Articles
In Defence Of The Canadian Supreme Court's Majority Judgment
Recently, the Canadian Supreme Court delivered a significant verdict on the issue of whether unwritten principles of the Constitution can be used to strike down legislations [Toronto (City) v. Ontario (Attorney General), 2021 SCC 34]. While the dissent ruled in the affirmative, the majority in a close 5:4 verdict held to the contrary. In a recent post, Senior Advocate Arvind...
Can Ordinary Legislation Be Struck Down For Violating 'Basic Structure' Of Constitution? Canada Supreme Court Judgment Revives The Debate
Recently, the Supreme Court of Canada (by majority 5:4) held that 'unwritten constitutional principles' like democracy, though are part of Constitution, cannot be used as bases for invalidating legislation. The dissent, referring also to Indian judgment in Kesavananda Bharati case, noted that many Parliamentary system have recognized that unwritten constitutional principles have full legal...
Munsiff-Magistrate Selection : On Filling Up All Existing Vacancies From A Rank List
After five year long strenuous efforts by the Full Court and the Registry of the High Court of Kerala, comprehensive amendments were brought about in the Kerala Judicial Service Rules,1991. The amended Act 2018 was implemented with a view to bring in quality in the subordinate judiciary by ensuring timely filling up of vacancies with qualified candidates. The poor quality and...
Drug Policy Reform: Shifting Focus From Criminalisation To Harm Reduction
In 1971, when the United States of America called for a war on drugs, most of the countries were quick to jump on the bandwagon. By putting their faith in the concept of retribution and deterrence, the policy adopted by all and sundry was to enact stringent laws to combat drugs. Later, Government officials confirmed that President Richard Nixon's warcry was a racist and...
Recent Important Judgments On Arbitration
The Supreme Court of India and various High Courts of the Country have pronounced numerous judgments in the matters related to the Arbitration and Conciliation Act, 1996, recently. In this write-up, the important pronouncements are briefly discussed. Garg Builders v. Bharat Heavy Electricals Limited, Civil Appeal No. 6216 of 2021 (Decided on 04/10/2021). A Bench of Justices S....
Community Service Not A Valid Bail Condition
It has now become a trend in the court of justice to impose the community service as a bail condition upon the accused. Recently, a local court in Bihar directed a person accused of outraging the modesty of woman and attempt to rape to wash and iron the clothes of all women of the village free of cost for six months. Even during the first wave of Covid-19 when everyone was under the...
Corrective Rape: Inside India's Obsession With Heterosexuality
Imagine your parents getting you raped to cure you! Done under the meticulous façade of love and family. It would be so painful to feel invisible and drowning, only to realize in hindsight that people knew and talked about it, just not with you. Abuse is often considered a private issue to be gossiped about; not something to acknowledge in the light of day. Around the world, LGBTQ people...
Regulatory Impacts And Policy Issues Of Electric Vehicles On Indian Power Sector
The power is one of the most important infrastructure of any nation and our country has one of the most diversified power sectors in the world and its sources includes coal, natural gas, nuclear power, oil, wind, solar and domestic waste as well. Laws Governing The Power Sector In India In the year 1910, the first central act came on electricity which was replaced by the...
Aryan Khan And Others Denied Bail - Can A Magistrate Grant Bail For Offences Under The NDPS Act?
A Metropolitan Magistrate's Court on Friday rejected the bail application of Bollywood actor Shahrukh Khan's son Aryan Khan and others in the cruise ship drug case, on the ground that the plea was not maintainable. The issue regarding the maintainability of the bail application was raised by the Additional Solicitor General appearing on behalf of the Narcotics Control Bureau who...