IBC - A Big Game Changer In Banking (Part I)

The introduction of IBC was termed as the most powerful weapon in the hands of the bankers to reduce the frightening level of non-performance assets. It is expected that IBC will change the game plan of NPA Management in Indian banking space. The main objectives of the code were time bound reorganisation, maximisation of value of assets, promotion of entrepreneurship, availability of credit and balance interests of all stakeholders. The euphoria around IBC may prompt many to ask -...

The Myth And Reality Of Article 370

Article 370 has virtually ceased and is rendered redundant. The sound byte from top to bottom of the political rung was that since it was designed to be temporary, it has ceased. Reference in this regard is to the "Heading" given to Article 370. Some legal eagles also proclaimed that Article 370 is still existing with some "modifications and exceptions" as contemplated in Article 370(3). There can be no dispute that the provision is temporary or that it has not ceased ...

In Re: Jamaat-e-Islami, Jammu And Kashmir – Anatomy Of A UAPA Tribunal

In recent times, amendments to the Unlawful Activities Prevention Act (UAPA) that allow the central government to designate individuals as "terrorists", have been in the news. The amendments have been criticized on substantive grounds, on the basis that they vest too much unchecked power in the central government, and can enable social and political persecution. In all this, however, it is important to remember that the dangers of the UAPA are not just in its substantive provisions but in its...

Spare The Rod And Spoil The Child : Why India Is Not Yet Ready To Decriminalize Cannabis?

Cannabis use has been prevalent from times immemorial, especially in a place like India whether it is in the form of Ganja or Bhang. Cannabis can be used in several forms. It is often smoked as a dry, shredded green and brown mix of flowers, stems, seeds, and leaf. It can be smoked as a cigarette, in a pipe or bong, or as a blunt. A blunt is a cigar casing that has been filled with marijuana. It might also be mixed in food or brewed as a tea. A more concentrated form called hashish is...

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 ...