Articles
The Uniform Civil Code- Reigniting Debate
In the midst of the current debate on the Uniform Civil Code in India, a pivotal question remains unanswered: will it be declaratory, as advocated by Dr Ambedkar, or mandatory—a concern exacerbating tensions among minority communities? The issue of implementing a UCC has sparked heated debate and controversy in recent times. Proponents argue that the existence of diverse personal laws encourages ambiguity and inconsistency, making legal matters challenging to deal with. On the other hand,...
Study On The Protection Of Plant Varieties and Farmers Rights Act, 2001
As the country faces another farmers' protest soon after the father of agrarian reform in the country, MS Swaminathan, was conferred the Bharat Ratna posthumously. We examine a lesser-known statute, the Protection of Plant Varieties & Farmers' Rights Act, 2001, introduced to protect the rights of farmers, and whether it has, through a study of case-law on it, fulfilled its stated objectives, or fallen short of them. On the eve of independence, 85% of India's population derived...
The Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS” For Short) At A Glance-Comments By Justice Ramkumar
This is in continuation of my earlier article titled “IS THE LEGISLATIVE MEASURE OF REPEAL AND SUBSTITUTION OF THE THREE EXISTING MAJOR PENAL STATUTES, AN INEVITABLE DESIDERATUM?”. On a closer scrutiny I find BNSS fraught with certain other illegalities and improprieties, although some of the provisions are welcome changes. I am sharing my thoughts with respect to the same. A The...
Section 303 Of IPC: Judgement In Mithu V. State Of Punjab And The Newly Added S. 104 Of BNS
As we all know, Section 303 of the Indian Penal Code, which mandates the death sentence for a person who commits murder while undergoing imprisonment for life was struck down by the Supreme Court in Mithu v. State of Punjab (1983) since it violated Article 14 and 21 of the Constitution of India.In the new penal code, The Bharatiya Nyaya Sanhita 2023 (BNS), the old Section 303 is replaced...
Uttarakhand's UCC – Unifying Laws Or Dividing Communities? [Part-II]
Read the First Part of this Article hereProbate and Letters of AdministrationA cumbersome and expensive step has been added to intestate succession in a chapter dealing with testamentary succession, probate, and letters of administration. Letters of administration (LoA) for intestate succession under the Indian Succession Act are applicable in a very limited way to a narrow class of non-Indians and do not apply to Hindus, Muslims or Christians. As of now, it is a purely voluntary...
CAA's Discriminatory Nature : Explaining With The Help Of A Supreme Court Case
After keeping the controversial Citizenship Amendment Act, 2019(CAA) on the backburner for over four years, the Union Government on March 11 notified the rules to implement the legislation, which purports to give citizenship to persecuted minorities in our neighbouring countries who fled to India. The interesting aspect is that neither the Act nor the Rules mention fleeing from...
Why The Case Against Constitutional Activism Fails? A Response To Its Critics
There has been a swirl of criticisms levelled by those who for convenience alone we call 'the anti-activists'. The central thesis of their argument' is that those who are critical of the judiciary demanding constitutional activism are both undermining the judiciary and posing a danger to democracy. They target lawyers, retired judges, members of civil society, academics, and...
Uttarakhand's UCC – Unifying Laws Or Dividing Communities? [Part-I]
All the transient provisions in the Constitution, such as for language, reservation, special status to Jammu and Kashmir, or the Uniform Civil Code (UCC), were treated as transient because there was no unanimity at the time of the Constituent Assembly debates. Now, the BJP-led Uttarakhand government has passed the UCC Bill into law on February 7, 2024. Here, I deliberately skirt any potent argument[1] against framing a law that even the 21st Law Commission headed by Justice B.S. Chauhan declined...
The Doctrine Of Implied Repeal - An Essential Component Of Parliament Supremacy?
The Indian Parliament has absolute sovereignty to enact or repeal any law. What is important to the Parliament's supremacy is that the predecessor's act cannot bind the successor's action. In this backdrop, the principle of the “Doctrine of Implied Repeal” comes into the picture. It states that “if an Act of the Parliament is in conflict with an earlier Act, the latter is deemed...
Political Background Not Sufficient Reason To Deny Judgeship: Supreme Court Collegium Rejects Centre's Objection Over CPI(M) Affiliation
On March 12, 2024, the Supreme Court collegium headed by Chief Justice D.Y. Chandrachud recommended the name of Shri Manoj Pulamby Madhavan for appointment as Judge of the Kerala High Court.In evaluating the suitability of Shri Manoj, the collegium evaluated and scrutinized all the materials available on record. The Department of Justice had observed that Shri Manoj was a CPI(M) sympathiser...
Abortion As A Constitutional Right: France Judgment From Indian Perspective
In recent news, France made headlines by declaring abortion a constitutional right, marking a milestone in the realm of rights for women. But does it align with the values and perspectives of other nations, particularly India? In recent years, the global perspective on reproductive rights has witnessed a significant development with France's groundbreaking decision to declare abortion...