Pre-Trial Prejudice: Time To Identify The Evil In India?

On November 4, 1948, the Constituent Assembly of India, while discussing the proposed form of administration in the draft Constitution, witnessed the introduction of the phrase - "constitutional morality". Babasaheb Ambedkar introduced the phrase and called it a non-natural sentiment, something that has to be cultivated in the Indian society, a society that he referred to as "essentially undemocratic". By calling it a non-natural sentiment of society, Babasaheb drew a line of conflict...

Expeditious But Not Effective: Exercise Of NGT's Suo Moto Powers In Industrial Accidents Cases

The orders and judgments of the National Green Tribunal in cases relating to two recent industrial accidents, the first one involving LG Polymers near Visakhapatnam, Andhra Pradesh and the second involving the Neyveli Lignite Corporation in Cuddalore, Tamil Nadu, deserve analysis for shared peculiarities. These are not the first instances of exercise of suo moto jurisdiction by the NGT. Indeed, despite there being no statutory legal basis and opposition by the Ministry of Environment...

Rajasthan HC's Unreasoned, Indefinite Interim Order In Sachin Pilot's Case: Whither Law Of Precedent?

When I first read the order of the Rajasthan High Court in Prithivraj Meena and Others v The Hon'ble Speaker – the latest battle in the infamous Pilot-Gehlot war – I thought there were a few pages missing. The order first reproduces verbatim all the grounds raised by the dissenting MLAs in their petition. Then, it proceeds to record the submissions of each of the counsel on either side in some detail. After engaging in this painstaking exercise, the order suddenly turns sketchy. Without...

Who Will Impeach The Judges

Justice S. N. Shukla, a judge of Allahabad High Court retired on 17 July 2020. He was indicted in an alleged Medical college admissions scam highlighted in 2017. The alleged scam involved some Medical colleges that were not allowed to function by the Medical Council of India which is the regulating body for medical education in the country. It is said that a middleman allegedly assured the college owners that the courts would allow them to run their colleges. The colleges then allegedly...

Advocate-on-Record System: High Courts Lack Power To Restrict 'Right To Practice' Of Advocates

"Now, lawyers can practise in all courts." This was how 'The Hindu' reported the news of coming into effect of Section 30 of the Advocates Act on 15th June 2011. Though the Advocates Act became a law in 1961, Section 30, which can be termed as the heart of the statute, came into force only fifty years later.Gazette NotificationAOR Systems in High CourtsBasically, AOR system puts some additional criteria and qualifications on Advocates like passing of AoR exam conducted by a High Court,...

Acceptability Of A 'Will' In Financial Institutions: Problems And Possible Solutions

Although a 'Will' is a legal instrument but when it comes to its acceptability, it is obviously not treated at par with that of the Succession Certificate or a letter of administration. Most of the financial institutions have internal policies which require treating of loan proposals/deceased settlement cases with extra care and caution whenever a 'Will' is involved. One of the reasons for such instructions is that high number of frauds takes place in cases of 'Will'. Since, Succession...

Honest Concurrent Use In Trade Mark Law

Eashan Ghosh's efforts with 'Imperfect Recollections: The Indian Supreme Court on Trade Mark Law', (Thomson Reuters, 2020) is highly commendable. It is not for a casual read over breakfast and requires attention to detail. Especially since, even the footnotes are meaningful. It is my belief, 'Imperfect Recollections' stand a good chance of being cited by Hon'ble Judges, whether or not it undergoes additions/alterations every couple of years. The following is a humble attempt. I had a...

[Column] 'Plain Is Fine: Law, Legislation, And Language' , By Justice Dama Seshadri Naidu

Recently, Section 65B of the Indian Evidence Act was subjected to close judicial scrutiny in Arjun Panditrao Khotkar v.Kailash Kushanrao Gorantyal (decided on 14 July 2020). A three-Judge Bench of the Apex Court, on a reference, has ruled on the provision's legislative scope and purpose. Besides the judgment, I have read a few articles on it in LiveLaw. I do not intend to—nor can I actually—join the issue. But what caught my attention is the language used in that provision; that prompted...

Jurisprudence Of Section 34(4) – Elimination Of Grounds Of Challenge And Maintaining The Finality Of An Award

An arbitration is a consensual process between parties to resolve disputes. The scheme of arbitration is party autonomy and minimal interference of courts. That being said, one cannot overlook that courts in India are frequently asked to intervene in the arbitral process. After an award is passed, the arbitral tribunal is functus officio. Under the Arbitration and Conciliation Act, 1996 (the "Act"), parties can invoke powers of the court to give or decline to give effect to the outcome...

Unconstitutionality Of Publishing Of Marriage Notices Under Special Marriage Act

Following complaints of misuse of personal information contained in 'Marriage Notices' published in the Registration Department's website, the Kerala Government has issued a circular to stop the practice of uploading scanned copies of 'notices of intended marriage' submitted to the Sub Registrar Offices. Though this solved a part of the problem, the larger part still remains unaddressed. The uploading of notices made access to private information easier for the 'communal groups' to misuse...

Women In Constituent Assembly: G. Durgabai, The Most Frequent Woman Voice

('Women In Constituent Assembly' series will discuss the role played by women in the Constituent Assembly of India. This is the third article of the series)15th July 2020 marks 111th birth anniversary of G. Durgabai. In this piece, I attempt to provide a glimpse into the wide-ranging interventions of the most active woman member of the Constituent Assembly. Born on 15th July 1909 in Rajahmundri, Kakinada, G. Durgabai participated in the freedom movement since her early childhood. At the...

Rajasthan Crisis : Can Governor's Discretion Override Govt Demand To Summon Assembly Session?

The political drama in Rajasthan has entered the 'second act', with the entry of Governor Kalraj Mishra into the scene.The spotlight shifted to the Raj Bhavan after the Chief Minister, Ashok Gehlot, sought to summon the house to prove the majority oh his government. This is apparently with the intention to bring the rebel MLAs led by the sacked Deputy Chief Minister Sachin Pilot back to the fold by waving the threat of disqualification under Paragraph 2(1)(b) under Tenth Schedule of the...