Articles
[Column] Justice Perspective- Justice A. Muhamed Mustaque
Since evolution there existed a system of natural justice on earth, more so with primates who possessed an inclination towards fairness and sharing. Of these primates the Human race with their added value of community and intelligence created justice systems based on their lifestyle, challenges, needs and times.Justice as a concept is driven by values and principles chosen by a political dispensation. Chosen values and principles accepted as internal structure of constitutionally governed...
The Legal Effect Of Declaring A Statute Unconstitutional; Revisiting The Pesikaka Case
What happens to a statute when the Supreme Court declares it unconstitutional, either in its entirety or in part? Does it vanish like a disappearing message on WhatsApp or does it get temporarily eclipsed due to a declaration by the Lords? The question was the subject matter of a detailed judgment delivered many moons ago by the Supreme Court in Behram Khurshid Pesikaka v. State of Bombay[1] (hereinafter referred to as "the Pesikaka case") which is an authority on this point of law. The...
Farewell To Chief Justice AP Sahi By Justice P.N Prakash
I often wondered what endeared Anna to his party men that they continue to adore him even after several decades of his passing away. I got an answer in the biographies of 'Anna' and 'M.G.R.' authored by my good friend R.Kannan, who is a U.N. Diplomat, D.M.K. ideologue and a prolific writer, all rolled into one. Kannan says that when the D.M.K. was in its nascent stage in the early sixties, crowds used to gather for their public meetings eager to see M.G.R. and after his speech, they...
Important Supreme Court Judgments: December 2020
The Supreme Court of India has pronounced numerous judgments in the month of December, 2020. In this write-up, the important pronouncements are briefly discussed. Suresh Shah v. Hipad Technology India Private Limited, Arbitration Petition (Civil) No(s). 08/2020 (Decided on 18/12/2020). THE LEASE/TENANCY MATTERS WHICH ARE NOT GOVERNED UNDER THE SPECIAL STATUTES BUT UNDER THE TRANSFER OF PROPERTY ACT ARE ARBITRABLE. A Bench comprising the Chief Justice SA Bobde, Justices A.S....
Kannabiran Memorial Lecture : The Constitution and Scheduled Tribes in Composite State of AP
[This lecture was delivered on 28 December 2020 as part of the KG Kannabiran Lectures on Law, Justice and Human Rights – organised by the family of KG Kannabiran (1929-2010) to celebrate his life, his work and its futures]. [Abstract: Advocate V. Raghu begins with a reflection on the Arka Vasanth Rao case which led to the enactment of PESA and goes on to speak about cases relating to special protections to Schedule V Areas and reservations for Scheduled tribes in which he...
'You Have The Right To Remain Silent'- Story Behind Miranda Rights
Anyone interested in Hollywood crime thrillers or drama, has at least once come across a scene where an arrest is being made by the police. The officer while carrying out the arrest mandatorily utters the following words, "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With...
Challenges To Our Democracy And The Need To Preserve Human Rights
In his book "The Age Rights" (1990), Prof. Louis Henkin, a celebrated scholar of International law had claimed that "Human rights is the idea of our time, the only political – moral idea that has received universal acceptance". Viewed in the light of several International Treaties and democratic Constitutions which recognize the inviolability of human rights, the claim is valid. But whether democracies across the world have infact delivered upon the promise of a world order founded on...
The Façade Of Facial Neutrality: Do We Respect Our Women, Their Choice?
Much has been said about the Anti-conversion ordinance (Prohibition of Unlawful Conversion of Religion Ordinance 2020), recently promulgated by the Governor of Uttar Pradesh amidst rising intolerance of inter-faith marriages in the state. Primarily, arguments have been raised and criticism has been shaped around the fundamental right to practice and preach religion of choice as the bedrock of secularism, the basic structure of our Constitution. The religion argument has gained momentum in...
National Green Tribunal (NGT) Yearly Round-Up 2020
Scientific Disposal of Bio-Medical Waste arising out of COVID-19 treatment The issue for consideration in this matter was the remedial action to address the gaps in compliance of the BMW Rules, 2016, as applicable to the disposal of bio-medical waste arising out of handling of COVID-19 disease, so as to ensure protection of environment and public health, in view of potential of such infectious waste adversely affecting public health, concerned workers and professionals etc. Disposal...
Unconditional Stay On Execution of Awards: The Journey So Far
Recently, the Delhi High Court in the case of Bhandari Engineers & Builders Pvt. Ltd. Vs. Maharia Raj Joint Venture & Ors, took a pro enforcement approach in order to facilitate and expedite execution proceedings. The court introduced the format for disclosure of Assets by the judgment-debtor. On previous occasions the Supreme Court and various High Courts have emphasised on expeditious enforcement of awards so that a decree holder is not deprived of the fruits of the award. In...
Supreme Court 2020 : Events and Controversies
Even in the COVID-19 affected year of 2020, which threw physical functioning out of gear, the Supreme Court did not cease to be eventful.From an ex-CJI becoming a Rajya Sabha MP within months after retirement to a viral photo of the present CJI on a luxury bike opening the floodgates of contempt cases to a Chief Minister making public allegations against a possible next CJI, the top court witnessed several unprecedented events in 2020.Here is a round up of the major events and controversies...