Article 370 Of The Constitution Of India, 1950 & The Security Interest Act, 2002

Constitutional Set-up: The Constitution of India, 1950, like the most post-war constitutions, was based on the Westminster Model i.e. bicameral legislative bodies at the Centre and unicameral/bicameral legislatures in the states. The Constitution of India is federal in character and it recognises the existence of a legal system founded upon the rule of law and on the principle of legality, eschewing arbitrariness and ensuring equality before law and equal protection of laws within the territory...

What SC's Distrust Of Private Companies' Role In Collection Of Bio-Metric Data Signifies

Claims about biometric data deeply unscientific, illegitimate promotes genetic determinism and digital casteism.Now that Supreme Court’s bench of Chief Justice J S Khehar, Justice N V Ramana and Justice D Y Chandrachud have admitted on January 5, 2017 that “biometric data collection by private agencies is not a great idea”, it is time to examine the idea of biometric data based 12-digit unique identification (UID)/Aadhaar number project which is linked to proposed imminent DNA profiling of...

The Challenge Of Being The Chief Justice Of India

Judges should be of stern stuff and tough fibre, unbending before power, economic or political, and they must uphold the core principle of the rule of law which says, 'Be you ever so high, the law is above you.' This is the principle of independence of the judiciary which is vital for the establishment of real participatory democracy, maintenance of the rule of law as a dynamic concept and delivery of social justice to the vulnerable sections of the community. These words of the Supreme Court of...

Malayalam Film Strike: Boycott By Exhibitors Is Anti-Competitive Practice

The Malayalam film industry is witnessing an unprecedented crisis now, in view of the tussle between film producers and film exhibitors over percentage of revenue sharing.The association of single screen theatre-owners, Kerala Film Exhibitors Federation (KFEF), has demanded a share of 50% of the collection of first week of new releases, as against the present share of 40%.The screen owners demand parity with multiplex chains like PVR, Cinemax etc, that are given 50% share.The Exhibitors...

Arunachal Judgment- A Critique

The judgment of the Supreme Court in Nabam Rabia Vs Deputy Speaker (“the Arunachal judgment”), seeks to give new color and content to the provisions of Article 179(c) of the Constitution. The present article argues that novel interpretation given by the Apex Court to Article 179(c) has, in effect, virtually rendered the provisions of Tenth Schedule nugatory.Arunachal Pradesh had plunged into a constitutional crisis in December 2016 when competing political groups within the Congress party,...

What To Expect When Expecting Maharashtra Real Estate Rules

In a bid to create more consumer friendly, transparent and accountable real estate sector, Real Estate (Regulation and Development) Act, 2016 (“Act”) was passed by the central government. The deadline for the state government to implement provisions of the Act was October 31st 2016.Some states and union territories were able to adhere to the stipulated deadlines. However major players in the real estate sector viz. Karnataka and Maharashtra have missed the deadline. After a long wait Housing...

Expanding Role of Management Professionals, Chartered Accountants, Company Secretaries, Cost Accountants and Advocates under the regime of the Insolvency and Bankruptcy Code, 2016

IntroductionThe Insolvency and Bankruptcy Code, 2016 ("Code") has been introduced with the primary objective of increasing lender's confidence and facilitating expansion of the credit market in India. As has been stated in the objects clause, the objective of this new law is to promote entrepreneurship, availability of credit, and balance the interests of all stakeholders by consolidating and amending the laws relating to reorganization and insolvency resolution of corporate persons, partnership...

Legal Journey Of National Anthem And The Spectacles Of ‘Constitutional Patriotism’

 “A judge should not perceive a situation in a generalised manner. He ought not to wear a pair of spectacles so that he can see what he intends to see” so said Justice Dipak Misra while speaking for the Supreme Court, when it set aside an Allahabad High Court ‘interim order’ which issued ‘sweeping’ directions to reform police investigation mechanism in the state.This was by the bench comprising Justice Dipak Misra and Justice Amitava Roy on 29th of November. The very next day, i.e. on 30th...

Copyright Law, Balance, And The Expression Of Non-Partisanship

The Indian copyright statute has, from the time of its earliest avatar in 1847, been a balancing act in and of itself. While it ostensibly articulates an author’s right, the right has always been suspiciously amenable to being exploited by commercial, if not corporate, interests acting in ways that do not necessarily align with the best interest of authors (which inequity, in no small measure, was the impetus for the passing of the 2012 amendment to the Indian Copyright Act, 1957, which governs...

Review of UA(P)A Cases in Kerala-Some Reflections.

“It is no doubt true that the duties of the criminal justice system are to bring the culprit to book and to punish him, but it is very often noticed that both the wings of the justice delivery system, namely, police and the Courts are used as instruments by unscrupulous persons and false and concocted cases are instituted to wreck personal vengeance”. --C.l. Sagar (Advocate) vs. MS. Mayawati, and Anr. [Allahabad HC]The Kerala State Police Chief in his recent press brief has expressed that the...

National Anthem Order: Testing On The Parameters Of Judicial Ethics, Judicial Process & Indian Constitutional Principles

The order of the Supreme Court in Shyam Narayan Chouksey v. Union of India (popularly being referred as the “National Anthem Order”) has been a topic of continuous debate. Some opinions being expressed are so critically strong that it has even started a debate between stalwarts of Indian academia. In its 5-page order, the Division Bench of the Supreme Court, comprising Justices Dipak Misra and Amitava Roy, had made it mandatory for all cinema theatres to play the national anthem before a movie...

Demonetised Currency As Evidence – Problems At Judicial Frontiers

Demonetization of 500 and 1000 Rupee notes apart from creating a political furore also raises legal questions of practical importance. It is not my intention to delve into the constitutionality or legality of the governmental policy but highlight the absence of guidelines for the judiciary in handling the demonetized notes as part of evidence. This has caused difficulties for the lower judiciary in many cases, especially the Special Courts established under the Prevention of Corruption Act, 1988...