Examining The Validity Of The Notification Of BCI Abolishing One Year LL.M

Recently the Bar Council of India passed a notification on 2.01.2020 inter alia abolishing the one year LL.M course and introducing the two year LL.M course shocking the conscience of many in the legal solidarity and law student's fraternity. Taking into that consideration, this article is written, thus, not to make any comment on the fact that whether two year LL.M course is better than one year LL.M course or vice versa, or to say that whether new notification passed by the Bar Council ...

Suspension Of Insolvency Proceedings And Its Effect On Bilateral Investment Treaties

Recently, the Government extended suspension of insolvency proceedings till 31st March, 2021. On 24th September, 2020, Rajya Sabha passed The Insolvency and Bankruptcy Code (Second Amendment) Bill, 2020 by way of which it extended the suspension of Sections 7, 9 & 10 with a view to provide further relaxation period to companies adversely affected by COVID-19. The same was originally introduced by the government during March suspending the initiation of Corporate Insolvency Resolution...

Periodic Audit Of Performance Of Individual Judges & Judiciary Needed To Maintain Standards : Justice Chelameswar

Accountability & Transparency in Judicial Appointments: Need for Institutional Mechanisms

Right To Personal Liberty : Challenge Before Constitutional Courts

The Special NIA Court's order in Allan-Thwaha case, which has been reversed by the High Court, was a remarkable turn in anti-terror jurisprudence as it said fight against terrorism has to be balanced with human rights.

Ambedkar, Minorities And The Bogey Of Love Jihad

Uttar Pradesh recently enacted Prohibition of Unlawful Conversion of ReligionOrdinance, 2020. Brought with a sense of urgency by choosing the ordinance route, ostensibly the law is for the purpose of regulating religious conversions and punishing what the law describes as unlawful religious conversions.[1] While at it, the law reduces gender and sexuality to binaries of man and woman and reinforces the idea of marriage as a heterosexual preserve.[2] Further, it assumes that women are weak...

10 Important Factors An E-Commerce Entity Must Know To Deal With The Consumers In 2020

As per ministry of communication, Govt. of India, the number of internet users in India is expected to grow to 730 million by the year 2020. Due to adoption of digital technology, on the one hand E-commerce entity, where transactions occur directly with the consumers (B2C), multiplied rapidly and at the same time internet using consumers have grown fast in the past few years in India. Keeping in view the new set of challenges faced by consumers in the digital age, Consumer Protection Act,...

Need For Minimum Practice As Advocate For Judicial Service : Reigniting The Debate

"Judges do not have an easy job. They repeatedly do what the rest of us seek to avoid; make decisions" - Professor Pannick, Judges Recently, Rule 5(2)(a)(i) of the Andhra Pradesh State Judicial Service Rules of 2007 was challenged before the Supreme Court (SC). The rule laid down a pre-condition of three years of practice as an advocate to be eligible to write the Civil Judge exam in the State. On 2nd January, the Bar Council of India (BCI) said that it will file an impleadment...

Flexible Working : The Right To Request And The Road Ahead

While the office is an artefact of history, the modern workplace epitomises the future. In pre and post -independence India the work force consisted primarily of the male members of the family and in majority of the cases the said male member was the sole breadwinner, who had to stay outside home for a considerable time to provide for his family. At present the work force has undergone major changes to include dual parents, single parents, single women and persons of retiring age. ...

Doing Away With Winter Session Of Parliament Is A Fraud On The Constitution!

The present Indian government is a regime of seemingly infinite paradoxes. While laying the foundation stone and Bhoomi Pujan of the new Parliament building, PM Shri Narendra Modi invoked Guru Nanak and reminded the people about his great message: "Jab tak sansar rahe, tab tak samvad rahe", and stressed on the need for dialogue to preserve the 'soul of democracy.' But this does not mirror in the actual functioning of the government. The government earlier in Monsoon Session not only...

[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...

Allan-Thwaha UAPA Case : Kerala High Court Substitutes Reasons With Rhetoric

An astonishing feature of the High Court judgment is that it does not discuss or deal with the legal analysis undertaken by the Special Court.

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...