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.

Jammu And Kashmir: Dubious Call Of Integration

The abolition of Article 370 led to dubious drum beating about final integration of Kashmir into India. In the year 1954 when the Presidential Order (1954) was issued comprehensively determining the extent of Union control over Kashmir, the same kind of trumpet blowing occurred. I call it drum beating and trumpet blowing as I find it distasteful. There was again a heated debate, based on no evidence at all, about who supported what in terms of merger of the States. Patel was projected as the...

Electronic Cigarettes Ordinance- A Peculiar Case of Legislative Mismatch

By putting curbs on the commercial activity pertaining to electronic cigarettes and leaving consumers/users out of its purview, the Ordinance militates against the principle of reasonable classification and is open to challenge under Article 14.

Justice Kureshi Saga : Death Knell For Independence Of Judiciary

Late on Friday night, a resolution passed on September 5 by the Supreme Court Collegium was uploaded on the court's website. Through the resolution, the Collegium, headed by Chief Justice of India Ranjan Gogoi, modified the recommendation it had made on May 10 to the central government to appoint Justice Akil Abdulhamid Kureshi as the Chief Justice of Madhya Pradesh High Court to now appoint him as Tripura High Court's Chief Justice. Though no reason was given for this sudden modification, it...

"The Darker Side Of Sunlight"-Court Reporting In The New Age

Recently, while hearing a PIL to regulate cosmetic clinics, a High Court judge made an observation, in a lighter vein, about the centrality of such clinics to the life of many, only to make a quick retraction saying that "what ever we say gets published in the press!" The Supreme Court has also indicated it would consider a request to record/broadcast the Ayodhya Case proceedings. In the age of 24X7 news and hyper active social media, as courts mull over whether live-streaming of proceedings...

Few Lessons For Supreme Court Of India From UK Supreme Court

The Supreme Court of India has few lessons to take from the UK Supreme Court in promptly adjudicating constitutional issues.

Right To Access Internet : Kerala HC's Guiding Light To SC

The Kerala High Court judgement can be a dim guiding light for the Supreme Court and aid it to pave its way back to its days of K.S. Puttuswamy and, to its primary duty of being the guardian of the people.

Resource Efficiency-A Need Of The Hour

When the last tree is cut down, the last fish eaten and the last stream poisoned, we will realize that we cannot eat money. It is interesting in this light to look at the observations made on the Earth Overshoot Day which has been taken as a reference point to understand the extent of natural resources we humans can exploit in a given year. The Earth Overshoot Day for 2019 was on 29th July which is a month before what it was the last year. In the context of such observations, the Central...

Why Separation Of Powers In India Is Like Love

Until the 16th of September, 2019, we believed that there were some fundamental principles that underlay our constitutional system. These principles were as fundamental as breath and as natural. We took them for granted. For example:Fundamental rights cannot be infringed in the absence of law (Kharak Singh v State of UP).If there exists a law, that law must be promulgated publicly, so that citizens may know what it says, and know the basis on which fundamental rights are being restricted. Secret...