Articles
An Open Letter To The Law Minister: The Origin And Not An Unqualified Rationale Of The Collegium System Of Appointments
Dear Sir, This is with regard to your observation that the collegium system of appointments is alien to the Indian Constitution. Like all constitutions across the world, not everything is written in the constitution. And, not everything written in the Constitution is immutable. Our Constitution provided for nebulously "consultation" with the Chief Justice of India, for...
An Act Of Judicial Indiscipline
Occasionally, the outcome of the judicial process is shocking. One of them is the recent order of the CentralInformation Commission making remarks about an earlier Supreme Court judgement. I feel those remarks amount to a serious judicial indiscipline. The issue before the Commission was about the disclosure of information relating to honorarium (salary) payable to the Imams in...
Maintaining Equality In Claiming Maintenance
Recently, the Supreme Court of India has given yet another decision explaining the scope of Section 125 of the Code of Criminal Procedure, 1973 ('the Code') contained in Chapter IX,[1] adding to a legion of cases doing the same. Though, as the name suggests, the Code is by and large a procedural enactment. Section 125 is one of the exceptions that creates a substantive right for...
Arbitrator's Fee ; An Analysis Of Indian And International Laws
Arbitration, Mediation and Conciliationare alternate dispute resolution mechanisms which are preferred over litigation for they are cost effective and time saving. Keeping in mind the high pendency of cases, arbitration and mediation are encouraged by the judiciary as it shares the burden of the courts in winding up the matter in a time-bound manner. The bench of the Tribunal comprises...
Glaring Flaws In Provisions Of Foster Care For Adoptable Children
A combined reading of the Juvenile Justice (Care & Protection of Children) Act 2015 as amended by the Juvenile Justice (Care and protection of Children) Amendment Act, 2021 (JJ Act), Juvenile Justice Model Rules 2016 as amended by the Juvenile Justice (Care and Protection of Children) Model Amendment Rules 2022 (JJ Model Rules) and Adoption Regulations 2022 (AR 2022) reveals...
Draft Data Protection Bill Is A Common Person's Delight; Still Trows Up More Confusing Questions
All must be familiar with the timeline leading up to the new draft Digital Personal Data Protection Bill, released last week for public comments. Its roots can be traced to the Supreme Court's Puttaswamy judgment which exhorted for a data protection law for the country in the light of the iteration of privacy as a fundamental right. Then there was the Srikrishna Committee Report which...
Beds Are What Drug Addicts Need, Not Prison Bars
Understanding how drug addiction crept into the region of heaven where people are thought to be living in peace—where they are supposed to be in peace—and whether punishment is the only effective way to stop this menace are crucial to combating the "Drug Menace" as a major threat to life and young lives. The drug problem in J&K is caused by a number of external and internal...
Social Context Adjudication: 'A Tool That Can Be Used By The District Judiciary To Provide Social Justice Without Writs And PILs'
The 'Preambular promises' of justice, liberty, equality and fraternity give the blue print of the type of society which 'We the people of India' resolved to give to ourselves. The Constitution of India provides a roadmap by weaving a pattern of rights and duties for establishing an egalitarian society based on the principles of fraternity and social justice. When India...
Crimes Against Women: Eyes Of The World Are On India
On November 10, 2022, India's track record on human rights was peer reviewed at the 41st session of the Universal Periodic Review (UPR) Working Group at the United Nations Human Rights Council. While various issues related to civil and political rights, as well as economic and social rights were highlighted during the session, a running theme across the entire session was the issue...
Offline Personal Data Not Within The Purview Of The Digital Personal Data Protection Bill, 2022
The draft digital personal data protection bill, 2022 was released on 18th November. The bill carries some drawbacks despite taking a lot of time for its finalization. One of those drawbacks is the ignorance of offline consumer and their rights. Section 4 (3) (b) of the draft digital personal data protection bill, 2022 states that the Act shall not apply to offline personal data. In...
Rights Of Rape Victims
Rape is a stigma which exists in the society from a long time. Rape in India is a cognizable offence. Section 375(1) of Indian Penal Code defines rape as sexual intercourse with a woman without her consent, it amounts to rape. As there ports of the police in the national capital Delhi is that there's an increaseof 21.6% in rape cases registered in 2021 as compared to the 1618 cases in...
Federalism Under Crisis: Unveiling The Constitutional Aspirations On Higher Education
During my tenure in the Indian Parliament one of the most exciting experiences was when, I had objected the introduction of a legislative bill which intended to incorporate a University in Budhalkand. The objection was based on the legislative competency of the Parliament to incorporate a university in a state. A cursory glance, into the provisions of our Constitution reveals that...