Tehmtan Andhyarujina: An Epitome Of Decency And Uprightness

A cliché that is often employed when marking the demise of an eminent personality is that the event represents “the end of an era”. In many cases the use of such language is symptomatic of unimaginative, even lazy, journalism. But there are occasions when the phrase acquires an undeniable aptness and resonance. One such occasion is the passing on, in quick succession, of two of the stalwarts of the Indian Bar, Anil Divan and Tehmtan Andhyarujina on 20 and 28 March respectively. With their...

Remembering TR Andhyarujina - My Godfather

I first met TRA at my college - Campus Law Centre, Delhi University, where he gave his famed lecture on judicial activism and his rendition of the Kesavananda Bharati case.I went up to him after the lecture and introduced myself, after which he asked me, “Gujarati aavdeche?” The conversation ended on a good note.When I next met him while wandering the Supreme Court corridors, he gave me his trademark “Hello” greeting and asked me how I was doing.I told him I was in search of an internship and he...

Decoding Interest Rate Options

Hola traders in finance! There is a new financial derivative introduced by Reserve Bank of India (RBI), effective from January 31,2017. Traders can now gain by speculating on interest rates as well. This will enable all domestic entitles that have underlying interest rate risk to hedge their risk by trading in newly christened derivatives.What are interest rate options? Typically an interest rate option is the one that derives its value form the change in interest rates. Before we delve into...

Did the Supreme Court Support The Mandatory Use Of Aadhaar In Non-Welfare Schemes?

The matter related to 12-digit biometric Unique Identification (UID)/Aadhaar number was mentioned before the Chief Justice of India Jagdish Singh Khehar headed 3-Judge Bench of Supreme Court on March 27. After hearing the matter the Bench did not pass any order.  The Bench also comprised of Justice D Y Chandrachud and Justice Sanjay Kishan Kaul. Senior Counsel for the petitioners, Shyam Divan apprised the Court through the earlier orders wherein UID/Aadhaar matter has been judicially determined...

T. R. Andhyarujina: A Tribute

With the passing away of Mr. T.R. Andhyarujina this morning at Mumbai, the country has lost a legal luminary, who has been an integral part of the legal and constitutional history of India.Mr. Andhyarujina made his first mark on the pages of legal history with the epoch-making Kesavananda Bharati Case, popularly known as the fundamental rights case, which propounded the Doctrine of Basic Structure or Framework of the Constitution, and followed by a number of landmark cases in the Supreme Court,...

Judicial Intervention To Limit Drug Abuse & Trafficking

Two teenagers uncovered an international trafficking racket. Tejasweeta Pradhan (17yrs) and Shivani Gond (16 yrs), are members of the Students Against Trafficking Club (SATC). A minor girl who had gone missing from Nepal was traced in Delhi by Darjeeling based NGO, Mankind in Action for Rural Growth, MARG.Thereafter Tejesweta and Shivani started tracking the minor, working closely under the supervision of MARG and the police administration. An international sex racket had trapped the minor and...

Remembering EMS Namboodiripad & The Contempt Judgment By Justice Hidayatullah

I recently had a conversation with my friends on how Justice Hidayatullah imposed a fine of Rs. 50 for contempt of court in 1970 on a former communist chief minister. None of us then realised that this month celebrates 108th year of that politician’s birth.The first elected communist government in the world was formed in Kerala in 1957 when Sankaran Namboodiripad was appointed as its first chief minister. Born in 1909 to an affluent Brahmin family, he was cushioned by Brahmin deities....

Ilayaraja’s Copyright Assertion: A Nuanced Perspective

Film songs are part of the Indian cultural life. The news about Ilayaraja’s assertion of copyright and sending notices to singers like SP Balasubramaiam (SPB) and KS Chitra to stop singing songs with his music have sent shock waves among film music lovers and to many singers whose livelihood depends on their freedom to perform film songs or its remakes.Leaving the moral issue aside, Ilayaraja’s action raises these important questions: Whether he has the legal right to stop public performance of...

Empowered Arbitral Tribunals - Better Times For Arbitration

In any dispute, securing an interim relief at the outset of such dispute is one of the most crucial aspects to enable a party to finally enjoy the fruits under the Award/Decree after adjudication of such dispute. Considering this aspect Sections 9 & 17 of the Arbitration & Conciliation Act, 1996(“Act”) envisages two wings for grant of such interim reliefs.Recognising these characteristics, the Arbitration and Conciliation (Amendment) Act, 2015 (“amendments”)has introduced several changes...

Should A Lawyer Have A “Writer’s Mind”? [Part - 2]

SECTION III Getting Reader’s AttentionLord Denning, a celebrated British jurist, once famously said:“No matter how sound your reasoning, if it is presented in a dull and turgid setting, your hearers—or your readers—will turn aside. They will flick over the pages. But if it is presented in a lively and attractive setting, they will sit up and take notice. They will listen as if spellbound. They will read you with engrossment”.It is believed that lawyers have the privilege of a captive audience...

India Lost A Great Lawyer: Tribute To Anil Divan By Ram Jethmalani

In the passing away of Anil Divan, the nation has lost an ideal member of the Bar whom since I have known for decades was my ideal. He often worked in long PILs without charging a farthing. I was personally honoured when I wanted him to appear for me and my very educated friends in the famous PIL to compel the Congress government in power in 2009 after we found that it did nothing to avail of a German government’s public offer to disclose to us the names of about a 1000 Indian criminals holding...

Caste And Judiciary: An Analytical Look

The repeated refrain of Justice C.S. Karnan of the Calcutta High Court that the consequences which have followed his erratic and unbalanced behaviour are in fact illustrations of caste discrimination can only serve to undermine and make a mockery of the serious issue of caste and judiciary.A pointer to the relation between caste and the judiciary is an  interview of noted constitutional expert and jurist Fali Nariman on the occasion of the release of his book on the Indian Legal System in 2006...