Why The Minority Judgment In The EWS Reservation Case Offers A Better View Under The Given Conditions?

Nothing occurs in a vacuum. Phenomena are to be understood in their contexts. Let us take the case of 103rd Constitutional amendment which introduced Articles 15(6) and 16 (6) to extend reservations to Economically Weaker Sections (EWS). Data revealed by the Labour Ministry for the year 2017-18 pegged unemployment rate in the country at 6.1%, highest in forty-five years according to critics, irrespective of the fact that Labour Ministry claims the usage of a different matrix in the...

Unfulfilled Vision And Lackadaisical Approach;Legal Aid Services And The Worrisome Statistics Of Pro Bono Aid In India

In 1952, the idea of Free and Accessible Legal Aid was taking its roots in the Indian policy with several conferences and meetings being held to deliberate the Future of Legal Aid framework, which would later on serve as a Path to Justice for the Poor and underprivileged sections of the Society. Furthermore, Article 39A of the Constitution of India reaffirms the stance of the Policymakers as it effectively mentions the term Free Legal Aid and that the opportunities for securing justice are...

Philately Vs. Antiquities & Art Treasures Act, 1972: The Question Of Antiquity

The High Court of Delhi recently delved into the aspect of classification of philatelic exhibits as "antiquities" within the meaning of the Antiquities and Art Treasures Act, 1972[1]. Philately is defined as the collection and study of postage and imprinted stamps[2]. "Antiquities" under the Antiquities and Art Treasures Act, 1972 is defined as any coin, sculpture, painting, epigraph other work of art or craftmanship, any object illustrative of science, art, crafts, literature, religion,...

A Brief Parody

A recent amicus brief (which is a legal brief filed by an organization or individual not party to the case but provides additional or relevant information with a view to assist the Court) in the Supreme Court of the United States (SCOTUS) is making the rounds because of its hilarious but impactful writing. However, before indulging in the contents of the brief, we must know what gave rise to it and who filed it? The brief has been filed by an American digital media company called 'The...

Chief Justice DY Chandrachud: Landmark Judgements, Constitutionalism, and Penchant for Reform

Justice D.Y. Chandrachud on Wednesday took on the mantle as the topmost judge of the country. All eyes remain focused on the Supreme Court as the true-blue liberal and progressive Judge started his two-year-long tenure as the Chief Justice of India this week. We take a look back at some of his most important judgements, both arising out of the High Courts where he served as a Judge for about 16 years, and the Supreme Court.Bridging the Gap between the Traditional and the ModernSon of former and...

Definition Of Dispute Under Section 8 IBC: Whether The Plausible Contention Test Is Sufficient?

Under the incumbent Insolvency and Bankruptcy regime of India, it is prerequisite to send a demand notice to the Corporate Debtor before initiation of Corporate Insolvency Resolution Process. The very intent of this section is to terminate potential CIRP proceeding at its inception where the same is not called for. One such method to quash a potential CIRP at the inception is raising a dispute by Corporate Debtor upon very existence of operational debt under Section 8(2)(a) of the IBC,...

Rights Of Homebuyers Under The Insolvency And Bankruptcy Code

Home Buyers Are Financial Creditors: Homebuyers are financial creditors under the Insolvency and Bankruptcy Code, 2016 ('IBC'). IBC defines two categories of creditors: financial creditors and operational creditors (section 5 (8) and 5 (20), IBC) Originally, homebuyers were not treated as financial creditors. Their status as operational creditors was also doubted. Homebuyers' plight came into focus before the Supreme Court in litigation following the collapse of the housing projects of...

Short Tenure With Impactful Reforms : CJI UU Lalit Leaves A Positive Legacy

When Justice Uday Umesh Lalit assumed office as the 49th Chief Justice of India on August 27, many would have thought that his would be a sedate term. After all, how much can happen in a brief term of 74 days? But proving all such speculations wrong, CJI Lalit's term was marked with momentous and unexpected events which unfolded at a quick pace. For example, did anyone in their wildest speculation think that the challenge against the demonetisation decision of 2016 will get heard during this...

Challenges Of Traditional Knowledge Products In GI Registration

Ultimately linked to information, traditional knowledge is the know-how, techniques, and practices that are created, maintained, and transferred from generation to generation inside a community; they frequently emerge as an integral part of its cultural and spiritual identity. The indigenous knowledge also includes the components of several traditional technologies used for sustenance, such as equipment and methods for farming and hunting, environmental understanding, conventional medical ...

Making UPI Viable For Both The Public And The Facilitators

Unified Payments System['UPI'] was launched by the National Payments Corporation of India ['NPCI'] with the aim of integrating the payment mechanisms of India. Since, its launch in 2016, digital transactions using UPI has increased significantly. As per RBI's annual reports, for the year of 2015, total digital payments for retail transactions amounted to Rs. 1.54 lakh crores. However, after the advent of UPI, this number reached Rs.17.4lakh crores in 2022. This increase in transactions...

Governor's Gaffes

Certain recent statements of the Governor of Kerala have been startling. They smack of monarchial tendencies and are totally alien to our constitutional scheme. He has spoken of the withdrawal of his pleasure with regard to Cabinet Ministers. That gives the impression of all this being personal to him. The true position is wholly otherwise. The Constitution has adopted a form of government tersely described as based on the 'Westminster model' which is a constitutional monarchy. The...

Every Cheque Ever Issued In India Is A 'Security' Cheque | Column

"A cheque issued as security pursuant to a financial transaction cannot be considered as a worthless piece of paper under every circumstance."Just because a cheque is issued as a security does not mean that it will not attract the offence as defined under Section 138 of the Negotiable Instruments Act, 1881 ('NI Act'). This position of law as enunciated by the Apex Court in Sripati Singh v. State of Jharkhand (Criminal Appeal Nos. 1269-1270 of 2021) LL 2021 SC 606 stands crystallised in a...