Articles
Stifling Democracy Sans Emergency
The strength of a democracy lies in the robustness of its regulatory institutions and their ability to safeguard the fundamental rights of citizens. We frequently say that the Emergency of 1975-1977 was the worst period for India's democracy. Why do we say this? It is firstly because, fundamental rights had been suspended, and about 1 lakh people, primarily those seen as opposed to the then ruling regime, were put behind bars, under a draconian preventive detention law called...
Rebooting Tribunals And Recalibrating Delivery Of Justice
One of the lesser realised aftershocks of the Emergency was tribunalisation as it exists today. A blow so hard that despite multiple efforts by our High Courts and the Supreme Court, including Constitution Benches, to wipe out the deleterious consequences, the ruinous scars remain. Tribunals in the present form were introduced through the 42nd Constitutional Amendment when the concept was employed as a tool by the executive of the day to blunt-out judicial functioning and it was...
"Does The Ghost Of Gopalan Still Haunt Our Jurisprudence?" : A Search For The Contemporary Relevance Of A.K.Gopalan Vs State Of Madras
For a landmark case that was decided in the first year of working our Constitution, I believe Gopalan does not get its due credit. I consider this rather unfortunate because a reading of the several opinions in Gopalan reveals the sheer erudition, judicial discipline and clarity of thought that guided the judges in the rendering of their respective verdicts, not to mention the fascinating, persuasive and riveting arguments advanced by the lawyers who appeared in the case. The opinions...
Examining Locust Invasion In India From A Legal Perspective
INTRODUCTION Time and again, India which is still largely an agrarian economy has been marred by the invasion of the crop devouring swarms of locusts. Such an invasion on a wider scale is termed as a 'locust plague'. A plague (Level-3) is usually preceded by an outbreak (Level-1) and an upsurge (Level-2). It refers to a situation when the attack on crops by these trans-boundary insects belonging to the family of grasshoppers wrecks the economy. The UN Food and Agriculture...
Growing Opaqueness Of Virtual Hearings And The 'Open Court' Ideal
If it has never been said more often, so it shall be repeated - 'Not only must justice be done, it must also be seen to be done.' From the philosophical connotation of this term, as Kant or Lord Hewart would have seen it, the ongoing COVID19 pandemic has brought the literal meaning of this phrase into consideration. What is access to justice in the age of virtual courts, where remotely held video conferencing hearing is a norm? Justice, then, is only what the courts want...
Reflections On S. 47 Of The Code Of Criminal Procedure, 1973
On several occasions, while referring to the Code of Criminal Procedure, 1973(hereinafter referred to as the Cr.P.C or the Code), one comes across provisions which may seem simple enough on the surface, but which leave a lot of scope for interpretation, that too, in diametrically opposite ways, when it comes to their implementation. The proviso to Section 47 of the Cr.P.C is one such provision. Section 47 makes it lawful for policemen to break and enter into the residence of any...
Reproductive Justice Not 'Personhood Of Foetus': Lessons Learnt From Safoora Zargar's Experience
The question that needs to be settled through judicial deliberation is not pregnancy as a standalone fact and its relation to bail, but pregnancy as embedded in the larger field of the gendered tropes of personal autonomy, freedom from surveillance, and the right of minorities to dignity, personhood and citizenship.
The Prevailing Uncertainty In Discharge In Summons Cases
The present article discusses the law regarding discharge (on merits) in summons cases based on complaints (predominantly affecting, inter alia, Defamation and NI Act), once accused has been summoned and how conflicting decisions have caused this issue to crop up repeatedly. In summons trial, there is no specific power to discharge the accused post summons, except as provided in section 258, Cr.P.C., which however does not apply in complaint cases. In warrant and session trials, ...
Sedition :(Chequered History & Present Status)
Black's Law Dictionary defines sedition as"An agreement, communication, or other preliminary activity aimed at inciting treason or some lesser commotion against public authority" – "The line dividing preaching disaffection towards the Government and legitimate political activity in a democratic set-up cannot be neatly drawn. Where legitimate political criticism of the Government in power ends and disaffection begins, cannot be ascertained with precision. The demarcating...
Revisiting The Infamous Emergency & Its Impact On Legal Community
45 years ago, on this day, the central government led by Late Mrs. Indira Gandhi imposed the infamous National Emergency in the country ("Emergency"). The Emergency lasted for 21 months and is considered to be one of the darkest phases of independent India. It saw widespread human rights violations, censorship of the press, rampant arrest of dissenters etc. Most importantly, it was the time when arguably the constitutional functionaries, let down the nation. The decision to impose the...
Intersection Of Artificial Intelligence, Copyright And COVID
The topic for today's discussion at first look can appear extremely confusing and hazy. However, a deeper analysis would show that the topic is extremely well thought out and relevant. The term Artificial Intelligence ("AI") has been used in recent years in almost every field of human life. Every social and economic aspect seems to have some benefit from the use of AI. What is AI? Intelligence is a gift which human beings have been vested with naturally. The...