Articles
Un-naming India: Unsettling the Firmly Established Identity
Sudden Emergence of a Needless Controversy Lately an unwarranted contestation concerning the name ‘India’ has been whipped up out of nothing. A deliberate effort appears to be underway to create a political binary between India and Bharat. Expectedly, the social atmospherics are now abuzz with conflicting, polarizing views characterized by acute ignorance and distortions. As a...
Women's Reservation & Our Founding Mothers: Reflections On Constituent Assembly Debates
The Centre’s introduction of the Constitution (One Hundred and Twenty Eighth Amendment) Bill, 2023, otherwise known as the Women’s Reservation Bill, has created a buzz in all sectors by proposing to reserve one-third seats for women in the Lok Sabha, the State Legislatures, and the Delhi Legislative Assembly. This Bill, which is expected to raise the political representation of women,...
Evaluating Chhattisgarh’s Policy On Candidates With Pending Charges: Addressing Violence Against Women Or Raising Questions Of Justice?
On the 11th of September, 2023, the Government of Chhattisgarh issued an Order vide. 1-1/2017/1-3[1] under the Chhattisgarh Civil Services (General Conditions of Service) Rule, 1961. This order bars such candidates for appointment in Government services who are facing the charges of certain provisions of the Indian Penal Code, 1860, pertaining to offences against women, or if they...
New Inter Services Law For The Military In India: Action In Haste
The successful passage of Inter-Services Organizations (Command, Control and Discipline) Bill, 2023 by the Parliament is projected a major statutory step to make the theatre commands effective[1]. The law would apply to the above category of military formations. Tri service establishments have been part of the military for long. National Defence Academy, Defence Services Staff...
On The Verdict In “Srinivasulu”— A Recently Reported Corruption Case
It was only now that I chanced to browse through the Judgment dated 15-06-2023 rendered by the Supreme Court of India in A. Srinivasulu v. The State represented by the Inspector of Police, CBI (Criminal Appeal No: 2417/ 2010) and authored by Justice V. Ramasubramanian. It is a well written judgment. The primary facts leading to the prosecution of the accused in the case have...
Landmark Decisions, Invaluable Contributions – Revisiting Ram Jethmalani’s Legal Journey
As we commemorate another year of Ram Jethmalani’s birth anniversary, we are reminded of the sheer presence and stature he brought to each case he argued – irrespective of the client he represented, the area of law the case concerned itself with, or any other extraneous factor. For him, his duty to the court was always paramount, and his allegiance to his client’s cause was undeterred....
Interim Awards In Arbitration: Complexities And Distinctions
In the realm of arbitration proceedings, interim awards play a critical role in navigating the course of dispute resolution. In appropriate cases, interim awards help in substantially reducing the scope of adjudication of the dispute, thereby contributing towards effective and expeditious resolution, which is fundamental to arbitration. Under the provisions of the Arbitration...
Evaluating The Mediation Bill, 2023
Among the Bills passed in the recent session of the Parliament is the Mediation Bill, 2023. This Bill has the potential to reframe how we understand access to justice in India. After more than twenty years of policies enabling and mandating mediation and conciliation, these expressions are no longer unfamiliar to us. These are processes where persons in conflict take the assistance...
Recourse To Article 226/227 In Consumer Disputes: Can The Power Of The High Courts Be Ousted?
The Consumer Protection Act, 1986 [‘the 1986 Act’] is a holistic and beneficial piece of legislation which is consumer oriented in its approach and seeks to provide expeditious reliefs to aggrieved consumers. The 1986 Act was repealed by the Consumer Protection Act, 2019 [‘the 2019 Act’]. Both these Acts provide for remedies in cases of disputes qua deficiency of goods/services...
Justice And Fairness In Arbitration - An Overlooked Principle?
Arbitration is emerging as a powerful dispute resolution mechanism to address the challenges posed by hefty litigation costs and time-consuming legal proceedings in courts of law, thereby offering mutually agreeable and amicable means of resolving disputes. The idea of party autonomy is one of the essential components of the arbitration mechanism as a result of the pressing...
The Question Of ‘Completion Of Pleadings’ Under Section 29A Of The Indian Arbitration And Conciliation Act,1996.
The Arbitration and Conciliation Act, 1996 amended in 2015 first introduced section 29A which prescribed the time limit of 12 months for an Arbitral Tribunal to conclude the proceedings and pass an award from the date it enters reference. The objective of the amendment was to expediate the arbitration proceedings and to make them more time efficient and desirable to the...
One Country, Many Names: What The Architects Of Our Nation Said About ‘India, That Is, Bharat’ In Constituent Assembly
Hundreds of years ago, famous English playwright William Shakespeare wrote, “What’s in a name? That which we call a rose, by any other name would smell as sweet.” This is what Juliet says to herself, as she ponders over the meaning of a name. Hundreds of years later, we ponder over the same thing, against the backdrop of rumours of a name change to be proposed for the country in...