Articles
Justice Akil Kureshi Writes : Recent Judgment Of Supreme Court In 'Vikram Bhatia' Sets A Deeply Disturbing Trend
Article 265 of the Constitution of India provides that no tax shall be levied or collected except by authority of law. This short Article in a most emphatic manner prevents the State from collecting tax arbitrarily. At the same time, the Courts recognize a great degree of latitude in the legislation in the field of taxation. In a landmark judgment in the case of R.K. Garg, it was observed...
Reclaiming The Freedom Of Speech And Expression In An Orwellian Dystopia
The median age of this graduating class, I'm guessing, is 23. That would make "The Emergency" little more than a historical concept, a period heard or read about, but of no greater immediacy than the British Raj, the freedom struggle, Independence, or Partition. Born a quarter century after what was seen as the great aberration of 1975-1977, and coming of age in an era of...
Recent Acquittals From Supreme Court Reflect Deep Malaise In Our Criminal Trial System
"Every acquittal should be understood as a failure of the justice delivery system, in serving the cause of justice. Likewise, every acquittal should ordinarily lead to the inference, that an innocent person was wrongfully prosecuted" - Supreme Court in State of Gujarat vs Kishanbhai (2014)A series of orders passed by the higher courts recently, acquitting convicts in murder cases after...
Whether Law Of Limitation Applies To The DV Act?
The Protection of Women from Domestic Violence Act, 2002 (for brevity “the Act”) was enacted in 2002 for the serpentine issue of domestic violence against women at large in almost all spheres of society in different manners. The Act has indeed become a water-shed moment for the rights of the aggrieved women, and has provided almost all the practical reliefs that an aggrieved woman may...
A Relationship Still Undefined : Remembering Justice Thottathil B Radhakrishnan
“You don’t know how deeply you are intertwined with someone until they leave you” Writing an obituary about someone who was closely associated with your life is painful, especially when you are struggling to come to terms with their untimely passing. Therefore, it is difficult for me to put to words my thoughts about my beloved senior Shri. Thottathil B Radhakrishnan who was my pillar...
Assent To Bills: Problems And Justiciability
The problem of delay in according assent to Bills passed by the legislature is a burning issue that confronts our polity and quite often is an affront to our democracy and its fundamentals. Just a couple of days ago, the Supreme Court had to deal with a writ petition challenging the delay in assenting to a Bill by the Governor of Telangana- W.P. (C) No.333 of 2023. The Court disposed of...
1973 April 26- The Saddest Day In The History Of Our Free Institution
This was the title to a Joint Statement issued by eminent members of the Bar and former members of the Bench.[2] On 26th April 1973—half a century ago today—is the only day in the history of the Supreme Court that the Bar struck and called the action of the Government "a blatant and outrageous attempt at undermining the independence and impartiality of the judiciary."[3]. It was the day...
‘Surveillance State’ Under Draft Telecommunication Bill, 2022.
Recently, in the month of September, the Ministry of Communication proposed a sunset period for obsolete telecommunication rules by releasing the new draft Telecommunication Bill, 2022. The bill seeks to enable a future-ready framework for the telecommunication sector and stay attuned to the realities of the 21st century. It also aims to upgrade the current regulatory framework in light of...
Shaping A New Era: Overhauling India's Antitrust Landscape With The Competition (Amendment) Bill, 2022
On April 3, 2023, the Rajya Sabha approved the Competition (Amendment) Bill, 2022, which is aimed at modernizing the existing anti-trust law that has been in place for two decades, in order to align it with the evolving economic landscape. The Bill was initially presented to Parliament in August 2022 and was subsequently referred to the Standing Committee on Finance for evaluation....
Golden Jubilee Of Kesavananda Bharati: Celebration And Introspection
This April 24th marks the 50th anniversary of the Kesavananda Bharati judgment which expounded the basic structure doctrine. It is the most celebrated constitutional case of the country. The full court of 13 judges, the largest bench ever-Chief Justice S. M. Sikri and Justices J. M. Shelat, K. S. Hegde, A. N. Grover, A.N. Ray, P. Jaganmohan Reddy, D. G. Palekar, H. R. Khanna, K. K. Mathew, M....
Master Of Roster Or Judicial Superiority?
The concept of the Master of Roster permits categorization of subject-matters by Chief Justice of India and Chief Justices of High Courts , but unfrotunately this sui generis power is not excersised fairly by few a Chief Justices of High Courts. The system of ‘Master of Roster’ is prevalent in Supreme Court and High Courts for bench allocation. As per the system of...