Coronavirus And The Constitution – IV: Privacy In A Public Health Crisis

In a bid to contain the Covid-19 pandemic, governments across the world are using means and measures that would otherwise be considered invasive and illegitimate. In some countries—China and Israel, among others—the State has used phone tracking devices to monitor the movements of persons who have either contracted the virus or have come into contact with someone who might have done so. Even the European Union has relaxed some of its existing regulations governing the sharing of location data....

[DEBATE] [Judiciary During Lockdown] Judicial Service Is An 'Essential Service' Amid COVID-19 Lockdown

"The importance of the judiciary in political construction is rather profound than prominent". Today, two Act - the Essential Commodities Act, 1955 ("ECA") and the Essential Services Maintenance Act, 1980 ("ESMA") read with Order by Ministry of Home Affairs dated, 24.03.2020 ("the Order") - are guiding us to understand, what are the 'essential goods' and 'essential services' in this wake of the novel epidemic, COVID-19. Pertinently, ESMA enlists defence; hospital and dispensaries;...

[DEBATE] [Judiciary During Lockdown] Need For Judicial Restraint During Pandemic

Corona Virus (COVID 19) has engulfed the World into an unprecedented crisis forcing most of the countries to enforce lockdown which appears to be the only option to control and contain spread of this dreaded virus. In India also this disease has spread to most parts of the country. More than 40 deaths are reported and there are over 2000 people who have tested positive. Large number of suspects are expected to come for tests and treatment in the coming days. With the result, the...

Virtual Arbitration Hearings In Times Of A Pandemic

INTRODUCTION In the wake of the rapid spread of the Novel Coronavirus (hereinafter referred to as the "COVID-19") pandemic, the worldwide situation has become unpleasant altogether. It has created an unprecedented scenario all across the globe causing nation-wide lockdowns in several countries. The governments have resorted to imposing several travel restrictions, both domestic and international, in order to contain the spread of COVID-19. Similarly, there has been a considerable...

Eclipsing Dissent And Scientific Discourse?

"Let's be clear: the work of science has nothing whatever to do with consensus. Consensus is the business of politics…. In science consensus is irrelevant. What is relevant is reproducible results. The greatest scientists in history are great precisely because they broke with the consensus." Michael CrichtonThe order passed by the Supreme Court on 31 March 2020 has a implication, though unwitting, on the social, economic and scientific discourse on coronavirus pandemic and a...

Is A Central Examination Process A Silver Bullet For Filling Judicial Vacancies?

An All India Judicial Services (AIJS) examination likely to add to judiciary's troubles

Law In The Time Of 'Corona'

The year was 1896 when Bombay suffered through a terrible outbreak of plague resulting in thousands of deaths and a mass exodus from the city. The rampant unawareness among the common folk and an inability to clearly identify the source of the disease made the epidemic very difficult to control. The British officials were forced to enter people's homes to detect concealed cases of the disease and enforce disinfectant and other hygiene measures.[1] Such drastic circumstances demanded a law...

Power Of Review - Consumer Forums

The Supreme Court has in Rajeev Hitendra Pathak & Ors. Vs Achyut Kashinath Karekar & Ors, (2011) 9 SCC 541 held that the power of review/recall of its order has been only given to the National Commission under Section 22A of the Consumer Protection Act, 1986 (Act). The above judgement has been a bone of contention in many cases pending before the consumer forums. In Rajeev Hitendra, the complaint was dismissed for want of prosecution and therefore the same amounts to a final...

Lessor /Lessee Dispute In The Context Of Covid19

The world has come to a halt due to the novel COVID 19 virus. It has forced even the mightiest Countries to come on its knees and they seem to be clueless. The Virus has not only impacted the Health sector, but it has impacted almost all the sectors like Travel, Agriculture, Automobile, Aviation, Manufacturing Logistics, FMCG, Real Estate etc. Though there is no certainty as to when this situation will be back to normal, however what is certain is that there will be a plethora of...

COVID Lockdown- The Wheels of Justice May Turn Slower, But May Not Grind To A Halt

The government declares 21-day national lockdown, and the Supreme Court and all High Courts successively notify their (and that of their subordinate courts) respective shut-down. Some such as the Allahabad, Madras, Karnataka, Bombay, Delhi and Kerala High Courts had already taken leave or considerably restricted their functioning to one or two benches and "fresh matters of extremely urgent nature" even sooner. In all fairness, the Supreme Court has subsequently taken to continue hearing,...

Competition Policy Amid COVID-19

Introduction In light of the COVID-19 outbreak and the consequent impact being felt by the economy, the Finance Ministry recently announced a detailed policy providing number of relaxations to individuals and companies from statutory and regulatory compliance under various legislations ranging from the Income Tax Act to the Insolvency & Bankruptcy Code. Surprisingly, one area was left untouched: Competition Law. A number of jurisdictions around the world have announced...

The Law And The Lockdown

It is the first time, in the history of independent India, that the country has come to a complete standstill. Given the grave threat posed by the SARS CoV-2, the 21-day lockdown is undoubtedly, the need of the hour. However, many have questioned the Constitutional validity of such an action. At the outset, I would like to draw a distinction between the Constitutional validity of the lockdown itself and the measures taken to enforce it. In this article, I will deal with the former, and...