Articles
Analysing The Constitutional And Legal Sanctity Of Election Laws (Amendment) Bill, 2021
The Election Laws (Amendment) Bill, 2021 was passed hastily in the Parliament last month without adequate discussion in both houses. The amendment intends to streamline electoral rolls by removing duplicate entries and false voters from the list. However, its practical implications entail concerns around the infringement of the right to privacy of the citizens, undermining of the...
Not Adding Interest To The Principal To Arrive At Threshold Of Rs.1 Crore ; A Critique On CBRE V. United Concepts Decision
In CBRE V. South Asia Private Ltd v. M/s. United Concepts and Solutions Private Limited ("CBRE"), the Principal Bench of the National Company Law Tribunal ("NCLT") recently took a view that "the Interest amount cannot be clubbed with the Principal amount of debt to arrive at the minimum threshold of Rs.1 Crore for complying with the provision of Section 4 of IBC, 2016." In the said case,...
Quantifiable Data On Reservation In Promotions
The recent judgement of the Supreme Court in Jarnail Singh v. Lachhmi Narain Gupta, Civil Appeal No. 629 of 2022 ("Jarnail Singh II") has once again turned the spotlight on one of the most emotive and volatile issues in India, that is, reservation for Scheduled Castes ("SCs") and Scheduled Tribes ("STs"). The case reached the Supreme Court on account of multiple High Courts striking...
The Essential Religious Practices Test And The Inversion Of Agency: Notes From The Hijab Hearing
The essential religious practices test ["ERP"] is one of the enduring burdens of Indian constitutional law. Its origins (as I have shown here) lie in a judicial misreading of one sentence spoken by Dr. Ambedkar in the Constituent Assembly Debates. Scholars have criticised it. Judges have expressed discomfort about how it forces them into becoming ecclesiastical authorities (often for...
Censorship By Sealed Cover: The Kerala High Court's MediaOne "Judgment"
When a single judge bench of the High Court of Kerala reserved its judgment on the question of the central government banning the MediaOne news channel, one awaited a reasoned order that would subject the executive action in question to rigorous judicial scrutiny. As banning a TV channel strikes at the core of the right to freedom of speech and expression, one expected that the...
Amazon V. CCI: Analysis Of Whether Res Judicata Stays Applicable On Orders Passed By CCI
The Karnataka High Court ('HC') dismissed writ petitions brought by Flipkart Internet Pvt. Ltd. ('Flipkart') and Amazon Sellers Services Pvt. Ltd. ('Amazon') (collectively "Opposing Parties") contesting the Competition Commission of India ('CCI') order made under Section 26 (1) of the Competition Act, 2002 ("Act"). This case dealt with the notion of res judicata and its applicability to...
Veiling Of Opportunities: The Case Against The Karnataka Hijab Ban
In 2017, the Supreme Court, almost prophetic of the times to come, in the K S Puttaswamy Vs.UOI (2017) 10 SCC 1 cautioned that nobody would want to be told by the state as to what they should eat and what they should wear. As far back as 1949, at the time of the debates of the Constituent assembly, a proposal was made in relation to the freedom of religion. It was proposed by a...
Consumption Of Narcotics – Bailable Or Non-Bailable?
The Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS Act") was enacted to consolidate the law relating to control and regulation of operations relating to narcotic drugs and psychotropic substances, including illicit traffic of the same. Narcotic drug is defined to mean coca leaf, cannabis (hemp), opium, poppy straw and includes all manufactured drugs[2]...
Judge-Wise Statistics Of Reportable Supreme Court Judgments In January 2022
Despite January having only 18 Court working days, the Supreme Court delivered 88 Reportable Judgments across various fields of law. On an average, therefore, on every working day in January, the Supreme Court delivered approximately 5 Reportable Judgments. These numbers are despite various reports indicating that about 13 Judges of the Supreme Court, and 400 registry officers had...