Articles
[Law On Reels] The Lincoln Lawyer- An Ethical Dilemma
"I checked the list of people I trust and your name ain't on it." - Mickey Haller Based on the Novel 'The Lincoln Lawyer' by Michael Connelly, the movie tells the story of an astute criminal defence lawyer Mickey Haller (Mathew McConaughey) who very persuasively deals his every case but leaning outside the boundaries of the ethical playground. He represents drug dealers,...
From "Claimed' To "Paid"- Is The Consumer Protection Act, 2019 Flawed?
The Consumer Protection Act, 2019,("2019 Act") has evidently come as a huge relief to consumers viewed from all perspectives, in particular the provisions dealing with product liability action, mediation as an alternate dispute resolution mechanism , territorial jurisdiction and enhanced pecuniary jurisdiction of the Commissions set up under the Act. However, on a deeper look into...
[Violation Of National Food Security Act (NFSA)] Poor Consumers Looted For Years In Kashmir, Erring Officials To Be Booked
National Food Security Act (NFSA) or Right to Food is a people-friendly legislation targeted to benefit disadvantaged & marginalized communities of the society. Like MG-NREGA, enactment of NFSA has been a great achievement of the UPA Government. Right to Food is enshrined in the constitution, Article 47 of constitution reads : "The State shall regard the raising of the level of...
Deal Value Threshold In India's Data Driven Market
The much-awaited Competition law Amendment Bill 2020 was released for public comments in late February. One of the significant proposals in the Bill is that it enables the CCI and Central government to define new thresholds for merger notification by insertion of a proviso to Section 5. It enables the CCI to introduce sector-specific thresholds like deal- value thresholds. The...
Contempt- Anachronistic?
Thomas Paine said that in absolute states the king was the law; in free states the law must be, and is, the king. That is the desideratum of the rule of law which is the tribute paid by power to reason. Freedom of thought and expression including dissent is an important constitutional value which underpins a free and harmonious society. Justice Cardozo observed that freedom of speech...
'Court' vs 'Floor': Constitutional Conflicts In Rajasthan
It's a paradox in Rajasthan. MLAs are neither in assembly nor in constituencies, but in resorts. Congress asks speaker to disqualify them. Pilot does not attend CLP (Congress Legislative Party) but goes to the High Court. High Court 'requests' Speaker to wait. Speaker wanted the Supreme Court to stay the High Court's 'request'. In return gets a direction from the Supreme Court to follow...
'Anti-Defection Law: Need For Reforms And A Better Interpretation Of Law To Serve The Objectives
The strength of Indian Parliamentary Democracy lies in its people's commitment towards being active participants in the electoral foray by utilizing their right to universal adult sufferage for Legislative Assemblies and Parliament, every five years. These elected representatives are forebearers of the will of the people in the House and they enact laws for the welfare of the people....
Work From Home: A New Normal And A Complete Paradigm Shift To A New Culture
Continuous lockdown across the globe pursuant to outbreak of Covid-19 have compelled organisations to calibrate their business operation strategy. Establishments are now gearing up to invent efficient systems for a non-traditional alternative workplace located at home. Home based workers operating from home based offices will be a new normal. Management's attitude towards their...
The Battle Over A Day's Jail Term- The Epic Combat Between The UP Legislature And The High Court
The river Rapti runs past the town of Gorakhpur where begins our story. However, before we do so, lets travel hundreds of miles westward to another city, another river – The Thames. By the side of the Thames was the Palace of Westminster. Britain was in firmament. The tyrant King had pushed his people too much. Now even people's representatives had revolted. The King's eyes...
Pre-Trial Prejudice: Time To Identify The Evil In India?
On November 4, 1948, the Constituent Assembly of India, while discussing the proposed form of administration in the draft Constitution, witnessed the introduction of the phrase - "constitutional morality". Babasaheb Ambedkar introduced the phrase and called it a non-natural sentiment, something that has to be cultivated in the Indian society, a society that he referred to...
Expeditious But Not Effective: Exercise Of NGT's Suo Moto Powers In Industrial Accidents Cases
The orders and judgments of the National Green Tribunal in cases relating to two recent industrial accidents, the first one involving LG Polymers near Visakhapatnam, Andhra Pradesh and the second involving the Neyveli Lignite Corporation in Cuddalore, Tamil Nadu, deserve analysis for shared peculiarities. These are not the first instances of exercise of suo moto jurisdiction by the...
Rajasthan HC's Unreasoned, Indefinite Interim Order In Sachin Pilot's Case: Whither Law Of Precedent?
When I first read the order of the Rajasthan High Court in Prithivraj Meena and Others v The Hon'ble Speaker – the latest battle in the infamous Pilot-Gehlot war – I thought there were a few pages missing. The order first reproduces verbatim all the grounds raised by the dissenting MLAs in their petition. Then, it proceeds to record the submissions of each of the counsel on...