Know the Law
Insolvency Law In Review – November & December 2021
The enactment of the Insolvency and Bankruptcy Code 2016 (Code) has had significant ramifications on the corporate insolvency landscape. Over time, the Code has witnessed a manifold increase in litigation, and consequently in the number of decisions. This has made it difficult for insolvency practitioners to stay updated with developments in the field. This column fills this...
Bill to repeal four Labour Codes introduced in Rajya Sabha
On February 4th, 2022, a Private Member Bill was introduced in Rajya Sabha, by CPI(M) leader Elamaram Kareem to repeal the four new Labour Codes being opposed by Trade Union Leaders and Labour law scholars alike. Normally introduced as a mark of protest, Private Member Bills are floated by MPs who are not Ministers (Bills by Ministers are called government bills) and can be introduced...
Model Code Of Conduct: An Equalizer Lost In Implementation
The role of free and fair elections in any democracy cannot be understated. And the enormousness of that task in a democracy as heterogeneous as India can only be tackled by a body free of state interference, mandated under constitutional powers, armed with the ability to take immediate, spontaneous remedial action in case anyone intends to make a plaything of the election process which...
Some Common Misconceptions Regarding Traffic Rules In India
The Motor Vehicles Act is a legislation of the Parliament of India which lays down rules vis-a-vis all aspects of road transport vehicles and traffic laws. The Motor Vehicles Act, 1988 came into force from 1 July 1989 and was thoroughly amended by The Motor Vehicles Amendment Act ,2019 after the interlude of about 30 odd years in order to expunge the obsoleteness of the old Act...
Maternity Benefits In India: A Look At The Well-Intended But Misguided Law
The persisting global gender gap in the workforce has created a dire need to make inclusive policies to augment women's participation in the labor force and in lieu of this, several countries around the world have formulated liberal maternity benefit provisions so that motherhood does not become a reason for women to opt-out of the workforce. In India itself, the female...
Know the Constitution[ Part III]: Union and Its Territory - Articles 1 To 4
Article 1-4: Union and its TerritorySpeaking at an event recently, Justice Gautam Patel of the Bombay High Court had noted that the "Constitutional Idea of India" lay not in the chapters on Fundamental Rights or Duties but rather in Article 1 of the Constitution."Everything in the Constitution flows from this Article. This has to be THE Idea of India for without which India cannot exist. What...
Plea Bargaining: A Look At What Was And What Should Be
The concept of Plea Bargaining which originated in the United States, today exists in most countries having robust crime prevention systems. It has been touted as an important mechanism to bring equilibrium between committing an offence and the subsequent punishment that offence demands. In addition to this, Plea bargaining also reduces the burden on courts significantly and this is...
Textual Interpretation Of Statute Should Match With Contextual Interpretation: Supreme Court
The Supreme Court observed that while interpreting the provisions of a statute, the textual interpretation should be matched with the contextual one.Statutes have to be construed so that every word has a place and everything is in its place, the bench comprising Justices L. Nageswara Rao, BR Gavai and BV Nagarathna observed.The court observed thus while considering an appeal against a...
Irrelevance Of Character Evidence In Rape Trials
It has often been stated by activists, policy makers and judges alike that rape trials victimise the rape survivor[1] by subjecting her to a series of harrowing experiences, from the medico-legal examination to harassment by the police, disturbing cross-examinations and in several cases, the questioning of her character by lawyers, judges and the public.[2] To make the process...
Gig Workers, Platform Workers & Gig Economy
When the new labour Codes were introduced, like every other legislation, they invited critique from different quarters because of reasons ranging from lawmakers' lackadaisical understanding of labour policy to increased stringency of provisions making it more difficult for workers to assert certain basic rights. But one aspect of labour codes that was applauded by all stakeholders was...
Strikes And Lockouts
Preventing illegal strikes and lockouts is a key concept both under Industrial Disputes Act, 1947 and in the Industrial Relations Code. Its significance can be understood by the fact that this statement finds its place in the very objectives of the Industrial Disputes Act, alongside maintaining harmony and good relations and well, solving industrial disputes. This article aims to look at...
Dispute Resolution Mechanisms Under Industrial Disputes Act, 1947 and Industrial Relations Code
Industrial Relations Code, 2020 states in its objectives that it aims to "minimize the friction between the employers and workers; provide provisions for investigation and settlement of Industrial Disputes and achieve industrial peace and harmony as the ultimate pursuit in resolving industrial disputes" and thus, this article aims to analyze the multiple institutions provided...