PM-Cares Vs PMNRF: Where Is My Money Going?

The Present Article is an attempt to look into the affairs of the Prime Ministers National Relief Fund (PMNRF) and the Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund' (PM CARES Fund) PMNRF: The PMNRF was established pursuant to an appeal made by way of a press note dated 24/01/1948 by the then Prime Minister Jawahar Lal Nehru. He felt the need to have such a fund to make ends meet in the hard times owing to rioting and exodus from Pakistan on occasion of ...

Cases of Multiple FIRs–Goswami Facts Needs A Re-Look In Future It Is Hate Crime, A Social Disorder!

The Arnab Goswami case in the Supreme Court resulted in quashing various similar FIRs which had been registered in different parts of the country relating to his TV programme broadcasted on 21.04.2020, viewed nationwide. Allegations in FIRswere communal in nature, instigating Hindus against Muslims and Christian[DPA1] . Very often, multiple FIRs are challenged in courts. On legal scrutiny, it can be seen that facts in most of those cases, though appear similar, legally they are...

A Well Drafted Law – A Myth in Modern India

The Indian Judiciary, notwithstanding its limitations, has been enforcing the law as best possible in the situations before it. The judiciary knows that the law applicable is often archaic and requires updating. Seemingly going into a duel blindfolded (no pun intended), the judges on numerous occasions interpret such laws using every ounce of dexterity that they can muster, in order to navigate the murky waters to provide some semblance of justice, albeit late. Over the years, it is...

Implementing AI: First Step Towards De-Cluttering The Indian Judiciary

CJI Bobde has once again stoked up the debate that has been making its round amidst the legal fraternity, i.e. implementing AI in administration of justice. Speaking on the prospects and the technological exploits, CJI was clear in his stance by concretely marking the ambit AI, its future lies not in masquerading as a judge or a lawyer, but rather legally succouring them in the consummation of their objectives. AI has been constantly seeping into our day to day affairs, slowly and ...

Role Of A Defence Lawyer During Examination-In-Chief

At the outset, it is stated that the role of a defence lawyer during examination-in-chief is the most ignored strategical aspect of defending an accused in a criminal trial and there are no books on this strategical aspect of law. So much so that even a google search does not yield any effective result. Keeping that in mind, the present article focuses to shed light on the said strategical aspect of a criminal trial. Role of a Defence Lawyer, while examination-in-chief is going...

Manan Kumar Mishra's Personal & Political Battles Using BCI Chairman's Office

The Press Releases of the Chairman of the Bar Council of India, Manan Kumar Mishra, follow a common pattern –they are always aimed at stifling genuine criticism, and stalling reforms. With a series of ad-hominem attacks and labelling, the BCI Chairman ensures that any space for dialogue, introspection and critical analysis is erased. There is also an attempt to pass off these views as those of the legal community at large. Because, the Chairman always ensures that the press releases are...

Prosecution Vs. Persecution

The Constitutional Scheme in India had in its wisdom, allocated Police including Railway Police, to the State Governments under List II of the Seventh Schedule. The Rational of this scheme not only secures the Federal Structure of the Country, but also the democratic character of its polity ensuring that no armed force except the Army, operated under the instructions of a single individual or group of individuals. The Constitution of the Central Bureau of Investigation was...

[Column] 'The Wise Crack of Mr. Salve': Dinesh Dwivedi, Senior Advocate

The wise crack of Mr. Harish Salve is in reality an attempt to revive the debate called "Tyranny of the unelected". It is not difficult to guess who has said this. Though Mr. Salve has tried to hedge his diatribe by referring to the 4G issue in Jammu & Kashmir, my suspicion is that these observations are prompted by the recent happenings. Yes, the 4G issue in J&K was vociferously taken up by members of the Civil Society and they were openly critical of the reluctance of the Supreme Court...

To CAP Or Not To CAP: The Bombay High Court On Equality And Access To Education

In an interesting judgment delivered recently (Yash Pramesh Rana vs State of Maharashtra), a Full Bench of the Bombay High Court struck down Government Resolution ["GR"] dated 27.2.2013. This Government Resolution had restricted the application of a fee-reimbursement scheme only to those SC/ST/OBC students who had taken college admission through the government-run Common Admissions Procedure ["CAP"].The facts were straightforward. To enter an engineering college in the state of Maharashtra,...

Doctrine Of Clean Slate: Headway In Insolvency Law?

The doctrine of clean slate, has remained largely undefined in Indian insolvency law. This principle largely means that following the culmination of the Corporate Insolvency Resolution Process ('CIRP') of the corporate debtor, the successful resolution applicant would have taken over the business of the corporate debtor and would begin operation with a 'clean slate'. That is to say that post the evaluation of the outstanding dues by the Resolution Professional ('RP') and apportioning and...

On the Applicability Of The RTI Act To PM Cares And The Need For Accountability

Prelude to the Controversy Since its launch on March 28, 2020, the Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund "PM CARES" has courted as much controversy as it has funds. Having reportedly collected over INR 6500 crores within a week of its launch, the fund has incurred the wrath of the opposition (for the political-signalling acronym and for ignoring the existing PMNRF) and has also been the subject of at least two Public Interest Litigations "PILs",...

Reforming Slum Rehabilitation In Mumbai: The Worst-off Are The Worst Hit By Covid-19

It is estimated that roughly 40-50 percent of Mumbai's total population of 18.4 million stay in slums. Dharavi, a 2.1 sq. km. irregular pentagon in the heart of Mumbai, which is Asia's biggest slum after Orangi town in Karachi, had reported 1,541 confirmed Coronavirus cases until May 25. After all, social distancing is challenging in an area that has a population density of 869,565 people per square mile, and also includes 5,000 businesses and 15,000 single-room factories. While the...