Decoding The Enquiries Under Prevention Of Money Laundering Act, Customs Act Vis-A-Vis The Personal Liberty: (PART 1)

India is one amongst the country who is apart from transforming its own economy, is proving its mettle at the world's stage. The spine of an economy certainly depends upon its tax, revenue regimes, and allied economic policies. For a country to grow, it is equally responsible for its law enforcement agencies how do they deal with the alleged tax and duty violators. Many cases allege harrying, pertaining to the enquiries made by the Directorate General, be it under Prevention of Money...

How Governments Sidestepped Compliance With The Salwa Judum Decision

In July 2011, a panel of Justice B. Sudarshan Reddy (who was slated to retire from office that week) and Justice S.S. Nijjar declared the establishment of Salwa Judum unconstitutional and ordered that it be disbanded immediately. It also directed an immediate end to the deployment of the SPOs in counter-insurgency operations. The state and central governments were censured for their conduct from the time of the filing of the PIL in 2005.The state government was criticized for making misleading...

Kashmir : Why SC's Omission To Address 'Emergency' Argument Of Petitioners Is Problematic?

The judgment has not dealt with the argument that lockdown of an entire state can be done only by declaring formal Emergency.

Right To Free Speech Versus Right To Reputation

Legal implications for Social Media Platform providers in India

Cry Me A Constitution

Come on and cry me a river Cry me a river Cause I cried, I cried, I cried a river over you -Ella Fitzgerald 1961, song written by Arthur Hamilton.

Law Relating To Encounter Killings By The Police

"Encounter killings" or "retaliatory killings" or "extra-judicial executions" by the Police are disconcertingly on the increase now-a-days. Such killings most of which are alleged to be "fake encounters", however, evoke rapturous joy and exhilaration among the general public and also in the print, electronic and social media. Paying rich encomiums to the trigger-happy Police personnel, opinions are even aired that rapists and hardcore marauders should be exterminated through lynching in...

Attack On JNU : What Explains The Trust Deficit In Constitutional Courts?

It is saddening to see the massive erosion of public confidence in Courts.

The Onus To Declare Rarest Of The Rare: Subtle Failures Of Substantial Justice

Judgments of criminal courts, more often than not, serve as messages to the society. Apart from settling the questions of law urged by the parties before the court, they go on to convey the message of judicial conscience to the society at large and this message emanating from the judicial conscience of the courts becomes crucial to be conveyed when criminal minds achieve new levels of depravity through criminal acts. The Indian society is venturing into newer areas of criminal depravity ...

Constitutional Economics And Its Relevance For Contemporary India

….How can we live together in peace, prosperity, and harmony, while retaining our liberties as autonomous individuals who can, and must, create our own values?- James M. Buchanan Jr., 1986 Nobel Prize winner in Economics for theory of "The Constitution of Economic Policy" The last month Chilean protest over its Constitutionally mandated norm of neoliberalism even in social services like Education reignited the debate over the two sides of the Constitution of Economic Policy: balance of...

Locus And RTI: To Be, Or Not To Be?

Recently Chief Justice S. A. Bobde had criticised how the concept of locus standi being conspicuous only by its absence in the RTI law and how the Act had come to be a tool for "blackmail and extortion", with "all sorts of people filing all kinds of applications". He said that the law which was intended to enable only affected individuals to draw out relevant information has now given rise to a full-time profession whereby parading as "RTI Activists", even persons unconnected with a subject are...

Government Powers Under The Data Protection Bill, 2019: A Critical Analysis

As a new decade dawn, India is likely to witness the passage of crucial and high-impact data legislation, which will a gamechanger in the digital landscape. A Bill, entitled the 'Personal Data Protection Bill, 2019', which was introduced in Parliament in the last month of 2019, comes in the wake of the categorical reaffirmation of the fundamental right to privacy by the Hon'ble Supreme Court of India, in the case of Puttaswamy v. Union of India. Specifically, the Court had recognized ...

NGT Yearly Round Up-2019: 20 Orders From NGT For A Greener 2020

Excess wastage of water by use of Reverse Osmosis (RO) process NGT dealt with the issue of conservation of potable water by preventing its wastage on account of unnecessary use of Reverse Osmosis9RO) systems. It was noted that the use of RO systems results in TDS level below the desirable threshold causing deficiency of calcium and other minerals. Wastage of groundwater by Delhi District Cricket Association in sprinkling RO treated groundwater on cricket ground was also considered by...