Articles
Who Is Justice Vikram Nath, In Line To Be Chief Justice Of India In 2027?
"If the state takes any action/sends to jail any person in case of inter-religion marriage, you come to us, we will protect you", these were the unwavering words of Gujarat high Court's Chief Justice Vikram Nath while he was hearing a challenge to the vires of Gujarat Freedom of religion Act, 2003 as amended by Gujarat Freedom of Religion (Amendment) Act, 2021. Thereafter, CJ Nath's led bench ultimately passed an interim order stating that certain provisions of the Gujarat...
What Made Justice. R.F. Nariman Overrule The Judgements He Appeared As Counsel For Losing Side (Part-II)
Read Part I hereThis article discusses the second judgement authored by Justice R.F. Nariman in M.P. Steel Corporation vs Commnr. Of Central Excise, 2015(7) SCC 58 where he held that the judgement of the Supreme Court in Mukri Gopalan vs Cheppilat, 1995 AIR 2272 in which he appeared as a Counsel for Respondent, was not a good law. Mukri Gopalan Vs Cheppilat, 1995 AIR 2272 [This case rejected the arguments of Justice R.F. Nariman that Limitation Act will apply to 'Court' in...
Justice Abhay Sreeniwas Oka Has A Record Of Enforcing State Accountability & Protecting Citizens' Rights
Justice Abhay Sreeniwas Oka, who is now elevated to the Supreme Court, has made several notable judicial interventions - both as a judge of the Bombay High Court and later as the Chief Justice of the Karnataka High Court - to protect the fundamental rights of the ordinary citizens against the excesses of the State. He has displayed a pro-people and a rights-based approach in his judicial career so far, with no hesitation to question the actions of the State on the anvil of Constitutional...
What Made Justice R.F. Nariman Overrule The Judgements He Appeared As Counsel For Losing Side? (Part-I)
The law is reformed not only by the Legislature but also by the Courts through the process of dynamic interpretations. This has been proved many times by Justice R.F. Nariman, through his interpretation of Constitutional and statutory provisions in his short tenure of 2,594 days (7 Years). In his tenure, he has authored 270 judgements. Some of his renowned judgements are TripleTalaq, Constitutionalty of Section 377 IPC, Fundamental Right to Privacy, Decriminalisation of Adultery,...
Partition Horrors Remembrance Day" Or "Day Of Reconciliation?
I read with mixed feelings the announcement of the Prime Minister of India, Shri Narendra Modi, that August 14th should be remembered as the "Partition Horrors Remembrance Day". The Home Ministry was very quick to issue a notification to this effect. I don't wish to delve into the political compulsions that made the Prime Minister make such an announcement. Being a mediator by vocation, I was wondering how such a statement can be viewed from a conflict resolution perspective. But before...
Public Policy And Enforcement Of International Arbitration Awards
The New York Convention is the guiding factor in International Arbitration proceedings. India is a signatory of the New York Convention. The New York Convention provides for a very narrow spectrum under which an Arbitration Award's Recognition and Enforcement could be challenged. Consequently, the grounds of challenge of Recognition and Enforcement of an International Arbitration Award in India is also in a very narrow compass. However, one of the most invoked ground for challenging...
EPF Pension Case : What Is RC Gupta Case Verdict? Why EPFO Wants It Reconsidered?
The Employees' Provident Funds and Miscellaneous Provisions Act, 1952 was constituted for welfare of employees by way of the institution of provident funds, pension funds and deposit-linked insurance fund for employees in factories and other establishments.Time and again amendments have been made to these funds by the Government by way of new schemes, amendments to existing ones, and issuance of circulars, which have been challenged before Courts. One important judgement with regard to pension...
Clinical Trial Regulation In India: Need For Accountability In Ethical Review
Clinical trials are a type of research study conducted by pharmaceutical research teams that are designed to evaluate new drugs and treatments and their effects on human health outcomes, to evaluate interventions used to diagnose or treat certain conditions, or to examine methods to identify risk factors for a condition and improve the quality of life for people with chronic illnesses.[1] Clinical research has social value as it collects information which may be useful to identify improved...
The Juvenile Justice Amendment Bill, 2021: Welcome Although Incomplete
In July 2021, the Parliament of India passed an amendment bill to strengthen the Juvenile Justice(Care and Protection of Children) Act, 2015 that allows district magistrates and additional district magistrates to issue adoption orders under Section 61 of the JJ Act, in order to ensure speedy disposal of cases and enhance accountability. What the amendment leaves untouched is Section 15 of the Act that allows a Juvenile Justice Board (JJB) to decide on the basis of the mental and...
Critical Analysis Of The Uttar Pradesh Population (Control, Stabilisation And Welfare) Bill, 2021
On 11th July 2021, the Law Commission of Uttar Pradesh released a draft bill on population control. The Uttar Pradesh Population (Control, Stabilisation and Welfare) Bill, 2021. The Uttar Pradesh Government, led by Chief Minister Yogi Adityanath, went in for a strong-arm tactic instead of a non-coercive measure to achieve this objective to control the population. The poorly drafted bill is also being criticized for being discriminatory, unconstitutional, dangerous, and a bundle of threats...
Pradhan Mantri Awas Yojana - Urban & Women's Property Ownership
Women's ownership of property and housing is often constrained due to historically rooted barriers of certain cultural and social norms in India. Caste and class hierarchies further impact some groups of women more severely. While women are not a homogenous group, there are certain shared experiences and vulnerabilities emerging from gendered relations of power and inherent patriarchal nature of our society that has led to highly skewed property ownership by males. The percentage of...