Blazing A Trail For Gender Parity In Judiciary

With the recent appointment of three female judges in the Supreme Court at one go, has really blazed a trail for gender parity in the bench of the Highest Court and it is a a proud moment for all of us. While felicitating the newly appointed nine Supreme Court Judges by the women lawyers of the Supreme Court of India, Justice Ramana, the Chief Justice of India, made a remarkable statement that women demand 50% reservation not as charity but as a matter ofright. Mr. Kiren Rijiju, the...

Critically Analysing India's Reasons For Not Ratifying The Convention On Freedom Of Association And Protection Of The Right To Organise

Recently, in the process of getting passed in both the houses of Parliament, the Essential Defence Services Act, 2021[1] ['the Act'] has created a lot of hue and cry pertaining to some of its provision.[2] Under the aegis of this law, the Indian government is empowered to prohibit strikes, lock-outs, and layoffs in the units enveloped in the wide spectrum of 'essential defence services' as specified in Section 2(a) of the Act; even though the primary objective of the Act is to achieve...

Whose Burden To Prove That Employee Was Not Gainfully Employed After Dismissal?Conflicting Decisions Need Settlement

Whether an employee was gainfully employed elsewhere after dismissal from a workplace is a relevant fact to determine the right of such employee to seek reinstatement and back-wages under the Industrial Disputes Act for wrongful termination of services.Whose burden is it to prove that the employee/workman was not gainfully employed after retrenchment? Whether the employer or the employee?There are conflicting judgments on this point.There are several Supreme Court judgments which hold that...

Media Reporting Of Oral Observations By Judges During Hearing

Almost three scores and eleven years ago, when 'we the people of India' adopted, enacted and gave ourselves the Constitution, 'we' had placed us at the core of the country's democratic aspirations. To give effect to the aspirations of the young nation, it was indispensable to design the pillars of democracy in ways that they can check and balance each other in furtherance of the interest of the public at large. Though the fourth pillar (the Media) remained unrecognized at the outset of...

Accelerating Progress In Improving Land Records And Services In India?

Land revenue was a major tax source for the colonial state in pre-Independence India. Updating and creating better land records through settlement operations was, therefore, a periodic activity in British times. These revisions lost much of their rationale in the post independence period as land revenue became an inconsequential tax source and legislating land reforms became a more pressing concern. The first stirrings of liberalization in the 1980s brought back a tentative focus on a...

Vacant Constitutional Posts - Whether Healthy In A Democracy?

Any Constitution, however vibrant, does not function by itself. Those responsible to make it work do so by their actions. In the same way, no constitution fails by itself. It fails only when those tasked with making it work neglect to do so.The Constitution of India is a document which 'We the people of India' adopted on 26.11.1949 and came into force on 26.1.1950. Every word in the Constitution must be given effect to and the Articles of the Constitution are not meant to be superfluous. ...

Long Covid: The Rise In Registration Of Criminal Cases For Recovery Of Money

The judiciary and the justice dispensation system has been the hardest hit due to the COVID-19 pandemic. Initially, the courts were forced to shut their doors and then quickly adapted their manner of functioning and adopted Video Conferencing to hold courts virtually. Even though it is commendable, the manner in which the Courts evolved their manner of functioning this manner of functioning was unable to take up pending suits for recovery of money that were pending before them at the...

Remembering RBG : An Inspiring Legacy

Justice Ruth Bader Ginsburg, a champion of civil liberties and gender equality, passed away a year ago.

Recognising Taliban Rule? : Tale of two theories in International Law

"The recurrent and inescapable reshuffle of governments and the inability to find any objective standards for recognition in the decentralized legal order of international law has led to the evolution of different doctrines by mainstream legal scholarship." The treaty of 'Peace of Westphalia' embarked the emergence of two key postulates for recognizing any government in international law, the first that "the states are sovereign political actors" and, the second which complement the...

Story Of Rahul Bajaj- A Lawyer Who Is Blind On His Journey Clerking For Supreme Court Justice Chandrachud

"This was an opportunity to effect meaningful changes that could make a huge difference – or at least make things somewhat better."

Insolvency Law in Review – July 2021

A round-up of significant rulings on the Insolvency and Bankruptcy Code, 2016 in the month of July.

Establishing Regional Benches Of Supreme Court Will Vindicate Citizens' Fundamental Right Of Access To Justice

Justice N. Kirubakaran of the Madras High Court, in a judgment delivered just before his retirement last month, suggested amendment of the Constitution for establishment of regional benches of Hon'ble Supreme Court. "No impression should be given that the Hon'ble Supreme Court is meant only for the people living in and around New Delhi or the States surrounding New Delhi. India is a very vast continent from Jammu and Kashmir in the North to Tamil Nadu in the South and Gujarat in the West to...