Section 24 of 2013 Land Acquisition Act: A Series Of Misplaced Interpretations

The Constitution Bench has committed a grave error of law by interpreting a non-controversial point incorrectly

Do Ends Justify Means? Calcutta HC's Expansive Reading Of Article 21 In Polish Student's Case

On Wednesday, the Calcutta High Court passed a significant verdict wherein it quashed a Leave India Notice issued by the Foreigners' Regional Registration Office, Kolkata to a Polish national, studying in India. The Polish citizen was served the Notice for allegedly violating his visa conditions as he had participated in political rallies against the recent Citizenship Amendment Act. The Polish national had challenged the said notice before the High Court primarily on the grounds that the...

[COVID-19] Is Arm's Length Enough?

While the exceptional arrangements made at the Supreme Court in its fight against the epidemic are commendable, it is difficult to gain access to the Court without rubbing shoulders. Unfortunately, it is unavoidable and far too ambitious primarily because every individual in the corridors of the Supreme Court is discharging his professional obligation zealously. Are we in any manner exposing the lives of advocates, the officers of the Registry, the security personnel, officers of the...

Ex-CJI As Rajya Sabha MP : Some Warning Signals

The dark shadow cast on the high reputation of the judiciary and on recent judgments should be cleared as soon as possible by all legal means available to re-erect the edifice of faith of the society in the institution.

Time For The Sledgehammer

As the WhatsApp messages fly thick and fast with statistics, studies, projections, conjectures and rumours about the COVID-19 storm, it is clear that in a nation as large and unwieldy as ours, measures that place the onus on the citizenry are unlikely to work. Take the Supreme Court, for instance.After a meeting of the stakeholders, the website of the Court uploaded a Notification on 13th March directing that only urgent matters would be listed for hearing, and that only one litigant shall...

Courts During COVID 19 : A Reality Check

Are the restrictions really working on the ground?

SC On Resolving Conflicting "Place Of Arbitration" And "Exclusive Jurisdiction" Clauses

It is not very uncommon to come across conflicting "place of arbitration" and "exclusive jurisdiction" clauses. One may find that the parties expressly designate the place/ seat of arbitration to be at 'X' but also provide for separately an exclusive jurisdiction on civil courts at place 'Y' to decide disputes arising out of the contract. Sometimes, such conflicting clauses are found separately in related contracts. In Chloro Controls India (P) Ltd. v. Severn Trent Water Purification...

Crisis & Structural Change In Judiciary

On 15th March, a high-level meeting was held at the Supreme Court of India between leaders of insider stakeholders (Judiciary, Advocates-on-Record Association, and Supreme Court Bar Association) and outside medical experts. This meeting was convened to discuss the way forward in the time of Covid-19. Notably, another important stakeholder the Supreme Court Bar Clerks' Association went unrepresented at this meeting. At this important meeting in these rather difficult times, the...

COVID 19 : Administrative Orders For Adjournment Are Problematic

The impact of Covid-19 is being felt across the world and a variety of institutions, including judicial fora, have advocated urgent steps to contain the spread of the infection. With the Supreme Court taking the lead in implementing mitigatory measures to reduce the risk of infection and introducing heightened screening processes in its premises, other courts and tribunals have followed suit. Directions have been issued by various courts and tribunals in this regard which come into effect...

Coronavirus And The Constitution

Late last week, the World Health Organisation declared the outbreak of Covid-19 ["the Coronavirus"] to be a pandemic. While the epicentre of the disease is presently in Europe, it has also found its way to India, with numbers expected to rise sharply in the coming days and weeks.The Coronavirus presents legislators, the government, and public health professionals with a series of complex policy challenges. Does the Constitution also have something to say about it? Over the years, the right to...

Ex-CJI Gogoi's Rajya Sabha Nomination Disturbs Public Faith In Judiciary

"One cannot expect justice from those who, on the verge of retirement, throng the corridors of power looking for post retiral sinecures", Justice Deepak Gupta in Rojer Mathew Case (CB)

Corporate India's COVID-19 Action plan: How To Balance Data Protection With Emergency Response

On March 11, 2020, the World Health Organization (WHO) declared COVID-19 as a pandemic, effectively urging countries to take all necessary measures to detect, test, isolate treat people in order to avoid handful of cases resulting into clusters and community transmissions, that further stress capacity of global public health institutions[1]. In case of COVID-19, the pandemic declaration is reflective of its spread, unlike intensity. Both prior to and post issuance of the WHO directive,...