Eroding Democratic Values

Supreme Court has recently said ‘lynching is an affront to the rule of law and to the exalted values of the Constitution itself’. The Rule of law is one of the basic features of the Constitution of India and the same reflects everywhere in it. Similarly, the Supreme Court has declared ‘Secularism’ as a basic feature of the Constitution. Hence, Secularism cannot be taken away from the Constitution even after its amendment. The principle of secularism, as stated and understood, would not only...

Phone Tapping In India: A Need To Revisit Law?

The Indian Telegraph Act 1885 (hereinafter “the Act”) is the primary legislation concerned with controlling and regulating communication channels in India. Section 5 of the Act lays down grounds for issuance of an interception order which includes the occurrence of a public emergency, interest of public safety, the sovereignty of India, security of the State, friendly relations with the foreign States, public order and preventing any incitement to the commission of an offence. The Act recognizes...

Centre's Scramble For One-Upmanship Over Judicial Appointments

The SC Collegium has been biting the bullet, sending disconcerting signals about  independence in judicial appointments.Though the acceptance of re-recommendation for Justice K M Joseph's elevation has avoided an embarassing stand-off between Centre and SC Collegium, it is hard to miss the an emerging pattern in the recent judicial appointments, which indicates the attempts of the Centre to have one-upmanship over Collegium.The appointment of Justice Joseph - whom the Collegium had unanimously...

Data Protection Bill: Govt’s Yet Another Attempt To Weaken RTI Act In The Name Of Privacy

If any proof was required that the Right to Information Act is seriously threatening the arbitrary and corrupt actions of those who are powerful, the proposed Data Protection Bill provides it. The Supreme Court of India in various decisions before the advent of the RTI Act has acknowledged that the Right to Information and Right to Publish are fundamental rights of citizens under Article 19 (1) (a) of the Constitution which guarantees freedom of speech and expression. Any constriction of this...

Concerns Flagged Over Motor Vehicles Amendment Bill

There is opposition that the Bill encroaches on powers of State Government. It is also felt that the Bill does not adequately address concerns of road safetyThe passing of the Motor Vehicles Amendment Bill in the Rajya Sabha has hit a road block after several members from the opposition raised concerns about it. The Bill, which was introduced in Lok Sabha during August 2016, makes several amendments in the Motor Vehicle Act 1988. Though the Bill was passed by Lok Sabha during April 2017, it was...

Srikrishna Committee Report And Draft Data Protection Bill - Initial Statement

The Expert Committee chaired by Retd. Justice B.N. Srikrishna submitted its 176 page report to the Minister of Electronics and Information Technology at 1600 Hrs on 27 July 2018 (today). The Committee also submitted a draft of the legislation on data protection titled, ‘The Personal Data Protection Bill, 2018’. After weeks of secrecy, denial of information in RTIs about the proceedings of the Committee, the report as well as the draft legislation have now been placed in public domain. It is a...

What The Judges Can Do?

“What do the judges do?” an irritated client questioned, as his matter, which was posted for final hearing, was adjourned. I mostly shrug off such questions. But on this occasion the client was so perturbed, a long discussion ensued and made me realise that a common man hardly has any idea of ‘what the judges do’. A successful CEO of a Multinational Company attended the court hearing of what was supposed to be the final hearing of his case. The matter was being shown in the category of final...

A Tribute To A Legend- S.Venkitasubramanya Ayyar

Shri S Venkitasubramanya Ayyar, Senior Advocate who had enriched the High Court of Kerala is no more with us. Shri SVS, as he is affectionately and respectfully addressed by all, leaves behind indelible imprints of immaculate perfection in the art of advocacy. A multitude of uncountable instances have revealed his court craft at its zenith, which remains unparalleled in the history of the High Court of Kerala. Shri SVS combined in himself the faculties of forensic factual analysis and ingenious...

An Apocryphally Articulated Interpretation of the Law of Terrorism

Misuse of criminal laws by the investigating agencies is an anathema in the criminal justice system in India. And the sorrowing fact is that, sometimes, such misuse gets judicially authorized at some level. Correction takes time.  In one of such affairs [Abdul Salam vs. National Investigating Agency (2018 (3) KHC 1 (FB) = MANU/KE/1003/2018)], the Full Bench of the High Court of Kerala, per majority (2:1), rightly held that the offence of circulation of counterfeit Indian currency notes (fake...

The People Of India Have Protected Their Right To Information Once Again

The Centre's decision to defer the Right to Information (Amendment) Bill 2018 – after protests from the public and the opposition – is temporary good news.Sub-section (5) of Section 13 of the Right to Information Act provided that the salaries and allowance and other terms and conditions of service of the chief information commissioner and information commissioners shall be same as that of the chief election commissioner and election commissioners, respectively. Similarly, sub-section (5) of...

Live Streaming Of Supreme Court Cases—An Idea Whose Time Has Come

The brilliant move by the Supreme Court (SC) in declaring its support for live streaming of its cases, in two PILs filed by Senior Advocate Indira Jaising and Swapnil Tripathi (a law student from NLU Jodhpur), comes at a time when there is serious trust deficit in the workings of the court. The bench of Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud should be lauded for a great step towards initiating a move for transparency and openness in the Indian legal system....

Prevention of Corruption (Amendment) Bill, 2013 (As presented in Rajya Sabha – Salient Features)

The Rajya Sabha on 19th July 2018 passed a Bill seeking to amend the various provisions of Prevention of Corruption Act, 1988 (“PC Act, 1988”).The Bill which was originally proposed during 2013 was then referred to a Select Committee of Rajya Sabha, which submitted its report on August 12, 2016.Major changes suggested in the PC Act, 1988  as reported by the Rajya Sabha Select Committee, 2016 include: Giving a bribe as punishable offence: The Bill introduces the offence of ‘giving a bribe’ as a...