Articles
The New Legal Framework For Telecommunications: A Tool For Legal Regulation Or Public Surveillance?
On September 21, 2022, the Department of Telecommunications initiated public consultations on a proposed new legal framework for telecommunications. The Draft IndianTelecommunications Bill, 2022 (hereinafter, Draft ITB), is one of three proposed laws, collectively forming a pioneering scheme aimed at modernizing the archaic laws governing telecommunications and IT-related matters. The...
GST On Sale Of Not Readily Realizable Assets In Liquidation Under IBC
Under regulation 37A of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 permits a Liquidator to assign or transfer a 'not readily realizable asset' ("NRRA") through a transparent process, (in consultation with the stakeholders' consultation committee) for a consideration to any person, who is eligible to submit a resolution plan for insolvency...
Criminal Procedure Identification Act, 2022
The recently enacted Criminal Identification Act, 2022 has spurred a lot of protests among human rights activists. This law replaces the colonial Identification of Prisoners Act, 1920 and authorizes the executive to take measurements of convicts and other persons for the purpose of identification and investigation in criminal matters. It also authorizes the preservation of records and data....
The Digital Data Protection Bill, 2022 And The Concerns Associated
Center's Ministry of Electronics and Information Technology (MeitY) recently tabled another version of the data protection bill called the Digital Data Protection Bill, 2022. This is the fourth instance when the Center presented a bill on data protection. The Supreme Court, in Justice K.S. Puttaswamy (Retd.) &Another vs. Union of India & Others, 2017, held that the right to privacy...
Victim Participation In Criminal Justice System: An Indian Perspective
The crime victims' rights movement advocates for the rights of the victims of crime in criminal justice process. The concern for victim's rights had long been subdued. Eventually over a period, the victims' rights have become a focal point of the discussion. Starting from the point when an offence is reported to the investigating agency, till the stage of filing of charges and...
Interpreting MTP Act From A Pro Choice Perspective
The debate on right of a woman to terminate pregnancy is divided between two main groups: pro-life and pro-choice. Attempt here is to examine development of law on the subject in India from a pro-choice perspective. Medical Termination of Pregnancy Act, 1971 ("the MTP Act") that governs the field in India aimed to address the issue of illegal abortions resulting in risks to life of...
'Some Files Approved Fast, Some Kept Pending' : A Look At The Time Taken By Centre In Accepting Different Collegium Recommendations
Some recommendations are approved fast, but some others are kept pending for months, observed the Supreme Court recently while hearing a case filed against the Union Government for delaying approval for collegium proposals.There is no definite time-line set for the Centre to decide on collegium proposals, except in respect to names reiterated by the collegium as High Court judges, where there...
Some Suggestions To Improve The Collegium System of Appointments
We are back to square one upon Supreme Court of India striking down 99th Constitutional Amendment Act which (brought into force w.e.f. 13/4/2015) which inserted Articles 124A,124B,124C in the Constitution of India and made corresponding changes in the Articles 124 and 217, 222. [Please refer to SCORA vs. UOI (2016) 5 SCC 1] In view of the aforesaid development, the collegium...
Nani Palkhivala-The Gentle Colossus
December 11 marks the 20th anniversary of the passing of the one and only Nani Palkhivala. It is appropriate to remember him and light his memory on this occasion. Lawyer, jurist, expert in constitutional law, public finance and taxation, educationist, diplomat and statesman, Nanabhoy Ardeshir Palkhivala was all this and more. His was a multi-splendoured life marked by integrity...
Justice Krishna Iyer- A Tribute
If greatness consists in the combination of character and intellect and is to be judged by the lasting value of work done and the impact it has had on men and matters, Justice Vaidyanathapuram Rama Ayyar Krishna Iyer was amongst the greatest. It is given to very few to be a legend in one's own life time and earn universal admiration, affection and reverence. A multi-faceted...
Objection Milord!
Skirmishes between the Court on the one hand and the Executive or the Legislature on the other hand are not unknown. The Judiciary is often considered the custodian of the Constitution – to the protest of the elected. Scholars, some scholarly politicians and most politicians have termed the power of the judicial organ as the "tyranny of the unelected". Yet, over the years, history...