Status Of Implementation Of Right To Education Act, 2009: Reflections & Inferences From Uttar Pradesh

Mahatma Gandhi had stated that primary education “[will] lay the foundation of a juster social order in which there is no unnatural division between the ‘haves’ and the ‘have-nots’ and everybody is assured of a living wage and a right to freedom”. The importance of basic education has been aptly described by Jean Dreaze and Amartya Sen in their book, “An Uncertain Glory: India and its Contradictions” (Penguin, 2013), as: “In a society, particularly the modern world, where so much depends on the...

Demand Notice Issued By Lawyer On Behalf Of Operational Creditor Can’t Be Treated As Demand Notice Required Under Sec.8(1) Of I & B Code: NCLAT

The judgment of the National Company Law Appellate Tribunal (NCLAT), in Macquarie Bank Limited vs Uttam Galva Metallilcs Limited (Company Appeal (AT) (Insol) No. 96/2017), which is further followed in Centech Engineers Private Limited & Anr vs Omicron Sensing Private Limited (Company Appeal (AT) (Insolvency) No. 132/2017), gives a strong warning against the dealing of Corporate Insolvency Resolution Process in casual and careless manner by lawyers, chartered accountants, company secretaries...

Eugene Wambaugh’s Inversion Test And Its Applicability To The ‘Right To Privacy’ Judgement of the Supreme Court of India

The Judgement of the Supreme Court of India in the case of KS Puttaswamy (Retd.) & Ors vs Union of India[1] has rightly been heralded as a Constitutional Landmark in the ever-evolving horizon of Fundamental Rights Jurisprudence.Tracing the position of Law, right from the timeless opinion of William Pitt, The Elder, in Semaynes Case[2], to the expositions of Brandeis. J, in his famous article in The Harvard Law Review[3] to the decisions of the United States Supreme Court in Olmstead[4],...

The Supreme Court’s Right to Privacy Judgment – IX: Living Constitutionalism, Natural Law, and Other Interpretive Issues

The Puttaswamy case came to Court because the Indian Constitution does not have a textually guaranteed right to privacy. Each of the six judgments spent considerable time establishing why, despite the constitutional text, privacy was a fundamental right. Many different arguments were advanced, and in the first two posts in the series, we discussed one of them: privacy was a fundamental right because without it, effective enjoyment of textually guaranteed rights such as the freedom of speech, the...

Working with A Legend: Shri PP Rao

Shri PP Rao was a doyen of constitutional law and one of the most respected senior advocates of the Supreme Court Bar. He commanded the respect of one and all. The quality which distinguished Sir from any other person was his humility, his respect towards one and all, and his humane gesture. Even though he was a person of very high stature, he lived a simple life. He was a professor of law in the prestigious Law Faculty of Delhi University from 1961 to 1967. In 1963, he came in contact with the...

Constitution Bench Verdict On Triple Talaq Does Not Have A Long Life

Three judgments were delivered by the constitution bench on triple talaq recently. The entire exercise of the constitution bench can be held to be nothing if the three judgments are analysed carefully. The popular belief that triple talaq called ‘talaq-i-biddat’ has been constitutionally ostracised is far from the truth.The first of the three delivered by Chief Justice JS Khehar, though prolix and elaborate, appears to be the correct and one within the constitutional parameters.  The second one...

Analysis of the Extension of Moratorium Period under IBC

Year 2016 marked the inception of The Insolvency and Bankruptcy Code, 2016 ('Code') of India. The Regulation coming into existence with an aim to revitalise and resolve the sick companies and bring it back to a better financial condition, has gained a lot of recognition in the present market condition. Among other features, one of the important feature of the Code is its time bound resolution process whereby it focuses on resurrecting the sick companies within a period of 180 days and a one-time...

Appointment Of Dalits As Temple Priests, Affirmative Action & The Way Forward

In the year 1930, Dr. Ambedkar launched his temple entry movement in Nasik (Maharashtra). The Depressed Classes in Nasik informed the trustees of the famous Kalaram Temple that they would launch satyagraha if the trustees did not throw the temple open to the Untouchables before a particular date. The temple entry satyagraha was an initial symbolic move towards social equality and saw resistance from high caste Hindus.After Independence, the Dalits, who account for around 16% of total population,...

The Implications Of Collegium’s Decision To Bare its Decisions

The decision of the collegium of the Supreme Court, consisting of the Chief Justice of India and four senior judges, to disclose its decisions and reasons thereof on appointments or non-appointments of judges of the high court and the Supreme Court etc is no doubt popular, but a complete surprise.On the judicial side, the constitution bench of the Supreme Court in 2014 had directed the Union of India to frame a Memorandum of Procedure (MoP) in consultation with the Chief Justice of India on the...

Time Limit Prescribed In IBC- Not Mandatory

In the case of Surendra Trading Company v. Juggilal Kamlapat Jute Mills CO. Ltd. & Ors.[1], the Apex Court was concerned with the correctness of the order passed by the National Company Law Appellate Tribunal (NCLAT) whereby it was held that the time of 7 (Seven) days prescribed in proviso to section 9(5) of the Insolvency and Bankruptcy Code, 2016 (IBC), for admitting or rejecting a petition or initiation of insolvency resolution process, is mandatory in nature and the Hon'ble Supreme...

The Jurisprudential Conundrum Of Hadiya Case

Justice has a protean face, capable of change, readily assuming different shapes, and endowed with highly variable features, writes Edgar Bodenheimer in his magnum opus, Jurisprudence, the Philosophy and Method of Law. However, variable the features of our perception of Justice maybe, at its core, it essentially has three values; Liberty, Equality, and Security. Striking a perfect balance between these three components is what ensures moral and legal order in our society. Any of the...

A Small But Significant Victory For Tort Law And Civil Liberties

In a short but significant judgment delivered on August 28, Additional District Judge Jitendra Mishra at the Patiala House Courts, Delhi awarded damages of Rs. 2 lakhs to Lokendra Singh Bati, a businessman based in Noida, who sued the Ministry of External Affairs and Ministry of Home Affairs for wrongly impounding his passport at the airport. Mr. Bati was due to board an international flight to Dubai, on the grounds that there was a police case filed against him and that his name appeared on the...