Articles
Regulatory Impacts And Policy Issues Of Electric Vehicles On Indian Power Sector
The power is one of the most important infrastructure of any nation and our country has one of the most diversified power sectors in the world and its sources includes coal, natural gas, nuclear power, oil, wind, solar and domestic waste as well. Laws Governing The Power Sector In India In the year 1910, the first central act came on electricity which was replaced by the Electricity act 2003 and introduced a legislation that addressed the needs of the changing times. Following that,...
Aryan Khan And Others Denied Bail - Can A Magistrate Grant Bail For Offences Under The NDPS Act?
A Metropolitan Magistrate's Court on Friday rejected the bail application of Bollywood actor Shahrukh Khan's son Aryan Khan and others in the cruise ship drug case, on the ground that the plea was not maintainable. The issue regarding the maintainability of the bail application was raised by the Additional Solicitor General appearing on behalf of the Narcotics Control Bureau who contended that the offences alleged against the accused were exclusively triable by the special court of...
Rescuing A Democracy In Retreat
This is a moment of reckoning for a nation scarred. The unspeakable tragedy in Lakhimpur Kheri has wounded the nation's sensitivity to its core. The 30-second video vividly depicting the gruesome murder of innocent citizens by a bunch of goons sheltered by 'netas' drunk on power has once again exposed the fault-lines of our politics and constitutional democracy in decline. The absolute imperative of resisting the perversion of democracy and prostitution of power must begin with an...
Plugging InvITs Into IBC - Risking National Assets
The Central Government in August this year announced a 4-year National Monetisation Pipeline (NMP) of existing revenue generating assets to bring an estimated ₹6 lakh crore into the national coffers. NMP envisages long lease of revenue-earning operating concessions in several state and sovereign brownfield projects to private players in exchange for upfront payments or investments. One of the key mechanisms contemplated is the Infrastructure and Investment Trust (InvIT). NITI Aayog,...
Carbon Comes At A Cost
Post the 2015 Paris Climate Agreement[1], there is a growing pressure on states to shift to a low-carbon economy. Climate change is being recognized as the greatest global threat, and with China, the world's largest carbon dioxide emitter, taking the world by surprise by pledging to stop releasing carbon emissions by 2060, onus lies on the USA and India, countries that rank[2] second and third in their annual carbon emission respectively, to take immediate action. One of the...
Stealthing And The Law: A Call For Redefining The Limits Of Conditional Consent In India
Stealthing refers to the act of secretly removing one's condom while having sexual intercourse with a partner who consented to having 'protected sex.' Not only does this insidious form of sexual assault brazenly violate the limits of consent, but it also exposes the non-consenting partner to unplanned pregnancies, sexually transmitted diseases, etc. The wide-spread prevalence of stealthing can be gauged from a Melbourne Survey which found that about 1 out of 3 women has been subjected to...
Law Concerning Written Submissions
"Written Submissions will not only be the first impression. They will often be the last impression too". Recently, in Kaushal Verma and Ors. vs. State of Chhattisgarh[2], an impressed Hon'ble Apex Court not only recorded the written submissions verbatim but further recommended making them a standard format for all state cases. Therefore, in light of the above, the author's aim is to examine the scope of written submissions and its applicable laws, if any. Literal Interpretation ...
Supreme Court's Orders On Extension Of Limitation
In a recent development, the Supreme Court vide its latest order "IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION"[1] dated 23rd September 2021 disposed of the "M.A. No.665 of 2021" and observed that the period from 15.03.2020 to 02.10.2021 will be excluded from the period of limitation for any suit, appeal, application, or proceeding. Subsequently, any remaining limitation period remaining as of 15.03.2021, will become available from 03.10.2021. Furthermore, in cases where the limitation...
The Horizons Of Privacy And The Right To Be Forgotten
The Constitution is not a charter of servitude', argued Senior Advocate Shyam Divan in the stone-setting Aadhar case. The terrains of transformative constitutionalism and the right to privacy under a democratic state cannot be guided by the notion of prejudice in the balance of power constituting flesh and blood of any constitutional order. While talking about the constitutional freedom and right to privacy, often the cast of chilling effect as a deterrence to personal autonomy comes into ...
The Basic Structure Doctrine: An Inventive Saviour Of Democracy
The "Basic Structure Doctrine" is one of the most potent tools of the Judiciary for the maintenance of checks and balances, and balance of power needed for the smooth functioning of the democracy. This doctrine has changed the course of the constitutional law jurisprudence in India. It is often said that there is a need for the constitution to be a living one so that it can endure the changing times and adapt as per the changing needs of the generations. However, at the same time, there is...
Critical Analysis Of The Emigration Bill, 2021
India has the largest number of emigrant population in the world recorded at a staggering eighteen million.[1] The Draft Emigration Bill, 2021 ("Bill") aims to replace the existing Emigration Act, 1983 which was passed by the legislature as a direct response to the Apex Court judgment in Kanga and Others v. Union of India[2]. The new Bill seeks to "consolidate and amend the law relating to emigration"[3] in India. The Bill aims to be landmark in the sense that it aims to introduce ...