Can Judges Use Court As A Platform To Voice Personal Views?

Judicial restraint is to be exercised to ensure that all statements made by a judge are backed by evidence and are germane to the issue being considered.

Can Centre Abolish Constitution Of A State?

It is not just Article 370, the President's Order has also amended Article 367, changing the substantive character of an important provision besides abolishing entire Constitution of Jammu & Kashmir. Article 370 is meant for preserving autonomy for Jammu & Kashmir, leaving decision making power regarding relationship with Centre to the state's Constituent Assembly. It is a serious limitation on the authority of Executive and Parliament to pass such orders/legislation for the ...

When Bills Get Passed Without Following Pre-Legislative Consultation Policy

Passing of bills without affording options for public consultation undermines democratic spirit in legislative process.

Professor Shamnad Basheer: Reminiscences From Harvard Law School

It's been more than a week since Professor Shamnad Basheer left us. While I tried writing about him earlier this week, my mind was not ready to sink in that he is no more. I met Professor Basheer only once and as recent as in April 2019; but the warmth, affection and encouragement that I got from him since then, made me feel as if I had known him for a long time. Professor Basheer had come to take a class at Harvard Law School (HLS) on 16 April 2019 as part of Professor David Wilkins' ...

Remembering Prof. Shamnad Basheer By Justice (Retd.) Aftab Alam

Justice Aftab Alam, a former judge of the Supreme Court, who presided over the landmark Novartis Glivec patent case in 2013, recollects the time Professor Basheer addressed his court

Shamnad Basheer: A Remembrance

To live with the loss of someone you have turned to for guidance is hard. As time passes, the stillness of loss tends to make memory restless. Recollections flash in your mind, and you cling to them as an anchor. In the hours and days following the devastating news of untimely passing of Shamnad Basheer, the world around me is mourning the loss of a man who wore many hats effortlessly. A guiding light, a mentor, an ideal, a genius, a brilliant scholar, a gifted legal mind, a social...

The Transgender Persons Bill, 2019:A Mr Bumble Bill

"God created Adam and Eve, not Adam and Steve."- Recently a woman has shouted this old homophobic slogan at the Pride marchers in east London. But the truth is far away from this. In between Adam and Eve, there are many other fluid gender identities all over the world. In the Indian context, Mythologist Devdutt Pattanaik, in his 2014 book Shikhandi: And Other Tales They Don't Tell You, had examined the queer behaviour of characters in Hindu mythology. He opined that queerness isn't only...

Provisions Of Prevention Of Money Laundering Act, Boon Or A Bane?

Prevention of Money Laundering Act, 2002 is an Act of the Parliament of India enacted by the NDA government to prevent money-laundering and to provide for confiscation of property derived from money-laundering. PMLA and the Rules that are notified came into force with effect from July 1, 2005. The Act and Rules that are notified impose obligation on banking companies, financial institutions and intermediaries to verify identity of clients, maintain records and furnish information in ...

'Seat' & 'Venue' In Domestic Arbitration : A Critical Look At SC Decision In Brahmani River Case

The interference by courts in arbitration and arbitral awards has been widely discussed and debated across the globe. In India, the legislature as well as the Supreme Court has come out in complete support of this alternative dispute resolution mechanism. Whether it is the amendments brought to the Arbitration Act[1] or the recent line of judgments rendered by the Supreme Court, both clearly are aimed at projecting India to be an arbitration friendly or pro arbitration jurisdiction with...

Bifurcation And 'Will Of The People'

The Central Government resolving to do away with the special Constitutional status granted to the State of Jammu and Kashmir passed a Bill abolishing J&K from being a State and sought the creation of two Union territories of J&K and Ladakh respectively. The government of the day through a Presidential order exercised under clause 1 of Article 370 has made the Constitution of India applicable through 'the Constitution (application to Jammu and Kashmir) order 2019 to the people of...

Gendering Judiciary : Reflections By A Woman Lawyer

The collective resistance to women scaling up the career ladder lies in the system of patriarchy that has been ingrained into to familial, cultural and social psyche of India.

Prof Shamnad Basheer : LiveLaw Lost A Visionary Guide

The shocking news about the death of Professor Shamnad Basheer came to me when monsoon showers were mercilessly pouring down on Kochi.We had a conversation two weeks back and were supposed to meet soon. It took me a while to come to terms with the news, which left me shattered. He was a great source of support and encouragement for LiveLaw, especially during its initial days.He found the idea of a new web portal for legal news to be exciting. Without any hesitation, he agreed to be a part...