Plant Variety Authority Revokes The Breeder's Right: Is This A New Chapter For The Protection Of Plant Varieties And Farmers' Rights Act,2001 ?

The Protection of Plant Varieties and Farmers' Rights Act, 2001 (PPVFRA) is sui-generis indigenous legislation enacted by the Indian government. The significance of protecting farmers' rights and balancing it with the rights of breeders forms the characteristic feature of the PPVFRA. The farmer's right to use the seed is an important concurrent right to that of breeders rights. The Protection of Plant Varieties and Farmers' Rights Authority is empowered to adjudicate upon the disputes ...

Class Action Proceedings- Challenges In Consumer Fora

The provision for filing a class action complaint by a group of consumers is a big boon to the consumers and has existed in the Consumer Protection Act, 1986 and has been continued in the new Consumer Protection Act, 2019. Due to illegal acts and omissions of some Builders/Developers in the past decade, there has been a flood of class action complaints under Section 12(1)(c) of the Consumer Protection Act, 1986 (now Section 35 read with Section 59 of the Consumer Protection Act, 2019)...

Justice H. R. Khanna: A Great Defender Of Rule Of Law, Human Rights & Dignity

Today falls the death anniversary of Justice H R Khanna, an outstanding judge, who is well-known for his courageous dissenting judgment in the infamous ADM Jabalpur case, pronounced during the period of National Emergency in 1976, when the President had placed people's fundamental rights under suspension as per Article 359 of the Constitution. Justice V.R. Krishna Iyer famously observed in an article entitled 'A Courageous Voice of Dissent', "Justice Khanna was a gentle person, true in...

The State's Duty Of Reparation For "Lost Years" And The Supreme Court's Power To Issue Guidelines

One of the firmest pillars of the rule of law and administration of justice has been maximed in Latin- Ubi Jus Ibi Remedium or simply where there is a right, there is a remedy. Basic human right protections against unlawful prosecutions, illegal detentions, arrests etc. are guarantees available to every person under the umbrella of Article 21 and 22. However, the presence of these safeguards in the fundamental rights chapter has neither deterred nor impeded these frequent violations. ...

Whether Indian Federation Needs a Governor?

Should we have the position of the Governor between the Union and State? The ruling party of Kerala is asking for the power to remove the Governor. The State has questioned the Constitutional need of the office of the Governor. Can't we run the administration without the nominal head of a provincial state? As per the State, if it is found the Governor to be federal imperative, it suggested a national legislation should empower States to elect them through a representative electoral...

The Ethical Burden Of Being An Expert And An Advocate

'Expert' – "A person who, through education or experience, had developed skill or knowledge in a particular subject, so that he or she may form an opinion that will assist the fact-finder" (Black's Law Dictionary)" The Expert's Dilemma An expert's opinion is a product of education, labour and experience. So an expert is likely to attribute immense value to his or her opinion and feel hidebound to zealously defend it to the hilt. Law (much like any other social science) comprises of...

Open Access Movement; Initiatives And Challenges

Peter F. Drucker, an Austrian American Management Consultant forecasted in the mid-20th century that there will be the gradual emergence of information society with its necessity of lifelong learning. In 1959, Drucker coined the term "knowledge worker" and considered knowledge workers productivities to be the next frontier of management[1]. Drucker's prophesises have come true and present-day society's well-being and development is critically dependent on knowledge. The question is how to...

How Indian Courts Have Dealt With Resistance To Invocation Of Arbitration

It has become a trend to resist the invocation of arbitration proceedings firstly, at the stage of commencement of arbitration proceedings i.e., when the notice invoking arbitration u/s 21 of the Arbitration and Conciliation Act, 1996 ("the Act") is received by the Respondent and thereafter, either at the stage of appointment of arbitrator u/s 11 of the Act or when a judicial authority is dealing with an application u/s 8 of the Act for referring parties to arbitration. Normally, the ...

Government Bound To Appoint Judges On Reiteration By Supreme Court Collegium

The Supreme Court in the second judges case held that "In exceptional cases alone, for stated strong cogent reasons, disclosed to the Chief Justice of India, indicating that the recommendee is not suitable for appointment, that appointment recommended by the Chief Justice of India may not be made. However, if the stated reasons are not accepted by the Chief Justice of India and the other Judges of the Supreme Court who have been consulted in the matter, on reiteration of the recommendation by...

Pro-Arbitration Regime In India – The Diverging Lanes Of The Policy Makers And The Implementers

During the past last few years, the Government has made considerable efforts to establish India as a hub of Arbitration in Asia. Some of the multifarious steps taken include establishing an autonomous Arbitration Council of India; implementing amendments to the Arbitration and Conciliation Act; establishing government backed international arbitration institutions for speedy adjudication and conducting research to take steps in establishing India as a pro- arbitration forum for foreign...

Hate Speech, Legal Lacuna And Failure Of Law Enforcement

In the paradigm of fundamental right of speech and expression, hate speech casts a necessary limitation. The Indian Constitution, like the US Constitution, does not envisage the idea of absolutism with respect to its fundamental rights. While Article 19 (1)(a) of the Indian Constitution avows all citizens freedom of speech and expression, Article 19(2) allows reasonable restrictions on these rights on certain grounds, including public order, morality, decency, or incitement to an...

Outer Space Treaty And Problem Of Space Debris: Dangers To Future Space Travels

Ever since the launch of the famed Russian satellite, Sputnik-I, which launched in 1957, we have sent thousands of satellites and rockets into the Earth's orbit to explore the infinite universe however we have also been simultaneously creating a mess around Earth. Currently, there are 2000 Satellites which are in Geo-Sync with the Blue Planet, actively functioning and transmitting signals from the Ground, however, there are also 3000 'apparently dead' satellites which continue to...