Articles
Whether Indian Federation Needs a Governor?
Should we have the position of the Governor between the Union and State? The ruling party of Kerala is asking for the power to remove the Governor. The State has questioned the Constitutional need of the office of the Governor. Can't we run the administration without the nominal head of a provincial state? As per the State, if it is found the Governor to be federal imperative, it suggested a national legislation should empower States to elect them through a representative electoral...
The Ethical Burden Of Being An Expert And An Advocate
'Expert' – "A person who, through education or experience, had developed skill or knowledge in a particular subject, so that he or she may form an opinion that will assist the fact-finder" (Black's Law Dictionary)" The Expert's Dilemma An expert's opinion is a product of education, labour and experience. So an expert is likely to attribute immense value to his or her opinion and feel hidebound to zealously defend it to the hilt. Law (much like any other social science) comprises of...
Open Access Movement; Initiatives And Challenges
Peter F. Drucker, an Austrian American Management Consultant forecasted in the mid-20th century that there will be the gradual emergence of information society with its necessity of lifelong learning. In 1959, Drucker coined the term "knowledge worker" and considered knowledge workers productivities to be the next frontier of management[1]. Drucker's prophesises have come true and present-day society's well-being and development is critically dependent on knowledge. The question is how to...
How Indian Courts Have Dealt With Resistance To Invocation Of Arbitration
It has become a trend to resist the invocation of arbitration proceedings firstly, at the stage of commencement of arbitration proceedings i.e., when the notice invoking arbitration u/s 21 of the Arbitration and Conciliation Act, 1996 ("the Act") is received by the Respondent and thereafter, either at the stage of appointment of arbitrator u/s 11 of the Act or when a judicial authority is dealing with an application u/s 8 of the Act for referring parties to arbitration. Normally, the ...
Government Bound To Appoint Judges On Reiteration By Supreme Court Collegium
The Supreme Court in the second judges case held that "In exceptional cases alone, for stated strong cogent reasons, disclosed to the Chief Justice of India, indicating that the recommendee is not suitable for appointment, that appointment recommended by the Chief Justice of India may not be made. However, if the stated reasons are not accepted by the Chief Justice of India and the other Judges of the Supreme Court who have been consulted in the matter, on reiteration of the recommendation by...
Pro-Arbitration Regime In India – The Diverging Lanes Of The Policy Makers And The Implementers
During the past last few years, the Government has made considerable efforts to establish India as a hub of Arbitration in Asia. Some of the multifarious steps taken include establishing an autonomous Arbitration Council of India; implementing amendments to the Arbitration and Conciliation Act; establishing government backed international arbitration institutions for speedy adjudication and conducting research to take steps in establishing India as a pro- arbitration forum for foreign...
Hate Speech, Legal Lacuna And Failure Of Law Enforcement
In the paradigm of fundamental right of speech and expression, hate speech casts a necessary limitation. The Indian Constitution, like the US Constitution, does not envisage the idea of absolutism with respect to its fundamental rights. While Article 19 (1)(a) of the Indian Constitution avows all citizens freedom of speech and expression, Article 19(2) allows reasonable restrictions on these rights on certain grounds, including public order, morality, decency, or incitement to an...
Outer Space Treaty And Problem Of Space Debris: Dangers To Future Space Travels
Ever since the launch of the famed Russian satellite, Sputnik-I, which launched in 1957, we have sent thousands of satellites and rockets into the Earth's orbit to explore the infinite universe however we have also been simultaneously creating a mess around Earth. Currently, there are 2000 Satellites which are in Geo-Sync with the Blue Planet, actively functioning and transmitting signals from the Ground, however, there are also 3000 'apparently dead' satellites which continue to...
Judicial Review Of Speaker's Scale Of Discretionary Justice And The Defection Disqualifications: A Praxical Narration
The Supreme Court off lately has been adjudicating on defection-based disqualification petitions from different state legislative assemblies. In process, the court has reviewed the limits of speaker's discretion. The aim of this piece is to map the judicial intervention in speaker's discretion in anti-defection proceedings, and analyse the constitutional position and proprietary of the Speaker's position qua as an impartial adjudicator. For reading convenience the column is divided in the...
Discriminatory Nature Of Section 15, The Hindu Succession Act,1956
The struggle of a Hindu woman to achieve equality in matters of succession has been going on for decades with major landmarks being the Hindu Women's Rights to Property Act, 1937, The Hindu Succession Act, 1956 (hereinafter referred to as 'HSA'), and The Hindu Succession (Amendment) Act, 2005. Women in India have come a long way from not being entitled to hold property, to having life interest in the property, to finally being the absolute owner of the property and being a coparcener....
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 principle of secret ballots and further disenfranchisement of the voters, as evidenced from the experience in ...
