Articles
New Lessons From Navlakha’s Case: Why Some Usual Bail Conditions Need A Review?
The need to approach the Supreme Court to seek an exemption from the production of a solvency certificate to avail the house arrest granted to Gautam Navlakha is an expression of a deeper problem. Amongst the many conditions of house arrest permitted by the Supreme Court, there is a condition that requires him to submit a local surety of Rs 2 Lakhs. The order granting house arrest...
Drafting Of An Arbitration Agreement – Key Checkpoints
The importance of well – drafted agreements cannot be overstated, more so in the case of Arbitration agreements which are often drafted without much thought and care, infamously referred to as mid – night clauses as they are often reviewed last moment before signing a contract. A one – size fits all approach can pose significant problems and increase time, cost and complexity of...
Off The Cuff Remarks Damaging To The System
In the past few weeks there have been casual and uninformed remarks. The views and counter views about the system of appointment of judges and the working of the courts display emotion and lack of knowledge. It is inappropriate for persons in high offices to speak casually and out of context. The system of appointment of judges to the higher judiciary is a serious issue that calls...
Deformity Relating To Age Of Child Under POCSO Act
Protection of Children from Sexual Offences Act, 2012 (hereinafter “the Act”) was enacted to protect children from sexual abuse and to provide a safe environment. The Act prescribed more severe punishment for sexual assaults committed against children than that was prescribed in Indian Penal Code, 1860, and it also provided child-friendly procedures regarding the proceedings of...
Will Of The People; India A Constitutional Democracy Not A Majoritarian Democracy
Much has been said in recent times about the striking down by the Supreme Court of the constitutional amendment introducing the National Judicial Appointments Commission (NJAC). As is well known, the Supreme Court struck down the constitutional amendment on the ground that it impinged on the independence of the judiciary, which is a basic feature of our Constitution. The judgement has...
Evolution Of The Live-In Relationship In India Vis-A-Vis Personal Law
Tradition, convention, custom- these words have a tight grip over human society. Most of us prefer the comfort of history over the uncertainty of the future. For this reason, we often resist or even fear the idea of change. This opposition to change is especially prominent in Indian society, which values its attachment to generational customs. One of the most prominent of these traditions...
Sharad Yadav’s Legal Legacy
The former Janata Dal (U) chief, Sharad Yadav, who passed away on Thursday, will be remembered for crucial legal battles he fought towards the end of his long political career - one challenging his disqualification from the Rajya Sabha, and the other challenging the Government’s order to vacate his official accommodation in New Delhi, allotted to him while he was a Member...
Concept Of Plea Bargaining
The Supreme court recently issued guidelines on disposing of cases through Plea Bargaining in an attempt to explore options for popularizing the very concept. However, it has once again started the eternal debate among legal scholars surrounding its fairness and constitutionality. To begin with, Plea Bargaining can be defined as the system of negotiating an agreement between...
5th Anniversary of Supreme Court Judges’ Press Conference: What Has Changed and What Has Not?
The fifth anniversary of the ‘historical’ press conference by four Supreme Court Judges - held on January 12, 2018 in New Delhi- was yesterday. Those who have been witnesses to it within and outside the Court have moved on with their responsibilities considering it perhaps as a one-off event,which had tarnished the image of the Supreme Court for a brief period.The 2018 press...
Law & Custodial Death
"One of the worst crimes in a civilized society under the Rule of Law is perhaps the death in custody. The Constitution's inherent rights, outlined in Articles 21 and 22(1), must be diligently and fiercely preserved. The right to live with dignity has been interpreted to include "life or personal liberty." As a result, it would also include a prohibition on torture and other forms...
Lack Of Substance Marks The Ongoing Tussle Between The Executive And The Judiciary
The ongoing turf battle between the Union Government and the Supreme Court’s Collegium is getting curiouser and curiouser. What initially appeared to be a contest for primacy over judicial appointments is now turning out to be an open display of discord between the Constitutional functionaries. While there should be no frequent public exhibition of bonhomie between the members of...