Articles
Challenges Of Statute Mandated Arbitration Under The National Highways Act, 1956
Background“Interminable, time-consuming, complex, and expensive court procedures impelled jurists to search for an alternative forum, less formal, more effective, and speedy for resolution of disputes, avoiding procedural claptrap and this led them to Arbitration Act, 1940. However, the way in which the proceedings under the Act are conducted and without exception challenged in courts has...
Supreme Court's 'Illegal But Permissible' Jurisprudence
There is an obvious difference between a judgment of the Court and a newspaper editorial or an opinion piece. While both seek to take a principled stand and appeal to a higher ethical conscience, a court judgment has the power to create real world consequences, whereas an editorial piece can only aim to shape public opinion at an abstract level. The Court’s judgment can nullify the effects...
Green Hydrogen: Empowering India’s Journey Towards Energy Independence And Net Zero Emissions
“Sustainable and inclusive development has become a prevailing global agenda over the past few decades, garnering significant attention and dedication from nations across the world.” World Bank, 2018 (Transforming our World: The 2030 Agenda for Sustainable Development) Sustainable and inclusive development has been the global goal for the past...
Decoding The Mental Healthcare Act, 2017: An In-depth Analysis Of India's Mental Health Legislation
In the coeval times, the term “health” is not limited to the physical aspect of the body but also includes mental and spiritual well-being. The concept in itself has attracted colossal credibility and has encouraged the government to look after the existing facilities and make way for up-to-the-minute developments taking place in terms of mental health care. The Mental Health Care...
Principle Of Fresh Start And Children In Conflict With Law
The Juvenile Justice (Care and Protection of Children) Act 2015 (hereupon referred to as the JJ Act) is a law that holds immense significance for the welfare of children in India. The development of juvenile justice jurisprudence in our country is ongoing, with new challenges arising daily. These challenges provide an opportunity for courts to establish a positive legal precedent on...
SEBI Intends To Do Away With The "Promoter" Label?
The recent issue of equity transfer to family trust structures in the case of a popular fintech company has once again shed light on a certain lacuna in the regulator's system, one that SEBI (Securities Exchange Board of India) is yet to fix. To understand the issue in detail, we must first take a look at the definition of “Promoter”. A promoter of a company is generally defined as...
The Unheard Will Of The People- A Question Of Public Consultation
The recent invitation for public suggestions by the 22nd Law Commission (LC) on the feasibility of the Uniform Civil Code (UCC) has raised important questions about the approach taken by the commission regarding public consultation. In a diverse country like India, it becomes crucial to examine how the public is involved in such exercises. The focus of this article is not to discuss...
A Look At The Forest Conservation (Amendment) Bill, 2023
The Forest Conservation (Amendment) Bill, 2023 will be presented during the Monsoon session of the Parliament which is likely to begin today. State governments including Chhattisgarh and Jharkhand, environmental and civil society organizations, activists and students have submitted their objections to the bill introduced by Shri Bhupender Yadav, the Minister of Environment, Forest and...
Deploying Drones For Prison Surveillance: A Security Or Privacy Threat?
The legislature and judiciary has mostly overlooked the concerns of prisoners regarding the situations of life in prison throughout our history. There are several international agreements that set standards for how prisoners should be treated including Universal Declaration of Human Rights, (1948), Convention against Torture and other Cruel Inhuman or Degrading Treatment...
Not Uniform Civil Code: India's Plural Legal System May Enlighten The World
The abolishing of Personal Laws of India (PLI) is challenging questions in post-colonial India even after 75 years, when India is officially celebrating the glorious history of its people, culture, diversity, the elixir of freedom and achievements. The ‘new India’ is stuck with incredibly old debates, which reflect the immense internal diversity of this massive nation state...
Regulatory Framework To Deal With Carbon Emissions From Aircrafts
When persons across the globe are gasping for clean air to stuff their lungs in order to get the spell of life, it becomes important to deal with the issue of carbon emission from aircrafts with utmost precision. The amplitude of choice made by flyers in terms of opting air travel as most convenient mode of transport, may kindle distress among environmental campaigners. The augmented...