English- The Language Of Supreme Court Of India

Following  tweet by a journalist has gone viral.https://twitter.com/harishvnair1/status/1057892525241847810This has lead to lot of ‘trolling’ in social media space.  Several persons have expressed opinion criticizing the Court as ‘snobbish’ and ‘elitist’. But has the Court committed any wrong by its response in the above manner? Let us examine.Before proceeding further, it will be beneficial to see the Constitutional scheme in relation to language. In the Constitution of India Part XVII titled...

The Unconstitutional Vagueness Of The Personal Data Protection Bill, 2018

“What happens in vagueness, stays in vagueness...”Police Officer: “Hey, Mr.CEO, you’re under arrest! We’ve found that the website of your company displays….hmmm….what do you call it [Police Officer asks his slightly more informed sidekick]…oh..yes, yes..I know - ‘Data’; this can cause ‘harm’ to people, so I’ve been told [Police Officer grins]   Mr.CEO: “What! Please wait a minute; I can explain, this was legitimate use of data, ‘X’ (owner of data) allowed us to use it, there is a contract...

Acquitted But Not Yet Free – The Constitutionality Of Section 437-A Cr.P.C

The Criminal Procedure Code 1973 [Cr.P.C.] was subjected to significant amendments in 2009. The law on arrest was drastically altered following Supreme Court admonition, and victims were given a real foothold in the criminal process for the first time. Amidst all this, a provision was added to the section on Bail in the Cr.P.C.: Section 437-A. What does it say?Before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may...

RBI Autonomy Is Neither A Myth Nor A Desire; It’s A Historical Fact

The Historical context of RBI reveals that its autonomy is not a myth. The central bank under the RBI Act, 1934 may not be as autonomous as US Federal Reserve System, yet it is far from being a mere governmental stooge.The ongoing tussle between the Central Government & the Reserve Bank of India indicates the tumultuous times that we live in as also the institutional skepticism we are heading towards.Ever since the news of government invoking (or initiating the process) Section-7 Reserve...

The Recurring Controversy Of Judges' Transfers

"Consistent practise and transparency is lacking when it comes to transfer policy pursued by the SC Collegium"The script remains the same; just the characters change. Last year it was Justice Jayant Patel. This time it is Justice Akil Abdulhamid Kureshi. Both judges had to face unexpected transfer orders, the reasons for which are shrouded in mystery. Both judges- belonging to Gujarat High Court originally- were known to have passed bold orders which miffed the political executive of the day....

Hashimpura : How The Brave Efforts Of A Photo Journalist Provided Clinching Evidence In The Case.

Hashimpura evokes the horrors of the Holocaust.Imagine being forcibly taken away by armed forces at gun point from the comforts of your home, from the sight of your loved ones, to be packed into a truck with several others and to be taken away to a distant place and shot down in darkness and thrown into a canal- all because one belonged to a particular community.During May 1987, Meerut and surrounding areas were engulfed in communal riots triggered by the opening of the locks of Babri Masjid to...

The Story Of A Stay Order Which Keeps CBI Alive

'While the present controversy has enlivened discussions regarding reformative measures to insulate the agency from political influence, the stake holders may also keep in mind that the very existence of the agency is hanging by a loose thread extended by the SC.'The unprecedented existential crisis which engulfed the Central Bureau of Investigation last week following the Alok Verma-Rakesh Asthana episode did not escalate to damaging levels, thanks to a crucial intervention made by the Supreme...

“I Send My Soul Through Time And Space/ To Greet You. You Will Understand…”: On Sabarimala And The Civil Rights Cases

From 1861 to 1865, a long and bitter civil war was fought in the United States of America. One of the major causes of the war was a dispute over the institution of slavery. After the pro-slavery Southern States were defeated, the institution was abolished throughout the U.S., Black people were formally emancipated, and three important amendments to the American Constitution were passed. The first of these, the thirteenth amendment, stated that “neither slavery nor involuntary servitude, except...

Explainer : Is The FIR Against Rakesh Asthana Invalid Because It Is Based On A Lapsed Provision?

The CBI is caught up in high drama as its No.2 official Rakesh Asthana has been named in an FIR in relation to a corruption case. As soon as the details of FIR got public, social media got abuzz with comments that the FIR was unsustainable as it was registered for an offence which is no longer in existence now – Section 13(1)(d) of the Prevention of Corruption Act,1988, which punishes criminal misconduct by a public servant. This provision is no longer in the Act, as it was substituted with a...

The Unjustness Of Non-Competitive Designation

Strong women and men make strong institutions. Emerging from shadows of the past, today the Supreme Court is manned by judges possessing the highest aggregate of superior knowledge and learning. With the top end of the institution comprising of a strong bench, the base of this institution still remains strongly embedded in the quality of its bar. The symbiotic relationship between the bench and the bar does not need any elaboration. The beauty of democracy of the institution lies in the bar...

Analysis Of Corporate Social Responsibility With Special Reference To India

Corporate social responsibility (CSR) is defined as operating a business in a manner that meets or exceeds the ethical, legal, commercial and public expectations that society has of business . In the last 20 years, there has been a sea change in the nature of the triangular relationship between companies, the state and society. CSR has become increasingly prominent in the Indian corporate scenario because organisations have realised that besides growing their businesses, it is also vital to...

Judicial Overhaul- Need Of The Hour

Extraordinary events that have taken place in January 2018 have attracted censure not only from the legal fraternity but from the citizenry too. Concerns raised in the press conference by the four Senior-most Judges with regard to the growing insecurity in the Judiciary due to the indifference of office bearers enjoying discretion with regard to the allocation of Cases to benches and allegations of discrepancies that have arisen out of this unfettered administrative power being granted in the...