Articles
Jammu & Kashmir : As Uncertainty And Fear Looms Large, The Idea Of Justice Remains Elusive
According to Article 144 of the Indian Constitution, "All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court." Despite the constitutional imperative being so, a person who has been observing the Supreme Court proceedings on the challenges mounted against the clampdown after 5th of August in Kashmir, might comprehend Article 144 conversely - Does the Supreme Court act in aid of executive authorities ? On 16thSeptember, 43 days after the ...
Morality Clauses In Sports Contracts : A Hit Or A Miss?
In the hectic world of sports where athletes are parties to several contractual agreements, be it sponsorship deals or brand endorsements, it is often found that these agreements contain certain provisions that serve the purpose of curtailing or rather prohibiting a certain type of behavior of the parties to the contract. These provisions are known as Morality Clauses, and are becoming the most common reason behind the termination of contracts that athletes enter into. This paper will...
Proper Conduct of AIBE - A Lawyer's "Wishful Dream"
On 26.08.2019, a notification was issued by the Bar Council of Delhi with regard to the non-passing of the All India Bar Examination (AIBE). As per the notification, since 2010, a total number of 4,778 advocates had failed to qualify the exam and thus, were "not entitled to practice or enjoy any benefits, including voting right in the Bar elections". A candidate is allowed to practice with their State Bar Council enrolment for a period of two years and within this period, they are supposed to...
Unravelling The Ground Of 'Patent Illegality' For Setting Aside Arbitral Awards
'While the institution of patent illegality sub-ground under 'public policy' under section 34(2)(b)(ii) of the 1996 Act for setting aside a domestic arbitral award has been an exercise of judicial creativity, the Parliament ought to have defined the 'patent illegality' ground while amending the 1996 Act through the 2015 Amendment Act'.
Should Judges Go By Rule Of Law Or Rulers' Law?
"The power of transfer is a highly dangerous power involving great hardship and, injury to the judge transferred including a stigma on his reputation in cases where the transfer is not effected pursuant to any policy but the judge is picked out for transfer on a selective basis and to my mind, it makes no difference whether the transfer is made by the government on its own initiative or it is made at the instance of the Chief Justice of India." This statement given by the Constitution Bench...
Online Grooming Of Children-Legal Framework
The National Crime Records Bureau has recently reported to initiate the recording of online sexual abuse of children based upon the recommendation of the 206th Parliamentary Standing Committee on Home Affairs, which noted the poor law enforcement and data in such crimes. With the internet booming in India and the increasing accessibility of children to technology, cybercrimes against children has begun to gain attention with the vulnerabilities of children in cyberspace becoming...
Understanding The Law Governing PILs In Light Of The Petition Challenging The Presidential Order Concerning J&K
The year 2018 shall go down as a monumental year in the history of the Supreme Court of India. The Court through its judgments granted women the right to enter the Sabarimala temple, struck down the discriminatory provision of adultery, agreed to live stream its proceedings etc. The doors of the Court were knocked by common citizens in the above matter, using the mechanism of a Public Interest Litigation Petition ('PIL'), a tool that allows any citizen of India to approach the Supreme Court/High...
Violence Against Doctors- A Zero Tolerance Approach
WHY A CENTRAL LAW? The Indian Medical Association ( IMA) has repeatedly appealed to the central government to draft a comprehensive Central law for the protection of doctors against assault and violence which is on the rise in recent times. The Association's Reasons for drafting a Central law was that it would be a 'deterrent' and the need for such a law was that it should provide adequate security measures and determinants that would curb acts of violence against medical...
Ram Jethmalani And The Emergency
Mr. Ram Jethmalani was the Chairman of the Bar Council of India during the most tumultuous period (1970-1976) for judiciary and democracy in contemporary Indian history. Under his stewardship, Bar Council of India streamlined the rules for the general conduct of legal profession that came about through introduction of Bar Council of India Rules, 1975. When lawyers appearing for unpopular and infamous accused in criminal matters were decried, the Bar Council of India under the...
Chidambaram And The Law
It was on 21 August that P. Chidambaram was arrested in the INX Media case. He was sent to judicial custody later, after prolonged custodial interrogation. The allegations relate to anomalies in the clearance given by the Foreign Investment Promotion Board in 2007 while Chidambaram was the Finance Minister. Whatever the merits of the case might be, there are other aspects of grave concern for both Indian politics and judiciary. Curbing the opposition Governments ...