UAPA Bails: Judicial Burden Not Discharged

The reversal of burden of proof to such an extent that it results in the grant of absolute immunity to the Prosecution is now the foundation of a new pattern of abuse of the UAPA. The Courts are turning a Nelson's eye to allegations that are based more on suspicions than on facts and are moving further away from the principles of humanitarian approach towards the accused. Resultantly we witness, in quiet desperation, a pregnant woman and an 84-year-old man being denied bail. However, a...

Necessity Of Legislative Impact Assessment

Speaking at the Valedictory Function of the Constitution Day Celebrations, the Chief Justice of India NV Ramana raised the issue of the legislature not conducting studies to assess the impact of the laws it passes. Referring to Section 138 of the Negotiable Instruments Act, CJI Ramana raised the concern that laws were passed without impact assessment leading to big problems- "Now, the already burdened Magistrates are further burdened by thousands of these cases." On an earlier occasion,...

How British India Acts Influenced Our Constitution

During the colonial era, multiple acts were introduced by the British to make the administration of such a large, diverse nation convenient for themselves and subsequently, a number of these legislations influenced several provisions formulated by the Drafting Committee, which became an integral part of not only the Constitution of India but the governance system in the country. The below cited examples of certain 'British Acts' have even caused some constitutional and political scholars...

A Question Of Exclusive Jurisdiction Clause In Invoices

Have you ever wondered what is written on the bottom or behind every cash memo, bill, invoice or any, service contract? If you read these lines mindfully, the majority of which are illegible, in between the lines, you will find an exclusive jurisdiction clause providing that only Courts at a particular place will have the jurisdiction to adjudicate a dispute emanating from the said transaction and restricting any other courts from hearing the same. There may be many instances where A...

The Consumer Protection Act 2019 May Fortify Tobacco Control Regime

The World Health Organisation ['WHO'] reports that the tobacco epidemic is one of the biggest public health threats the world has ever faced. It kills more than 8 million people every year around the world and more than 7 million of those deaths are the result of direct tobacco use while around 1.2 million are the result of non-smokers being exposed to second-hand smoke. The report also suggests that over 80% of the 1.3 billion tobacco users worldwide live in low- and middle-income...

Why Linking Fundamental Rights To Duties Is An Extra-Constitutional Argument

Time and again statements are made seeking to link Fundamental Rights provided under the Constitution with Fundamental Duties. As this piece will argue, this attempt to conflate the rights and duties is an extra-constitutional argument that ignores the context in which Fundamental rights emerged and the historical reasons for expressly guaranteeing them under the Constitution.In order to become a great country, we must "create a balance between fundamental duties and fundamental rights,"...

Drone Rules 2021: Flying High Is Welcome But Spare A Thought For Privacy

The Drone Rules, 2021, based on "trust, self – certification and non – intrusive monitoring", were unveiled by the Ministry of Civil Aviation. The new rules aim to regulate drone related activities in a manner that they do not pose a risk to safety or security of people and assets. The new rules will replace the Unmanned Aircraft System Rules (UAS Rules), 2021 promulgated in March, 2021. With the recent terror attacks in Jammu, where a drone was used to drop explosives at an air base, ...

Some Thoughts On National Judicial Infrastructure Corporation(NJIC)

Chief Justice of India N.V. Ramana's comprehensive proposal for establishment of the National Judicial Infrastructure Corporation (NJIC) merits thoughtful consideration from multiple stakeholders. Let's face the facts. The Governments, at all levels and to the extent possible, have been benign in releasing funds. Recently, the Union Law Ministry approved a generous sum of INR 9000 Crores for building judicial infrastructure. It's a matter of time that a good majority of the...

Assessing The Consumer Protection Act, 2019: E For Effort

In 2019, amongst the uproar and protest against abrogation of Article 370 of the Constitution, the Government of India passed the Consumer Protection Act 2019 (2019 Act) through the parliament and hailed it as a tool to protect consumer rights and simplify consumer dispute resolution mechanism. However, even after two years of enactment of this legislation, the Consumer Dispute Redressal Commissions (consumer commissions) are plagued with issues that make consumer rights redundant. In...

Constitution & Constitutionalism: The Making Of Our Constitution- A Precious Heritage

Man's capacity for justice and adherence to the rule of law makes democracy possible, man's inclination to injustice makes democracy necessary. The advent of democracy and limited government heralded the concept of 'State' and transformed the status of the governed to citizens. Civilization involves the subjection of force to reason and the agency of this subjection is the law. Law eludes a precise definition. Law may be said to embody a code of conduct and self-discipline which a nation...

Office Of Profit: It's Time To Lay Down The Specifics

The doctrine of separation of powers, first discussed by Montesquieu in 1748 in his 'trias politica' is an important doctrine for many reasons. It keeps one organ from interfering in the workings of the other via checks and balances which is imperative for the efficient functioning of any government, let alone the largest democracy in the world. Office of Profit constitutes an important aspect of separation of powers and is in its essence, a vital concept to inhibit powers of one organ of...

Mandating Vaccines: Actually The Way Forward?

Recently, the Meghalaya High Court held the Meghalaya Government's order of mandating vaccinations for vendors, taxi drivers and other business as unconstitutional. Similar issues have arisen in Uttar Pradesh, Delhi and Odisha. The aforesaid mandatory orders have sparked the question of what must gain precedence – the government's duty to protect the health of its citizens by getting everyone vaccinated or an individual's right to privacy, liberty and bodily autonomy to choose whether or...