How The Paid/Unpaid Internship Divide Is A Deeper Question Of A Market Economy We Desire

Our market economy is not and cannot be insulated from their moral and ethical consequences. The economic, moral, and ethical arguments infuse the paid/unpaid debate with direction.

Custodial Torture : Urgent Need For Supreme Court To Ensure CCTV Installation In Police Stations

The hugely successful Tamil movie "Jai Bhim" has brought much needed public attention to the troubling topic of police brutality. While the social media was abuzz with the discussions on the topic of police violence, an unfortunate news about the custodial death of a youth named Altaf in Kasganj police station in Uttar Pradesh emerged. The family of Altaf have raised doubts about the police version that Altaf was found dead in the washroom with a string tied around his neck and hung from a...

Tracing The Footprints Of National Security Vis-À-Vis Fundamental Rights

One of the foundational precepts that embody the Universal Declaration of Human Rights ratiocinated that 'in the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law…'[1] It is, however, a pertinent predilection of the courts in the various jurisdictions around the world that fundamental rights when placed against national security and interests are relegated to an inferior proposition, and the above-dictum gets remodelled into-...

Delhi's Air Quality Crisis : Important Supreme Court Orders On Firecrackers & Stubble Burning [2016-2021]

As the Air Quality Index (AQI) dipped to hazardous category in Delhi and other surrounding cities following the festival of Diwali, the discussion on Supreme Court orders on regulation of firecrackers and stubble burning have again come to the forefront. The Supreme Court over the last few years has passed a number of orders stipulating directions for regulating persistent issues such as the manufacture and sale of firecrackers, vehicular emissions, air pollution and other analogous concerns....

Juvenile Justice: Does The Legislation Suffice?

In the contemporary world, when we speak of India's development potential, we can hardly ignore the role played by India's younger generation. With almost 41% of Indian population under 19 years, this is the bracket which will become a key social driver in this development. Keeping that in mind, it becomes imperative to study, analyze and formulate the best possible legal policies for their social, economic and mental growth. This article aims to shed light on the new juvenile justice ...

Extending The Power Of Review To Ex-Parte Orders Under CPA, 2019: An Analysis

The 2019 Consumer Protection Act is well known for introducing a slew of changes in Consumer Dispute Redressal, to the erstwhile 1986 Act, whether by increasing the pecuniary jurisdiction of the Dispute Redressal Commissions, increasing the time limit for filing an Appeal, or changing the composition of the State Commission. However, there is one change made by the 2019 Act that appears rather simplistic but is far more detailed in practical application, which is the change of District...

Courts Are Closed But Is Justice On Leave? Revisiting The Debate On Judicial Vacations

The fact that after vacation for Dussera, the Supreme Court had again gone on a week-long vacation for Diwali has reignited the debate on the need for court vacations.The ones questioning the en masse vacations have resorted to the argument of innumerable cases pending across the strata of the Indian judiciary(as per the statistics on the Supreme Court's own website, as of 01/10/2021 there are 69,922 pending matters before it). Another argument is that no other public institution takes as...

Insolvency Law in Review – September 2021

The enactment of the Insolvency and Bankruptcy Code 2016 (Code) has had significant ramifications on the corporate insolvency landscape. Over time, the Code has witnessed a manifold increase in litigation, and consequently in the number of decisions. This has made it difficult for insolvency practitioners to stay updated with developments in the field. This column fills this gap by providing brief summaries of latest decisions from the various fora dealing with Insolvency Law. These...

'Reason For Police Indiscipline Inherent In Its Colonial Origin' : Interview With Justice Chandru, Who Inspired 'Jai Bhim' Movie

"I strongly feel that leaders like Ambedkar were not exposed enough to the public and more particularly to the students. It is a pity that in law colleges they don't even give Ambedkar writings as a reading material even during pre-law days".

State's Power To Identify SEBCs : Does 105th Constitutional Amendment Fully Nullify Supreme Court's Interpretation In Maratha Quota Case?

Does 105th Constitutional Amendment Fully Nullify Effect Of Supreme Court's Interpretation Of 102nd Amendment In Maratha Quota Case?

The Legality of Intelligence & Investigative Agencies of India

In the month of June this year, several reports of unauthorized surveillance of numerous Indian journalists by means of spyware named "Pegasus" surfaced. The spyware is sold by the NSO Group, which has claimed that it provides service only to "vetted governments." As the hearing of the matter at hand is to resume soon in the Supreme Court, one of the most pertinent issues which need to be looked at is the legality of the intelligence and investigative agencies of the country.Origin of...

Josy Joseph's 'Silent Coup' : How Inherent Biases of Non-Military Security Establishment Lead to Constitutional Subversion

Democratic erosion in a constitutional democracy, according to Aziz Haq and Tom Ginsburg, occurs either through authoritarian reversion or constitutional retrogression. Reversion is a sudden collapse like a coup. Since the Constitution of India came into force in 1950, around 460 coup attempts have been made across the globe, none of which were in India. In comparison, retrogression is an incremental process that affects elections, political and civil liberties, and the rule of law. ...