due to a declaration by the Lords? The question was the subject matter of a detailed judgment delivered many moons ago by the Supreme Court in Behram Khurshid Pesikaka v. State...
Farewell To Chief Justice AP Sahi By Justice P.N Prakash
I often wondered what endeared Anna to his party men that they continue to adore him even after several decades of his passing away. I got an answer in the biographies of 'Anna' and 'M.G.R.' authored by my good friend R.Kannan, who is a U.N. Diplomat, D.M.K. ideologue and a prolific writer, all rolled into one. Kannan says that when the D.M.K. was in its nascent stage in...
Important Supreme Court Judgments: December 2020
The Supreme Court of India has pronounced numerous judgments in the month of December, 2020. In this write-up, the important pronouncements are briefly discussed. Suresh Shah v. Hipad Technology India Private Limited, Arbitration Petition (Civil) No(s). 08/2020 (Decided on 18/12/2020). THE LEASE/TENANCY MATTERS WHICH ARE NOT GOVERNED UNDER THE SPECIAL STATUTES BUT UNDER THE...
Kannabiran Memorial Lecture : The Constitution and Scheduled Tribes in Composite State of AP
[This lecture was delivered on 28 December 2020 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: Advocate V. Raghu begins with a reflection on the Arka Vasanth Rao case which led to the enactment of PESA and goes on to speak about...
'You Have The Right To Remain Silent'- Story Behind Miranda Rights
Anyone interested in Hollywood crime thrillers or drama, has at least once come across a scene where an arrest is being made by the police. The officer while carrying out the arrest mandatorily utters the following words, "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot...
Challenges To Our Democracy And The Need To Preserve Human Rights
In his book "The Age Rights" (1990), Prof. Louis Henkin, a celebrated scholar of International law had claimed that "Human rights is the idea of our time, the only political – moral idea that has received universal acceptance". Viewed in the light of several International Treaties and democratic Constitutions which recognize the inviolability of human rights, the claim is...
The Façade Of Facial Neutrality: Do We Respect Our Women, Their Choice?
Much has been said about the Anti-conversion ordinance (Prohibition of Unlawful Conversion of Religion Ordinance 2020), recently promulgated by the Governor of Uttar Pradesh amidst rising intolerance of inter-faith marriages in the state. Primarily, arguments have been raised and criticism has been shaped around the fundamental right to practice and preach religion of choice as the...
National Green Tribunal (NGT) Yearly Round-Up 2020
Scientific Disposal of Bio-Medical Waste arising out of COVID-19 treatment The issue for consideration in this matter was the remedial action to address the gaps in compliance of the BMW Rules, 2016, as applicable to the disposal of bio-medical waste arising out of handling of COVID-19 disease, so as to ensure protection of environment and public health, in view of potential...
Unconditional Stay On Execution of Awards: The Journey So Far
Recently, the Delhi High Court in the case of Bhandari Engineers & Builders Pvt. Ltd. Vs. Maharia Raj Joint Venture & Ors, took a pro enforcement approach in order to facilitate and expedite execution proceedings. The court introduced the format for disclosure of Assets by the judgment-debtor. On previous occasions the Supreme Court and various High Courts have emphasised...
Supreme Court 2020 : Events and Controversies
Even in the COVID-19 affected year of 2020, which threw physical functioning out of gear, the Supreme Court did not cease to be eventful.From an ex-CJI becoming a Rajya Sabha MP within months after retirement to a viral photo of the present CJI on a luxury bike opening the floodgates of contempt cases to a Chief Minister making public allegations against a possible next CJI, the top...
Important Supreme Court Judgments On Arbitration Passed In 2020
The Supreme Court of India has pronounced numerous judgments in the matters related to the Arbitration and Conciliation Act, in the year 2020. In this write-up, the important pronouncements are briefly discussed. State of Gujarat (through Chief Secretary) and Another v. Amber Builders, Civil Appeal No. 8307 of 2019 (Decided on 08/01/2020). THE GUJARAT PUBLIC WORKS CONTRACT...
Love Jihad: A Present Day Variant Of The Anti-Miscegenation Laws
Recently, a spate of laws have been enacted by various states for prevention of what is nebulously called 'love jihad'. These laws enacted in the rush for political theatrics, are neither new nor original. Infact they are a mere aping of of the anachronistic anti-miscegenation laws which have had a long and cruel history. "Miscegenation" is defined as the interbreeding of...