Articles
Criticism and Diatribe : Grading Is Normal
Criticism is externalisation of self criticism. Self criticism is a duty to self. It helps the self to correct its own thought and thought process. It is anterior to expression of the thought to the world as a truth. Why does one express his thoughts to the external world? To gain acceptability of his thoughts. But no one expects acceptance without the acceptors judging it for themselves....
PM CARES - What does the Emblem of India Symbolize?
The Prime Minister on 28th March, 2020 announced the launch of the Prime Minister's Citizens Assistance and Relief in Emergency Situation (PM-CARES) Fund to accept donations to provide relief during COVID 19 pandemic, and other similar emergencies. On 1st April Shri Harsha Kandukuri an LLM student filed an RTI with the Prime Minister's Office for trust deeds of PM –CARES fund,...
Ad-Interim to Interim Stage : Delhi HC Takes A U-Turn To Vacate Stay Against BG Invocation
On May 29, Delhi High Court vacated its earlier stay order on Bank Guarantee encashment and held that COVID – 19, a force majeure event, does not excuse contractor's non-performance of a contract "for which the deadlines were much before the outbreak itself". Factual Matrix Selected in a competitive bidding process, Halliburton Offshore Services...
Supreme Court Of India Has No Sign Language Interpreters!
An online demonstration of the Supreme Court e-filing module was held and webcast on Friday, May 15/2020 which was attended by CJI SA Bobde and the Chairperson of the Supreme Court e-Committee, Justice DY Chandrachud. In this session the Hon'ble CJI SA Bobde gave his Presidential remarks, and Hon'ble Justice DY Chandrachud delivered an address encompassing the background and purpose...
Juvenile Justice Act And Misplaced Objectives
The Bois Locker Room issue has raised many important questions regarding consent, boys' culture and privacy. Most of the students who were part of the Instagram group have been booked by the Delhi Police are in grade 11th and 12th. As most of these students would be below the age of 18, they would be tried under the Juvenile Justice (Care and Protection of Children) Act, 2015("Act"). ...
Interventionist Judiciary Is A Necessary Shining Sword Of Modern Constitutionalism
The millions of migrants breathed a sigh of relief when the Supreme Court of India (SC) passed its interim directions on May 28 in a suo motu Public Interest Litigation (PIL) to redress their miseries caused by the unplanned lockdown to beat the coronavirus. However, the extraordinary intervention sparked a debate whether, SC should have refrained itself to the majoritarian art of...
'The Law Is An Ass': Charles Dickens And The Law
Charles Dickens passed away on 9th of June, 1870. His 150th death anniversary is unlikely to pass without reminiscing, as the sheer quality of his work has stood the test of time. Personally, I have been a huge fan of his works, having read some of his prominent works during childhood. The lockdown period gave me an opportunity to re - read his novels, and being a practising lawyer, I...
Judicial Silence Would Have Reaffirmed "Tyranny Of The Elected" : A Response To Ex- Chief Justice
A persistent pressure is being mounted from unlikely quarters on the Courts, particularly the Supreme Court, to desist from intervening in the matter of grave national crisis concerning the migrants. Persistent inaction of the governments has resulted in the heaping of unimaginable miseries on millions of migrants trudging on the roads on foot, short of food and water, as well as...
Privacy In Cyber Space
Dr. Jasmine Alex My son, when he was six years old, vehemently opposed one of my relatives taking his photographs in a family function. Being embarrassed among the crowd due to his discourteous screams, I inquired the reason why he was so blunt in such a family gathering and he frantically revealed his dislike and apprehension on his photos being immediately uploaded by these uncles...
Historical Background Of Wearing Black Robes By Advocates
"Being a lawyer is not merely a vocation. It is a public trust, and each of us has an obligation to give back to our communities." - Janet Reno Dress Code is a 'symbol of confidence', a 'symbol of discipline', a 'symbol of the legal profession' and a 'proud part of an individual's personality' for a profession. The...
COVID-19 And Jus Cogens Norm Implication On China
Jus Cogens are higher norm in international law, which binds the states independent of states treaty obligation, because international law is largely informal and consent oriented, jus cogens norm play a crucial role in regulating the conduct of states; however, only very few norms have attained the status of jus cogens, one of which being right to life, besides being a jus...
Professional Ethics: A Gentle Reminder To The Solicitor General Of India
The Solicitor General of India is the Second Law Officer of our Country – India. It is not a Constitutional but a Statutory Authority and a very respectable post. Young Lawyers aspire to achieve it someday. Mr. Tushar Mehta is an energetic and luminous Senior Advocate of the Supreme Court of India and is currently the Solicitor General of India who advises the Government of India...