Justice Bhagwati- A Titan- A Centennial Tribute

Birth centenary is indeed an occasion for celebration and to remember and extol that person's life and work, to draw lessons from his career and pay tribute. This is all the more so when it concerns exceptional persons. One of such all time greats is Justice P.N.Bhagwati who was undoubtedly a fine human being and an extraordinary legal mind- vast and deep, many times ploughing a lonely furrow, treading the untraversed path to render justice the ultimate aim of law. Born on December 21,...

A Critical Approach To Madras High Court Single Bench Decision On GST On Maintenance Charges By Resident Welfare Associations

The recent judgement of the Madras High Court in Greenwood Owners Association v. Union of India WP 5518&1555 of 2020 dated 01.07 2021 quashing the order of the Authority for Advanced Ruling ("AAR") dated 21.06.2019 and holding that Goods and Service Tax ('GST') is payable on maintenance amounts charged by Residential Welfare Associations ('RWAs') in excess of Rs 7500/- seem to be changing the nature of taxation. Though many RWAs felt the single judge's order as a relief for small home...

How Far Are We From Gender-Responsive Lawmaking?

In his seminal work, A Theory of Justice, the American philosopher John Rawls imagines parties to a social contract inventing principles of justice that not are morally motivated. This initial situation he called the "the veil of ignorance", one that renders them ignorant of facts about themselves thereby leading to impartial policies, that reiterates his theory of justice as fairness. The veil here signifies a blindfold that deprives law-makers from making oppressive laws that may...

Know The Constitution[PART-II] The Constituent Assembly- The Origin Story

We Are Introducing A New Series In LiveLaw -'Know The Constitution'If the Constitution has to be of the people, by the people and for the people, it must first capture the imagination of the masses.The 'Know the Constitution' series is a humble attempt by the team of LiveLaw to unravel the Indian Constitution in all its majesty. The aim is to demystify the Indian Constitution one Article, one amendment, one doctrine, one schedule, one theme at a time.With this series we hope to make one small...

Bird's Eye View On The Testimony Of Child Witness In Criminal Trial

INTRODUCTION:- Neither the substantive law nor procedural law defines the term of child witness. However, section 118 of Evidence Act contemplates that "All persons shall be competent to testify unless the court consider that they are prevented from understanding question put to them or from giving rational answers to those questions, by tender years, extreme old age, disease whether of body or mind, or any other cause of the same kind." COMPETENCY OF THE CHILD TO TESTIFY: ...

Has Not The Apex Court Done Violence To Section 149 IPC?

I chanced to peruse a Judgment dated 23-11-2021 by a two – Judge Bench of the Supreme Court of India in Criminal Appeal No: 31 of 2019 (Viram @ Virma v. State of Madhya Pradesh), forwarded to me by a senior Advocate of the Supreme Court. Even though the judgment is shown as "non-reportable", there cannot be any doubt that it has equal binding force as any other judgment of the Apex Court. 2. The two-Judge Bench was disposing of an appeal by A2 to A4, A7 to A11, A18 and A20. Out of...

The Heartbeat Law And The Constitutional Conundrum Of Competing Rights

"Men, their rights, and nothing more; women, their rights, and nothing less." ...

What Ranjan Gogoi Omits To Say In His Memoir 'Justice For The Judge'?

Whatever be Gogoi's protestations, the fact of the matter is that there are valid and strong grounds for criticism against several of his decisions and (in)actions.

On International Human Rights Day: Understanding The Gignesthai

In John Locke's, Second Treatises of government, he sets an idea that one can speak against the government if that government were to trample on various individual Rights. Philosophically, it is their Moral Right to speak against the government. In Jurisprudence, we call it Natural Rights. In Legal Philosophy; we call it their Legal Rights. And, also known as Human Rights, which Individuals have by a sheer dint of them being a human; something that is inherent in us. If we look at...

A Thurgood Marshall from Queeristan

"One small step for the Indian judiciary, one giant leap for India's LGBTQ+ community''- it may be the proper way to express the gaiety as the Supreme Court Collegium has recommended the elevation of senior advocate Saurabh Kirpal as a judge of the Delhi High Court. Kirpal may become the country's first openly gay judge in a constitutional court, if approved by the Union Government. His recommendation was entangled in wrangle for the past four years, despite his experience and expertise in...

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,...