Articles
59 Chinese Apps Banned; India Treads On The Territory Of Potential Investment Treaty Claims
Introduction The Galwan valley clash triggered a strong anti-china sentiment in India. What ensued is a series of improbable steps ranging from the Atmanirbhar initiative to the latest PIB release dated June 29, 2020 banning 59 Chinese apps. The later assumes utmost significance in light of the Bilateral Investment Treaty (BITs) that India and China entered into in the year...
Encounter Culture Defeats The Rule of Law
As a citizen of Indian Republic, we all know what an encounter means in India? It is a staged clash which almost invariably end with dead criminals and unscathed or little-hurt police. Shockingly, grounds of encounters are also common in majority of cases that is "the deceased snatched pistol/rifle from policemen and tried to escape and fired, the policemen who were guarding them...
Taking White Collar Crime Seriously
A rising tide lifts all boats.[1]It is only when the tide goes out that you learn who has been swimming naked.[2]Afinancial crisis is often followed by a rise in financial crimes. A crisis, such as the one we now face, not only presents an opportunity (and greater motivation) for all sorts of financial shenanigans but also lays bare – the true financial position of a lot of corporations. ...
The Reading List Project : Must-Read Books For Law Students & Lawyers
The Idea Most law students in India find their legal education to be outdated and incomplete. Colleges and universities often teach foundational theories and concepts with a few basic procedural and substantive laws. While this helps in creating a basic understanding, it is in no way enough. To fill this void of knowledge, most law students take to reading — only to realize that...
Justice YV Chandrachud: A Gentle Colossus-A Centennial Tribute
A hundred years since he was born and thirty five years after he retired, it is appropriate to remember and pay tribute to Justice Y. V. Chandrachud, the 16th Chief Justice of India. He has the unique distinction of having had the longest tenure of about seven and half years as Chief Justice of India which would in all probability remain unparalleled. He was indeed a great judge, one...
Women In Constituent Assembly : Engaging With The Role Of Hansa Mehta
('Women In Constituent Assembly' series will discuss the role played by women in the Constituent Assembly of India. This is the second article of the series. The first one was about Dakshayani Velayudhan)Constitutions impact women. Even when constitutional provisions appear to be neutral, they impact lives of women differently. From distribution of power amongst Union and States to...
Drone Rules : Privacy Concerns In The Draft Unmanned Aircraft System Rules, 2020
The draft Unmanned Aircraft System Rules, 2020 ("Draft Rules"), which was released for public comments earlier this month, appear to have left a chasm by having inadequately addressed privacy concerns. Privacy emerges as a core concern as an imminent consequence arising out of civil/commercial operations of drones. Rule 35(1) of the Rules state as follows: "An imagery may be...
[Law On Reels] "Who Are You People?" 'Boston Legal' And The Death Sentence For Rape
'Boston Legal' (2004-2008) is one of the more popular American TV series on the 'Law' genre. Created by David E. Kelly, 'Boston Legal' ran for 5 seasons and 101 episodic narrations of the lives and the cases conducted by the lawyers of the fictional law firm 'Crane Poole and Schmidt' based out of Boston, Massachusetts. The only real lawyer in that series and that too an alumnus...
Fixing Accountability Of Judicial Magistrates
"The fault, dear Brutus, is not in our stars, but in ourselves, that we are underlings." The brutal custodial killing of the father and son in Tamil Nadu has not only triggered a public outcry against the police which continues to function under colonial law and with a colonial mindset but has also raised serious questions about our judicial magistracy and its...
Chinese App Vs The Tradition Of Bar
Recently, two very well-known learned Senior Advocates of the Supreme Court of India declared that they will not appear for a Chinese App against the Government of India. The same became the talk of the town to the extent that social media started praising them for showing their Patriotism towards the Country. This obviously meant that any other lawyer accepting the brief for the...
Covid-19,Climate Change And Planetary Health
1. INTRODUCTION Exposing the inadequacy of dominant western ethical tradition to provide a satisfactory basis for an environmental ethic and decrying human chauvinism, Richard Routley in his Last Man Arguments, asked us to visualize a hypothetical situation in which the last person, surviving a world catastrophe, acts to ensure the elimination of all other living things and...