Articles
People Versus Power
The moral superiority of democratic arrangement in the ordering of society is premised on the accountability of power towards the securing of common good. And democratic legitimacy presupposes the integrity of electoral process that facilitates the exercise of free will by the people. These fundamental pre-requisites of a vibrant democracy are on test in these times of pandemic. Irrefutable medical evidence and past experience have established beyond doubt that electoral processes which...
The Case For 'Burying' Differences And Upholding Dignity
'Man is born alone and dies alone' is the wise counsel of Chanakya but the hard reality is that a man's community status never leaves him alone, not even at death. So much so that some sections of society, and the lowest in the so-called hierarchy of the caste system have to struggle for enforcement of their fundamental right to a decent burial of their bodies on death, which is an integral part of the right to live and die with dignity under Article 21 of the Constitution of India. Some...
Inter-Caste Marriage ; Need For Strict Implementation of LaxmiBai Judgment
The curtain on the year 2021 - first half of which was engulfed with the second wave of COVID-19 and its second half saw resuscitation of social, political and economic activity in the country – has finally fallen down, and the year 2022 is here with new hopes and aspirations. The year 2021 saw the judiciary opening its activist hands again, to help the poor, downtrodden and other marginalized sections of society, that always need its help the most. Most importantly, the judiciary ensured...
Law And Literature; So Far, Yet So Close
There are many judgments, which used literature to further illustrate an issue, at the same time many literary works which deal with the law as a subject. Law and literature's fervid love affair isn't a new one. Many well-known writers such as Kafka, Tolstoy and looking closer to home, Bankim Chandra Chattopadhyay and Mani Shankar Mukherjee are trained in law- bringing the law into the fictional space in a manner that entrenches into the reader's mind. In popular culture, To Kill a...
Tempting To Contempt – Authentic Or Anathematic?
Scandalising the court Lord Atkin, the famous British Judge while dealing with a contempt case in 1936, observed: "Justice is not a cloistered virtue: she must be allowed to suffer the scrutiny and respectful, even though outspoken, comments of ordinary men." As per the law of contempt, if a person or media makes any allegation against judges or justice system which brings them in disrepute, he can be punished for scandalising the judiciary. "Scandalising the Court" is a form of...
Marriage: A Privilege
Nietzsche held several standards to morality, an addition to them could be made as it seems like morals also have sexual standards. It has just been three years since Section 377, which criminalised homosexuality, was held unconstitutional by the glorious judgement of Navtej Singh Johar[1] (2018). That judgement in itself could have been sufficient to legally provide equal social rights to the LGBTQ+ community, including the right to marry. A start was done with the judgement of Arun...
Power Of Judicial Review: How Supreme Court Caused Changes In Government Decisions in 2021
"If the judiciary does not have the power of judicial review, then the functioning of democracy in this country would be unthinkable", said the Chief Justice of India NV Ramana while speaking at a public event recently.The CJI explained that the Constitution has created three co-equal organs, namely the legislature, the executive and the judiciary and the judiciary has been given the role of reviewing the legality of steps taken by the other two organs. To brand "judicial review" as "judicial...
Revisiting The Paradip Port Trust Judgement- Should There Be Restrictions On Appearance Of Advocates Before Labour Courts And Tribunals?
Having one of the largest advocate populations and perhaps the only country in the world to celebrate an 'Advocate's Day', India does place a lot of prestige on the legal profession. Section 30 of the Advocates Act, 1961 ("Advocates Act") provides advocates/ legal practitioners the right to practice before any court/tribunal within the territory of India. On the other side of the spectrum, the people also have a fundamental right to be represented by a legal counsel of their choice....
NEET-PG Counselling : Why Criticism Against Supreme Court Intervention Is Misdirected?
Doctors across the country are protesting against the delay in conducting counselling for NEET-PG admissions. Certainly, the agony of the resident doctors - who dedicated themselves to selfless service as 'COVID warriors' during the pandemic - over the uncertain wait for much delayed postgraduate admissions is understandable. Fair-minded people will definitely stand in solidarity with the protesting doctors, as their cause is just.At the same time, there is a narrative that the Supreme...
IPC Section 324: Bailable And Compoundable
There has been some confusion with respect to the nature of offence punishable under Section 324 of Indian Penal Code, 1860 ("the IPC"). The question is whether the offence under Section 324 of IPC is a bailable or a non-bailable one, a compoundable or a non-compoundable one. This paper shall analyse the relevant statutory provisions, statutory amendments, Gazette Notifications and jurisprudential developments in order to understand how we can deal with the issue. Section 324 Of Indian ...
127 Dead, 250 Injured – A Case For Securing Our Courts
After almost a year spent in lockdown due to the pandemic, which had derailed almost every industry and government body from their normal functioning, the courts of the country had just started pivoting with resumption of physical hearings. However, on the fateful day of 24th September, 2021, the Rohini District Court, Delhi shook and echoed with frightened screams and a series of loud gunshots. Within a fraction of seconds, the situation became so chaotic that it was nothing less than a...