Articles
Election Commission, Institutional Integrity And Democracy
When we talk of democracy in India, one institution comes to mind instantly: the Election Commission of India. It is the institution that secures elections to be conducted evenly, votes counted credibly, and the people will be respected. But if the referee of the democratic game is not regarded as impartial, the entire match is at risk.That's why the issue of how the Election Commission is appointed and safeguarded is not merely a constitutional technical argument. It's something that gets at...
Justice Beyond Sight; Critical Look At Courts & Law Schools Accessibility Through Lens Of Visually Impaired Law Student
The hallowed halls of justice are meant to be a refuge of equality, where the law's promise of fairness is manifest for all. Yet, for many persons with disabilities, these very halls represent a formidable gauntlet of barriers, both visible and invisible. The paradox of a legal system that champions rights while often failing to provide a truly accessible environment is a reality that I, as a visually impaired law student, navigate daily. My personal journey has revealed that even in the...
Constitutional Morality And 130th Amendment
The relationship between law and morality has long occupied philosophers and jurists. Lon Fuller distinguished between the “morality of law” and the “morality of duty,” while H.L.A. Hart cautioned against over-moralising the law. For B.R. Ambedkar, however, constitutional morality was a distinctive demand in democratic governance. It required not only adherence to formal rules but fidelity to the underlying principles of justice, liberty, equality, and accountability. In the Constituent...
Consent Before Transfer- NSDL's Circular And Its Impact On Private Companies
On 3 June 2025, the National Securities Depository Limited [“NSDL”] issued Circular NSDL/POLICY/2025/0071, ordering that shareholders of private limited companies should acquire the company's prior written consent, via a no-objection certificate [“NOC”], to be allowed to perform any off-market transfer of dematerialised shares. Depository participants [“DPs”] are now required to reject transfer instructions that are not accompanied by such consent.This seemingly procedural change significantly...
Tomorrow's Arbitration: Transparency, Efficiency and Trust
From the Past to the Present: The Story of ArbitrationSince the dawn of time, humans have engaged in some form of arbitration for resolving disputes. Thus, the private adjudicatory process of arbitration can be said to have a prehistoric origin. However, even after courts were established by the state and rules of procedure and evidence were designed and courts became the accepted method of resolving disputes, the practice of arbitration continued because parties to a dispute wanted to settle...
A Need For Quota For Women Judges In Supreme Court
With the recent elevations, three in May and two in August, the Supreme Court has reached its full sanctioned strength of 34 judges, including the Chief Justice of India. Yet, the appointments have reignited concerns over the Court's composition, particularly the continued underrepresentation of women Judges, with Justice B.V. Nagarathna now the sole woman judge on the bench.The functioning of the Supreme Court Collegium has long been shrouded in doubt, with frequent criticism over its lack of...
On Reforming The District Judiciary In India : Justice Ravindra Bhat Writes
The Constitution of India arguably provides for a federal structure of government that treats the Union and the states as distinct. While the legislative and executive branches are separate for the Union and the states, the judiciary is a single pyramidical structure. The district judiciary constitutes the foundational rung, exercising jurisdiction at the district level or in a more localized manner; the High Courts (HCs) constitute the middle rung, exercising...
Beyond Formality: Why Written Grounds Of Arrest Must Reach Both Accused And Their Families
The guarantee under Article 22(1) of the Constitution — that no person shall be arrested without being informed of the grounds of arrest — is one of the most vital protections for personal liberty. Yet, for decades, this right was interpreted narrowly, satisfied by mere oral communication, often reduced to a ritualistic formality. The Supreme Court's recent jurisprudence, however, marks a decisive shift. Through a series of rulings culminating in Vihaan Kumar v. State of Haryana,...
Contractual Validity Of Restrictive Covenants For Premature Resignation Legal Analysis
In a significant judgment delivered on 14 May 2025, the Supreme Court of India in Vijaya Bank & Anr. v. Prashant B. Narnaware, 2025 LiveLaw (SC) 565 (“Vijaya Bank Case”) clarified the enforceability of liquidated damages clauses in employment contracts, particularly in cases of premature resignation. The court held that a clause requiring an employee to pay a pre-determined sum for leaving employment before completing a minimum tenure does not amount to a restraint of trade under Section 27...
Tolling Agreement: A Breather Before Battle
“Controversies are limited to a fixed period of time lest they should be immortal while men are mortal” John VoetWhat Is Statute Of LimitationThe Statute of Limitation is a statute of repose, consisting of a set of principles that rests on public policy that prescribes the time limit for enforcing one's rights. It prevents resurrection of claims that have become dormant due to the negligence of the party. In simple words, statute of limitation stipulates the time limit for the...
In A Case Where The Offence Is Triable Exclusively By A Court Of Session, Which Court Can Take Cognizance Of The Offence?
C O N T E N T SSl.No:I N N E R T I T L E SPARANo:1Para 27 of Dharam Pal v. State of Haryana AIR 2013 SC 3018 extracted.12My comments on Dharam Pal (Supra – AIR 2018 SC 3018)23The issue for resolution in Dharam Pal34Kishun Singh's case discussed Notes by the author555Ranjit Singh's case (AIR 1998 SC 3148) discussed66Ranjit Singh doubted77Resolution of the issue by the Constitution Bench The two propositions with which the author disagrees898The scheme under the Cr.P.C....
