The Growing Relevance Of Babasaheb Dr B R Ambedkar, Chief Architect Of Indian Constitution

"Political democracy can't last long unless there lies at the base of it, social democracy. Social democracy means, a way of life which recognizes liberty, equality and fraternity as the principles of life", Dr Ambedkar

From BCCI To HCC – No Automatic Stay On Enforcement Of Awards

The Supreme Court of India ("Court") in 2018 decided that there would be no automatic stay on enforcement of arbitral awards when an award is challenged under Section 34 of the Indian Arbitration and Conciliation Act ("IAA"). On November 27, 2019, the Court struck down an amendment to the IAA which sought to revive the automatic stay regime and reiterated India's commitment to be seen as an arbitration friendly jurisdiction. The present article will analyse the decision of the Court...

The Suspension Of PC-PNDT Rules - Has The 'Sex Test' Ban Really Been Lifted?

The recent Ministry of Health and Family Welfare notification dt. 4th April 2020, has come under fire for the suspension of certain Rules of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. It has been widely reported that suspension of these Rules amounts to lifting of the ban on sex selection and sex detection. There is also an apprehension that this suspension might lead to a functioning of the Genetic labs and ultrasound clinics without...

Tribute To Ashok Bhai- Senior Advocate Sanjay Hegde

"Ashok Harilal Desai was an exemplar of a dying breed of gentleman lawyer, who may have won or lost a case, but never lost a friend". My first memory of Ashok Bhai is from my time as a law student of KC Law College. I remember him as a distinguished looking lawyer walking from the Bombay High Court, crossing the Cross Maidan and passing by KC Law College, to his house in Churchgate. I knew him by reputation as a fierce defender of Freedom of Speech. He was the Senior Counsel for...

A Critique Of MCA Circular Excluding Donations To State COVID-19 Funds From CSR Expenditure

Introduction Section 135 of the Companies Act, 2013, mandates all companies, having net worth of 500 crore, or turnover of 1000 crore or more or a net profit of 500 crore or more during a financial year to constitute a Corporate Social Responsibility ("CSR") Committee Board. The responsibilities of the Board are enumerated thereunder, with the object of ensuring that every company spends, in each financial year, at least 2% of the average net profits of the company, in pursuance of its...

Central Vigilance Commission Act, 2003: An Overview And The Need To Give It More Teeth

The Central Vigilance Commission Act, 2003 ("CVC Act") was enacted by the Parliament in 2003 and received the assent of the President on 11th September 2003. The Act provides for the constitution of Central Vigilance Commission ("CVC") to inquire or cause inquiries to be conducted into the offences alleged to have been committed under the Prevention of Corruption Act, 1988 ("POCA") by certain categories of Public Servants of the Central Government, corporations established by or under any...

Can Government Protect Migrants From Eviction?

Across the world, countries and governments have adopted social distancing as an important measure to control the community transmission of COVID-19. In India, the Union Government, using powers under Disaster Management Act 2005, implemented a number of steps to shut down commercial and non-essential activities for a period of three weeks across the country, starting from 24 March 2020, effectively imposing a lock down. While this was meant to facilitate social distancing, large numbers...

My Lords Have Offered Us Eden, But Will We Take It?

As the initial excitement of having absolutely nothing to do slowly started turning into a surprising and unexpected want to go back to the ways of the practise, I realized that it may never be the same again, and shouldn't. The Pandemic has done more for the environment than any PIL or Judge could, despite trying. We are saving on paper more than ever, thousands of lawyers aren't having to travel all over courts like they do every morning and frivolous petitions, which make up a large chunk of...

Court Management Post-COVID 19

The present circumstances propelled by a worldwide health emergency has necessitated all in the justice delivery system to look into 'better' use of technology to ensure administration of justice even at an adverse time , bearing in mind that maintenance of law and order by Courts is an equally essential service for smooth functioning of a nation. The Courts all across India have certainly risen up to the occasion to deal with the sudden vaccum created by the need for an immediate lockdown in...

Coronavirus And Constitution: The Supreme Court's Free Testing Order

The coronavirus pandemic is a question of public health, but it is also a question of equality. Crucial dimensions of this crisis will be missed if it is framed only as a question of public health. The migrant labour issue – discussed in the last post – presents this starkly, but so does the issue of testing. In an interim order passed yesterday, a Supreme Court bench of Ashok Bhushan and S. Ravindra Bhat JJ directed that testing for Covid-19 in India would be free. The order was subjected to...

Supreme Court Order On Free Corona Testing: A Well Balanced, Fair and Equitable Order

Controversy over the order of the Supreme Court for free testing by private labs has raised some controversy. Can the Supreme Court issue such an order which is in the nature of a policy direction? Should the Supreme Court have interfered at all? Is the nature of direction appropriate? The petition was a PIL. COPY had been served on the Solicitor General but no counter affidavit had been filed. The private labs were not made a party and direction against them was ex parte. The direction is of a...

Coronavirus And The Constitution – VI: On The Freedom Of Movement

Earlier on this blog, I had pointed out that the statutory guidelines issued under the National Disaster Management Act do not ban individual movement; nor is individual movement banned under regulations passed by the several states under the Epidemic Diseases Act or by Magistrates under Section 144 of the CrPC. Consequently, while there exists a "lockdown" – in the sense of a general closure of shops and public spaces, and a ban on public gatherings – there does not exist a "curfew" (i.e.,...