[Violation Of National Food Security Act (NFSA)] Poor Consumers Looted For Years In Kashmir, Erring Officials To Be Booked

National Food Security Act (NFSA) or Right to Food is a people-friendly legislation targeted to benefit disadvantaged & marginalized communities of the society. Like MG-NREGA, enactment of NFSA has been a great achievement of the UPA Government. Right to Food is enshrined in the constitution, Article 47 of constitution reads : "The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary...

Deal Value Threshold In India's Data Driven Market

The much-awaited Competition law Amendment Bill 2020 was released for public comments in late February. One of the significant proposals in the Bill is that it enables the CCI and Central government to define new thresholds for merger notification by insertion of a proviso to Section 5. It enables the CCI to introduce sector-specific thresholds like deal- value thresholds. The objective behind the deal value threshold is to capture the acquisitions between the players in the digital...

Contempt- Anachronistic?

Thomas Paine said that in absolute states the king was the law; in free states the law must be, and is, the king. That is the desideratum of the rule of law which is the tribute paid by power to reason. Freedom of thought and expression including dissent is an important constitutional value which underpins a free and harmonious society. Justice Cardozo observed that freedom of speech is the matrix, the indispensible condition of nearly every other form of freedom. It is the wellspring...

'Court' vs 'Floor': Constitutional Conflicts In Rajasthan

It's a paradox in Rajasthan. MLAs are neither in assembly nor in constituencies, but in resorts. Congress asks speaker to disqualify them. Pilot does not attend CLP (Congress Legislative Party) but goes to the High Court. High Court 'requests' Speaker to wait. Speaker wanted the Supreme Court to stay the High Court's 'request'. In return gets a direction from the Supreme Court to follow High Court. Supreme Court asked High Court to go-ahead but says its order will be under their purview....

'Anti-Defection Law: Need For Reforms And A Better Interpretation Of Law To Serve The Objectives

The strength of Indian Parliamentary Democracy lies in its people's commitment towards being active participants in the electoral foray by utilizing their right to universal adult sufferage for Legislative Assemblies and Parliament, every five years. These elected representatives are forebearers of the will of the people in the House and they enact laws for the welfare of the people. In these elected members resides the spirit of the sovereign people. What bring an order and ...

Work From Home: A New Normal And A Complete Paradigm Shift To A New Culture

Continuous lockdown across the globe pursuant to outbreak of Covid-19 have compelled organisations to calibrate their business operation strategy. Establishments are now gearing up to invent efficient systems for a non-traditional alternative workplace located at home. Home based workers operating from home based offices will be a new normal. Management's attitude towards their employees will transform, work environments and culture will witness a paradigm shift. Looking at it...

The Battle Over A Day's Jail Term- The Epic Combat Between The UP Legislature And The High Court

The river Rapti runs past the town of Gorakhpur where begins our story. However, before we do so, lets travel hundreds of miles westward to another city, another river – The Thames. By the side of the Thames was the Palace of Westminster. Britain was in firmament. The tyrant King had pushed his people too much. Now even people's representatives had revolted. The King's eyes and ears brought news that the rebels had found sanctuary inside Parliament. That was the last straw for...

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,...