Articles
Is the Central Government Bound To Pay GST Compensation To The States?
The decision of the Central Government to not pay Goods and services tax compensation to the States have met with protests. The States have accused the Centre of evading its "constitutional and moral" responsibility, while the Centre has cited insufficient tax collection to defend its austerity. The question that arises here is: Is the Central Government legally bound to pay Goods...
An Analysis Of Recent Judgments On Limitation Under IBC
Prior to the enactment of IBC (Second Amendment) Act, 2018 through which Sec. 238A of the Code was introduced, in a series of judgments, [1] the NCLAT and NCLT considered claims which were otherwise barred by limitation for the purpose of initiating of CIRP under Sections 7 and 9 of the Code. The Supreme Court, in B.K. Educational Services Private Limited v Parag Gupta and...
The Deontological Ethics Of "Polluter Pays Principle"
Let me begin by asserting that there is an inexplicable thread that links human beings with the environment. Once we accept this fact, a translucent picture emerges. It might be prudent to state that the law, in all its glory, is sane, rational and logical (if not natural). One may argue that the aforementioned words are synonyms of each other; however, the larger point I am trying...
ASHA Workers : Womxn Warriors Struggling For Survival
(Disclaimer : The term Womxn is an alternative term for the English language word women which has been regularly in use since 2015 to explicitly include transgender women and women of color. It has been used in a similar manner as womyn and wimmin, as a rejection of the folk etymology of 'woman' allegedly being 'of man'). For the very first time, this 18 September, will be celebrated...
Is It Worth Going For A Long Drive On A Patent Prosecution Highway?
The advent of information technology does help the world to get closer to each other. These mutual interconnections have invariably solved various contentious problems that would otherwise be difficult to address. The intellectual property regime is witnessing a constant increase in the pressure of disposing various applications that have been filed at various domestic offices...
Caste And Privacy - A Note On Madras High Court Judgement
The rejection of information about persons selected as per their caste of backward class is invalid when quotas are based on a caste, which was accepted as a social group in identifying backwardness. The Public Information Officers (PIOs) are consistently rejecting the requests wherever 'caste' is referred as 'private' information. This case is a classic example. Muthian asked for...
What If Rhea Chakraborthy Is Innocent?
What if Rhea Chakraborthy is innocent despite all the allegations of crime and her subsequent arrest, is a question many would ask and ponder. Countless Indians are arrested regularly for a slew of alleged offences, only to be later discharged or acquitted. Wrongful arrest and wrongful conviction are a stark reality in the criminal justice system. The question therefore is, what and...
Draft EIA 2020 : Post Facto Environmental Clearance Is Alien To Environmental Jurisprudence
The Ministry of Environment, Forests and Climate Change (MoEF&CC) has published the draft Environment Impact Assessment Notification, 2020 to replace the existing Environment Impact Assessment Notification, 2006. Several crucial dilutions have been introduced which have drawn sharp criticism from various quarters. One such controversial dilution is the introduction of an avenue to...
Arrogation Of Unlimited Contempt Power By The Supreme Court- A Hornets' Nest Stirred Up Again
Recent decisions of the Supreme Court of India in Re: Vijay Kurle and Re: Prashant Bhushan have stirred up a Hornet's nest again by holding that the Supreme Court of India has inherent jurisdiction in relation to contempt of court as recognized by Article 129 of the Constitution of India and therefore no law of Parliament can limit, regulate or control its powers. These decisions also...
Taking Misuse Of National Security Act Seriously
Last month, the Hon'ble Allahabad High Court quashed the detention of Dr. Kafeel Khan, a Gorakhpur-based doctor, who was detained under the National Security Act since January this year in Mathura jail. On a Habeas Corpus petition filed by his mother, a Division Bench of the Hon'ble High Court of Allahabad comprising Chief Justice Govind Mathur and Justice S D Singh found no substance in...
Clinical Legal Education: Reflections From Our Experience
Clinical legal education, which is a part of legal education, aims to impart practical experience along with theoretical knowledge. Though it is a part of the law school curriculum, it has almost become a ritual without much impact on the students or society. This article aims to highlight the practice of clinical legal education as experienced by the authors in the Legal Aid...
The Supreme Court's Greatest Gift Is the PIL and It Is Here to Stay, Whatever Critics May Say
Without PILs, corruption, nepotism and bias in executive actions will remain unchallenged. Courts must maintain a constant vigil, otherwise, all rights secured to citizens under our constitution will become worthless.