In Indian Lynchings, Law Is An Accomplice

"And then they had me, stripped me, battering my teeth into my throat till I swallowed my own blood. My voice was drowned in the roar of their voices, and my black wet body slipped and rolled in their hands as they bound me to the sapling."- Afro-American poet Richard Wright,in his poem Between the World and Me, thus portrayed the macabre of the lynchings that took place in America against the coloured people in late 1800s and early 1900s. The Emancipation Proclamation of...

Simultaneous Elections: Distorting Accountable Democracy And Federalism

"Our Constitution must not be a dictatorship but must be a Constitution in which there is a parliamentary democracy, where Government is all the time on the anvil so to say, on its trial responsible to the people, responsible to the judiciary, then I have no hesitation in saying, that the principles emboded in the Constitution are as good as, if not better than the principles emboded in any other Constitution."Dr.B.R.Ambedkar Constituent Assembly Debates 17 September 1949 In the middle...

Authoritarian Mindset Against RTI: Will CIC Break The Iron Walls Of CEC?

It's a coincidence that the CEC's rejection of RTI request for disclosure of dissent came on the 44th Emergency Day in violation of the fundamental right to freedom of speech and expression under Article 19(1)(a) of the Constitution of India. Prime Minister Modi rightly rescinded Emergency saying that because of people's rejection of that regime the country's "democratic ethos prevailed over an authoritarian mindset". The authoritarian mindset of public authorities, now CEC, is prevailing...

Law On Reels - 'Article 15' : Addressing The Divide Between Constitutional Vision And Social Realities

To present Article 15 in reels as a walking idea, as a thought which is yearning to take the shape of lived reality - that was a cinematic novelty.

Need For Effective Marriage Laws For Non- Resident Indians (NRIs)

Till now, in India, there is not even a single legislation governing the matrimonial laws applicable to the NRIs

What About Natural Rights Of Those Who Serve Judges? Problems With Kerala High Court Sevak Rules

These rules defy every principle that is associated with public employment especially equal opportunity in selection.

Prudential Framework for Resolution of Stressed Assets, 2019: The Winds of Change in Banking Sector

The last few months have seen a wave of reforms and implementation of new policies in the Indian banking system. One major cause for staggering banking sector is increasing Non-Performing Assets (NPAs). Evaluating bad loans of 39 listed banks in absolute term, it reached 92% in fiscal year of 2016 which was almost Rs. 5.79 trillion. In the backdrop of rising NPAs, the Reserve Bank of India came up with a circular which provided option to stressed companies to resolve NPAs. The first of...

Whither Rule Of Law? The Glaring Defiance Of SC Guidelines To Curb Mob Lynching

Recurring cases of lynching show how weak the fiat of the Supreme Court runs in this country.

Defects in Tenth Schedule: Perpetuating Constitutional Sin of Defections

In Harish Chandra Rawat case, the Supreme Court said defection is a constitutional sin. This is the story of sinful defections in the mask of mergers. Most unholy political treacheries are becoming constitutionally accepted activities. The mergers are nothing but wholesale defections, forming base of strategies of ruling parties. The fabric of politics is made of tearing a piece from a cloth-roll and stitching it with another, called merger, though design, colour or texture does not match....

Poor Performance Of The Commercial Courts Act, 2015 Finds Empirical Study

In 2015, the Commercial Courts Act, 2015 was introduced to expedite the disposal of high-value commercial disputes. As originally enacted, the legislation required that, commercial cases above Rs. 1 crore were required to be heard by designated courts at the District Courts or High Courts (only if the High Court had ordinary original civil jurisdiction). In 2018, to widen the scope of the Act, the pecuniary threshold was reduced from Rs. 1 crore to Rs. 3 lakhs. The procedural reforms...

Anticipatory Bail And Juveniles: An Ambiguous Tale

Law pertaining to grant of anticipatory bail to juveniles is in a state of flux in India and the absence of the Supreme Court ruling has only added to the ambiguity. Various High Courts have delivered conflicting opinions on the grant of anticipatory bail to the juveniles. Recently, Madhya Pradesh High Court has opined that a juvenile is not entitled to move an application under Section 438 of Criminal Procedure Code (hereinafter Cr.P.C.) for anticipatory bail. The idea of releasing a...

Impact Of Insolvency And Bankruptcy Code 2016 On Indian Industries

The growing world trend and rapid globalisation have led to fast tracking of disposing off the cases related to insolvency, bankruptcy, liquidation etc. It's imperative to study and critically examine how the inception of IBC took place and to also get into the nitty gritty of the said enactment. Many jurists and lawyers are of the opinion that it was about time that something like IBC came into action and it was the need of the hour. But first things first, what is Bankruptcy, Insolvency and...