Articles
Artificial Intelligence In Aid Of Judiciary
A conversation on Artificial Intelligence and how it can enhance the capabilities of our overburdened judiciary was the impetus for an Advocate and a Data Scientist for writing this article. The conversation in Q&A form: Q: Can AI be used to pronounce judgements instead of a human? Ans: AI does not have a visual cortex and hence cannot see the feelings on the faces...
Fedaralism And India's Fight Against Covid - 19
Introduction India and the world are today faced with an unprecedented crisis – the Covid-19 virus is spreading rapidly and very little is known as to how it is to be defeated and when it would end. Its propensity to spread quickly and without knowing borders makes it essential that the fight against the virus be carried on in a similar fashion – without recognising state borders...
A Perspective On The Perplexity Surrounding The Latest Amendment To The Insolvency And Bankruptcy Code
Extraordinary times call for extraordinary measures. With the outbreak of COVID-19, corporate entities faced unprecedented challenges in meeting their financial commitments, leading to defaults on loans, delays in repayment against supplied and services etc. To tackle the understandable inability, the Notification dated 24th March, 2020 ( hereinafter the Notification) was issued...
Contracts Of Adhesion : Does The NCLT Have Power To rule Generally On Validity Of The Clauses Of Contracts ?
The National Company Law Tribunal ('NCLT'), established under the Companies Act, 2013, has emerged as the forum of choice for the purpose of 'recovery' of debt from corporate debtors under the Insolvency and Bankruptcy Code, 2016 ('IBC'), even though it was not established with the intent to enforce and effect recovery of debts. As much as everyone, including the learned members of the...
Till New 'Law', Whether Lynching Go Unpunished?
Yet another cruel lynching in India on 16th April 2020 in Gadchinchle village of Palghar District of Maharashtra killing two innocent Hindu Sadhu's in saffron robes and a driver of a vehicle they hired, indicating the utmost inhuman attitude of mob and criminal dereliction of duty by police. Even some policemen were beaten up. This involved more than hundred persons and a couple of...
[Kesavananda Bharati Case] Remembering Prof Conrad : The Genius Behind Basic Structure Doctrine
[This post is part of a special series celebrating 47 years of the decision in Kesavananda Bharti v. State of Kerala, wherein the Supreme Court of India laid down the 'Basic Structure Doctrine']. The judgment in Kesavananda Bharti v. State of Kerala [(1973) 4 SCC 225] is arguably the most important decision delivered by the Supreme Court of India. The judgment laid down that...
Militarization Of Health: A War Against Humanity
Global health crises have rocked the world recently with the recent SARS-CoV-2 virus and the earlier Ebola outbreak. In 2014, the UN Security Council in its Resolution 2177, termed the Ebola outbreak as a 'threat to international peace and security' under article 39 of the UN Charter. Now, when pandemics are termed as a 'security issue' rather than a 'health issue', it inevitably shifts...
Consumer Protection Act : Maintainability Of Complaint By A Trust
The Consumer Protection Act, 1986 ('the Act') provides protection for the interests of a 'consumer', who may allege the goods bought by her or him suffer from fault or imperfection or shortcoming in quality. Essentially, the 'complaint' of the 'consumer-complainant' may exhibit dissatisfaction with the 'defect' in the goods bought. On 16/02/2015, Supreme Elevators India Pvt....
Assessing The Changing Contours Of Criminal Procedure In India Through The Lens Of Recent Judicial Trends
Introduction: Law by nature is dynamic as it evolves with the time, place and people. Criminal law is no exception to this rule. In this context, an attempt here is made to examine and analyze the recent paradigm shift in the legislative framework of Criminal laws in India through the lens of judicial trends. Continuous amendments along with precedents have significantly contributed...
Re-Thinking Access To Justice In The Times Of Covid-19
The preamble of the Constitution of India commences with a solemn pledge to secure, for the people of India, Justice : social, economic and political. This constitutional commitment permeates Article 39-A in Part IV, casting an obligation on the State to secure equal justice to all citizens. The economic status of a litigant is no exception to this overarching principle. The ...
Time To Court Martial The Summary Court Martial
Indian army is the third largest force in the world. India has a total of 1.4 million active army excluding 11.55 reserve forces. Apart from the armed forces on ground, we have a strong Air Force and Naval Force consisting of around 140,000 and 60,000 active members respectively. It is a well-known saying among the military corridors that in terms of battle on the ground; Indian soldiers...
Earth Day 2020: Climate Action And The Problem With "How Dare You?"
This day marks the 50th Anniversary of Earth Day. However, it may be a first where humans are under lockdown and the environment is rejoicing. The first Earth Day was celebrated on April 22, 1970, where 20 million Americans (10% of the U.S. population at the time), took to the streets, college campuses and hundreds of cities to protest environmental ignorance and demand a new way...