Constitutional Morality: Can We Understand Our Morals Right?

Over the last couple of years, there have been a slew of judgments rendered by the Supreme Court in the field of constitutional law. For a student of constitutional law, these have been exciting times as the apex court has taken upon itself the daunting task of interpreting complex yet nuanced issues of constitutional interpretation. In recent times, the court has championed the cause of gender justice in the decisions of Triple Talaq case and Sabrimala case; emphasized the right of...

Delay In Pronouncing Judgments – Rafale, Sabarimala,RTI et al Need for Judicial Introspection

In the Sabarimala case(Indian Young Lawyers' Association v. State of Kerala), Supreme Court had rendered a path breaking judgment which led to a huge furore in the State of Kerala. A batch of fifty-plus Review Petitions was filed, the matter heard and the judgment reserved on 6th February, 2019. It has been 7 months since, but the judgement is yet to be delivered. Likewise, in the Rafale Judgment, the review petitions were heard and judgement was reserved on 10th May 2019. The delay...

Inter-State River Water Disputes Bill- Watering-Down The Water-Federalism

National Commission for Review of Working of Constitution (NCRWC) has strongly recommended for protection of already adjudicated rights of states over the rivers flowing through their states and effective and meaningful consultation with all state governments before bringing any bill on River Water Rights. The Centre cannot ignore these two important suggestions because India is a federation and states have share in the sovereignty. The NCRWC after studying this aspect, explained ...

SC's Amusing Logic Burdens Deserted Husband To Maintain Wife After Divorce

"To hold that a wife who deserts and forces a husband to obtain a divorce on that ground, is entitled to maintenance, is neither the intention of the legislature, nor in the interest of justice, equity or logic."

One Year Of Sabarimala Verdict : The Emancipatory Force Of SC Judgment

One must realize that the judgement is not an attack on faith; it is merely an attack on the discriminatory practices embroiled in the faith.

Living Wills Have Been Recognized; But Are They Being Executed?

On 8th March, 2018, the Supreme Court rendered its historic decision legalizing, recognizing and providing constitutional sanctity to Advance Medical Directives or Living Wills. A Living Will is a written instrument executed during a person's lifetime under which instrument, the executor expresses his/her wishes in relation to the medical treatment he/she wishes to receive or not to receive in the event of a terminal illness or incapacitation. Say, a young adult otherwise healthy today can...

The (Not So)Strange Case of Pehlu Khan

When I read in the newspapers that Trial Court, Alwar, had acquitted the cow vigilantes accused of lynching Pehlu Khan, which, to me, had appeared an open and shut case from the news papers, I was curious to find out on what grounds he had done so. Having worked in the legal field where it is commonly believed that a Judge who has written a perfect judgment is yet to be born, I did not expect it to be perfect. But most certainly, I expected to see a judgment on a standard format...

Why SC Judgment On Retrospective Application Of Section 148 NI Act Is Problematic?

The SC has erred in holding Section 148 to be procedural and not substantive

Decoding The UK Supreme Court Decision On Prorogation Of Parliament

Prorogation marks the end of activities of a parliamentary session without dissolving the parliament. During prorogation, the affairs of the Parliament comes to a standstill with all motions, unanswered questions, and bills not yet assented, will automatically lapse, unless a "carry-over motion" allows for business to resume in the next session. In United Kingdom prorogation is a power under the Royal Prerogative and is ordered by the monarch under advice of the Privy Council, which in essence...

Prorogation Of UK Parliament And Its Challenge Before UK Supreme Court

The United Kingdom ('UK') Supreme Court has recently finished hearing arguments in Miller v. Prime Minister, a case which shall go down as one of the most important constitutional law decisions in the country's history. The Supreme Court in the aforesaid case is adjudicating whether the prorogation of the UK Parliament by Her Majesty the Queen ('Queen'), is legally valid. The case is highly significant as it plays an instrumental role in determining the exit deal/terms with which UK...

Liability Of E-Commerce Websites In IP Infringement: Redefined By Latest Delhi HC Judgments

The boom in E-commerce has made things easier for customers, who have the luxury of buying things, sitting at their home or office, at their beck and call. But it has also opened the floodgates, a plethora of problems for businesses and E-commerce websites. Businesses (including individuals, companies, LLP, partnerships) who are bonafide proprietors of their respective trademarks, now have to face the problem, of products being sold on online portals, having deceptively similar trademarks...

Need For Humane Approach In Applying Limitation To Sexual Harassment Complaints

Acknowledgement of the realities behind a woman's silence is the need of the hour.