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...

Why Has NCDRC Muted Technology?

Against the backdrop of the labelling of virtual courts as the "new symbol" of the Indian judiciary by the erudite and sagacious Justice D.Y. Chandrachud of the Supreme Court, there has been an ironic fallout. The National Consumer Disputes Redressal Commission (NCDRC) – the country's highest tier for the adjudication of consumer disputes located in New Delhi, has decided to completely dispense with virtual and hybrid hearing of cases and have only physical appearances. As a counsel and...

Judicial Transfers : Supreme Court Collegium and High Courts

The issue of the transfer of Chief Justice Sanjib Banerjee from the Madras High Court to the Meghalaya High Court should not be looked upon merely as a transfer issue. It should be carried to a higher level of debate as an issue relating to independence of High Courts. Frequent transfer of High Court Judges for undisclosed reasons by the Collegium, which is not a creation of the Constitution but only a creation of the Supreme Court, will diminish the pride and independence of High Courts.As per...