Articles
Women's Day : Remembering Dakshayani Velayudhan - The Lone Dalit Woman In Constituent Assembly
Memories are important, public memories are further so. What we choose to remember (or choose to forget) from our past, decides our present and governs our future. And this is equally applicable to constitutional history of a nation. It is only when we remember where we began (i.e. the founding moment) that we can make sense of our present political and constitutional context and move towards goals and aspirations of future polity. Unfortunately, the story of Indian Constitution making...
SC Violates It's Own Resolution In Transfer Of Justice Muralidhar
Justice Deepak Gupta, in his lecture in Supreme Court Bar Association, on 24th February, 2020 said: "Anywhere, anytime, when ordinary people are given the chance to choose, the choice is the same: freedom, not tyranny; democracy, not dictatorship; the rule of law not the rule of men. The bedrock of our democracy is the rule of law and this necessitates that we must have an independent fearless judiciary. There can be rule of law only when we have judges who can take decisions independent ...
Supreme Court On Crypto Currency Notification: What Lies Ahead
Introduction As the blockchain enthusiasts, the exchanges dealing with Crypto Currencies ("CCs")and individuals holding CCs, across the globe watched in approbation, The Supreme Court of India, in the matter of Internet and Mobile Association of India vs Reserve Bank of India, Writ Petition (Civil) No. 528 of 2018 ("IMAI Case"), quashed the notification[1] ("Notification") issued by Reserve Bank of India ("RBI"). The Notification had directed all entities regulated by RBI not to...
Repatriation Of Aircraft: Conflicts Between International Laws And Domestic Laws
Introduction India is one of the fastest (and largest) growing domestic aviation markets in the world. According to Boeing, India will need around 2400 aircraft in the coming years to meet the rising demand for air travel. Since most of the aircraft in India are imported on the operating lease; smooth and expeditious export of aircraft also becomes an essential aspect for the industry. Thus, export is one of the remedies, which a State should provide to a lessor under the Aircraft ...
Delhi Riots: Justice Not Done
The Delhi High Court's handling of the petition seeking FIRs against the BJP leaders for their alleged hate speeches on February 27 amounts to abdication of constitutional duty. The time has come for the nation to be reminded that judges of the Supreme Court and high courts are constitutionally obliged to "make and subscribe… an oath or affirmation according to the form set out for the purpose in the Third Schedule." The oath inter-alia requires the person to solemnly affirm, "that I will...
Two-Tier Arbitration: Ensuring A Private Appellate Forum
Introduction An arbitral tribunal is a private fora chosen voluntarily by the parties to a dispute for its adjudication in place of public fora, i.e., the courts and tribunals constituted under the laws of a country.[1] Party autonomy is one of the foundational pillars of arbitration.[2] The expanse of party autonomy is vast, covering a wide range of issues like choice of substantive law, law governing the arbitration agreement, law governing the arbitral procedure, place of...
Midnight Transfer of Justice Muralidhar
Justice Muralidhar's midnight transfer raises both immediate and deeper questions. Although we were forewarned that he would be transferred, the post midnight marching orders were clearly punitive because he wanted FIRs to be filed against hate speech provocateurs against whom more than a prima facie existed on video. His orders were to immediately register the FIR's which were bypassed to the Chief Justice of Delhi to whom the case went who gave 4 extra weeks to file the criminal cases. FIRs...
Is It Ethical For A Sitting Judge To Publicly Praise the Prime Minister?
The Supreme Court of India was hosting the International Judicial Conference 2020 (22nd-23rd February) on the theme "Judiciary and the Changing World" to facilitate a dialogue of ideas between judges of India and those from abroad. However, the remarks made by Justice Arun Mishra in praise of Prime Minister Narendra Modi must have made the judges from over twenty countries (including United Kingdom and Australia) also reflect upon the themes of judicial ethics and propriety — which were...
Proving Citizenship: Lessons From The African Court On Human And Peoples' Rights
Ochieng v Tanzania and Penessis v Tanzania are two recent decisions of the African Court of Human and Peoples' Rights, that demonstrate a humane and sensitive approach to the vexed question of citizenship challenges. Both cases involved challenges by individuals who had been declared non-citizens by Tanzanian authorities.In Ochieng v Tanzania (22 March 2018), Tanzania deported a declared "non-citizen" to Kenya, who then "deported" him back, leaving him stuck in what the Court called a "no-man's...
Sedition :Tool Of Selective Abuse Against Dissent
British Rulers abused the law of sedition to frighten the leaders and stifle the movement for Independence. Tilak and Gandhi were their targets. Tilak was tried twice and Gandhi was punished once for writing against British Raj and inspiring millions into the freedom struggle. When Britishers charged them with sedition truly the accused were causing disaffection and openly wanted the rulers to leave the country and let Indians rule themselves. Gandhi argued that when people want to protest...