Aftermath Of Supreme Court Judgment On Delhi Govt v LG Tussle

It is too early to state that power of elected government has been cemented over the LG on all thorny issues which triggered off the legal battleThe Supreme Court has upheld the authority of the elected government of NCT of Delhi over the Lieutenant-General in matters of administration.  The court held that LG is bound by the aid and advice of the Delhi Council of Ministers and the LG cannot interfere with each and every decision of the government. It said the LG’s power to make presidential...

The Victim Woman’s Reflexive Overt Acts Alone Constitute Matrimonial Cruelty Under Section 498 A Of The Indian Penal Code

A closer examination of Section 498 A of the Indian Penal Code, 1860 (‘IPC’ for short) will reveal that all acts of cruelty (as generally understood) against a woman by her husband or his relatives may not amount to matrimonial cruelty within the meaning of the Section. Such cruelty may amount to other offences either under the IPC or any other law but not the cruelty as contemplated by Section 498 A of IPC. The said Section reads as follows :-“498A : Husband or relative of husband of a woman...

The Selective Battles Of Bar Council Of India-II

The BCI ought to do more ground check before making tall claims for 99.9%, because most discerning members of the bar do not wish to be counted in that 99.9%.The Bar Council of India (BCI) seems like a sleeping leviathan which springs into action only to wage its “selective battles”.  During April it had come up with a resolution—semantically flawed and conceptually confused, against lawyers who intended to move an impeachment motion against the CJI, which was commented upon in an earlier...

Vulnerable Witnesses And Criminal Justice System: Role Of Intermediaries

A recent June 21st incident where a child with Down's syndrome witnessed a murder and two attempted murders draws our attention to the serious lacunae in the Indian legal system with regard to the interface of vulnerable witnesses with the criminal justice system. The police and the prosecution have their own agenda to follow in terms of investigation, collection of evidence towards conviction and are little attuned to the disabilities and vulnerabilities of children, trauma survivors and...

Governor Or An Agent

“A thousand years scarce serve to form a State; An hour may lay it in the dust.” - Lord Byron It is being said that Justice must not only be done but must appear to be done. Like Justice, accord to the constitutionalism must not only be inculcated but also appear to be inculcated. Governor and the office of the Governor has a long history. We are a federal structure, Are we? Perhaps yes, barring the manipulations and manoeuvring by few whose eyes twinkle more than the twinkle twinkle little...

A Bull(y) Goes Berserk

Bar Council of India has released a press note criticizing the statements made by Justice Chelameswar during various interviews post his retirement.It seems like Bar Council of India (BCI) has assumed disciplinary jurisdiction over the bench as well. I base my assumption on the preaching tone of the press release, which says, “Self-restraint by the Hon’ble judges of the highest court seems to be a forgotten virtue”Looking at the contents of the press release, delusion seems to be the only virtue...

99.9% - Not in my name

The Bar Council of India is created by the Advocates Act, 1961, with the singular aim of having a statutory body to regulate the profession of law, and the class of legal practitioners. Accordingly, the Bar Council has several functions including the laying down of the standards of professional conduct of advocates, to promote and support law reforms, promote legal education, etc.[1] To achieve these ends, the Bar Council has been given enormous powers.[2] In the earlier days, the Bar Council...

Sexual Harassment At Workplace: The Journey Of The Law

The safety of the people shall be the highest law of the land. The judiciary is the pillar for justice as it not only provides redressal mechanisms, but it also punishes the offender. The law on sexual harassment has mushroomed and nurtured after the 1997 landmark decision of the Supreme Court in the Vishaka v State of Rajasthan. However societal attitudes towards sexual harassment has impeded any effective implementation of the law.The Vishaka Case laid down the guidelines with respect to...

Silenced By Fear? Extra-Constitutional Threat To Press Freedom

What can the Constitutional Courts do when fundamental freedoms are curtailed by non-state actors like troll armies and fringe elements?As people all over the country were keenly awaiting the sighting of the crescent moon on June 15- believers for declaration of Eid-ul-Fitr and non-believers in anticipation of an extended weekend- the editor of Rising Kashmir, Shujaat Bukhari got killed by militants in front of his office at Srinagar. As many as 16 bullets were pumped into his body from close...

On World Refugee Day…

The notion of a ‘refugee crisis’, so heavily judgment-driven and emotionally charged, has, through its continuous replication, achieved so far three objectives: the impression of consensus, the reproduction of societal norms and stereotypes, and the evasion of political and social critique. In India, the challenge took a toll last year when the Central Government announced the deportation of 40,000 Rohingya refugees. Growing alongside the rise in populism is the opposition ‘between insiders and...

Is Resolution By Faridabad Distt Bar Assn Barring ‘Outstation’ Advocates Valid?

The District Bar Association, Faridabad, recently passed a resolution that an outstation advocate will not be allowed to appear in Faridabad courts unless he is accompanied by a local counsel. A drastic step to stop members of the fraternity from appearing in courts! In my view the resolution is, however, legally sustainable although it deserves to be withdrawn at the earliest. Let us see, how the resolution is legally acceptable.Handicapping advocates from appearing without a local counsel;...

Why Aadhaar Act is a Black Act -Part III

Citizens would face an unprecedented onslaught from the provisions of Aadhaar Act and Human DNA Profiling Bill and other related surveillance measures being bulldozed by unregulated and ungovernable technology. The Aadhaar Act paves the way for the manufacturing legitimacy of the proposed Human DNA Profiling Act. Biometric profiling of every sort is dehumanizing.The dangers of trusting identification technologies for determining social policies is bound to be consequential in a situation where...