Articles
Overcoming The Pecuniary Conundrum In Consumer Cases
The new Consumer Protection Act, 2019 came into effect on July 20, 2020, thereby replacing the Consumer Protection Act, 1986. While the new Act has brought in a catena of changes which will empower the consumers, it has also brought in some structural changes with respect to the power vested with the Consumer Disputes Redressal Commissions. One of the most prominent changes which has...
Tribunalisation In India: Where We Are Lacking?
Tribunal is a judicial body, created by a legislation to adjudicate a class or classes of disputes. Though, it is a judicial entity for the purpose of administration of law, strict rules of Evidence Act or procedure such as Code of Civil Procedure Code would not apply, except the principles contained. The term 'Tribunal' is derived from the word 'Tribunes', which means 'Magistrates of...
Arbitrariness And Mismanagement: NLAT 2020
Like May 13, 2018, when CLAT (Common Law Admission Test) 2018 took place, September 12, 2020, was a heavy day for every law student examinee who sat for NLAT (National Law Admission Test) 2020. The NLAT 2020 like CLAT 2018 was demoralizing; bringing out technical lapses, mismanagement, panic and pressure on student examinees of time running out. Due to the poor Artificial...
Lose The legalese: The Plain Language Movement In India
"Don't use long words. Unless your hearers or readers understand them. You may understand them yourself, but they may not. If your hearer says to himself, 'That is a word I've never heard before. What does it mean?', you have failed. If your reader says, 'I must look it up in the dictionary', again you have failed. You have not conveyed your meaning to him. A lot of speakers and...
Important Judgments Pronounced By The Supreme Court In August 2020
The Supreme Court of India has pronounced numerous judgments in the month of August, 2020. In this write-up, some of the important judgments are briefly discussed. Mukesh v. State (Narcotic Branch ofDelhi), Special Leave Petition (Criminal) Diary No. 39528/2018 (Decided on31/08/2020). A Constitution Bench of the Supreme Court comprising Justices Arun Mishra, Indira Banerjee,...
The Legal Quandry Over E-Pharmacies In India: Immediate Need For A Regulatory Framework
The advent of E-Commerce has changed lives around the World. Individuals have transitioned from brick and mortar stores to online platforms for procuring everything imaginable. One such ground-breaking development is the E-Pharmacy Sphere in India. E-Pharmacies are virtual platforms that take an order of medicines over the internet and deliver them to patients via mail or dedicated...
The Mess That Was NLAT 2020
Lord Hewart, the then Lord Chief Justice of England in the case of Rex v. Sussex Justices, gave the world the oft-quoted aphorism we all fall back to every once in a while - "Justice must not only be done, it must also be seen to have been done"The conduction of NLAT today, with supposedly good intentions and nothing more than an below average usage of technology to catch the cheaters, gave...
When Netaji Subhas Fought A Case In The Bombay HC
It was November 10, 1933. SS Narkunda had just dropped anchor at the Bombay Port. It had ferried the mortal remains of an elder brother who had passed away in Geneva on October 22, 1933 at 1 pm. On October 28, 1933, the embalmed body, in a sealed coffin, had been taken by road to Marseilles for this last journey by sea. Sarojini Naidu and Jamnadas Mehta had been cabled the...
Parliamentary Privileges And The Fundamental Right To Free Speech: A Conundrum Of The Conflicting Entitlements
"There are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations." -- James MadisonIt is axiomatic that the parliamentary functioning forms the bedrock upon which a democratic structure and the whole constitutional system rest. The hallmark of a democratic country is a free, open and...
Importance Of Question Hour In A Parliamentary Democracy
The Hon'ble Supreme Court in the Keshavanada Bharti[1] case established that Parliamentary democracy is an integral part Basic Structure of our Constitution. The basic concept of the parliamentary governance is that it owes a collective responsibility towards the parliament and it holds the government accountable. Essentially, in a Parliamentary Democracy, the executive is made answerable...
NLSIU's Home Proctored NLAT: How Far Equitable, Transparent & Secure
In my previous article, I had examined the issues of zero year and repeated postponements of CLAT and demonstrated that there is no danger of zero year even in trimester system and Consortium cannot be blamed for the postponements except September 7 as no national level admission was conducted before September. If Act of God defence is available to the government for the minus 23.9% GDP,...
Supreme Court Order Evicting Slum Dwellers Violates Their Basic Human Rights To Housing, Shelter And Livelihood
In August 2020, a three-judge bench of the Supreme Court of India ordered removal of 48000 slum dwellings that were around a 140-km railway track in Delhi without providing for any rehabilitation scheme (henceforth called the "Supreme Court Order").[1] They were ordered to be removed as they were considered to be in the Railway safety zone. The order asks the stakeholders to come up with...