Arbitration: A Missing Link

If the taxonomy(a hierarchical system used for classifying organisms into species)is applied in the legal field, we can classify different departments of law into family. There are eight ranks in taxonomy; family is one of such ranks which is classified between order and genus. In that situation, we may classify ‘Dispute Resolution Process’or‘Justice Delivery System’into a family If judicial process is a family, then adversarial system qualifies to be genus of the ‘Justice Delivery System’. Then...

A Tribute To MN Krishnamani

Mr. M.N. Krishnamani, Senior Advocate, Padmashree awardee left for his heavenly abode this morning at Bangalore. Mr. Krishnamani was a very eminent senior advocate practicing in the Supreme Court. He was elected as President of the Supreme Court Bar Association (SCBA) on four occasions. In fact, I was President of SCBA for six occasions but on none of these occasions Mr. Krishnamani contested. In fact, he supported me and whenever he contested I did not contest for the post of President of...

Triple Talaq Is Only The Tip Of The Ice-Berg Of Discriminatory Family Laws

The recent Allahabad High Court’s observation that has (yet again) declared that triple talaq has no constitutional validity has failed to make a lasting impact on public for two reasons. Firstly, that the Shamim Ara case of 2002 had already established that, and secondly, that once again the High Court passed the buck to the Supreme Court where Shayara Bano’s case remains pending still. Amidst this institutional passing-the-parcel between the Courts to the government, government to the Law...

The Supreme Court Needs To Reconsider Its Judgment In The Sahara-Birla Case

The first principle of natural justice consists of the rule against bias based on three maxims: First, ‘no man shall be a judge in his own cause’; second, ‘justice should not only be done but manifestly and undoubtedly be seen to be done’; and third, ‘judges, like Caesar’s wife, should be above suspicion’.The Supreme Court of India can truly take pride in taking judicial review of administrative actions to great heights. But do judges themselves follow the law they declare? The answer appears to...

Last FDI Reform In Defence Sector: The Real Implications

AbstractSale of thirty-six Rafale fighter jets by DASSAULT Aviation, offer of three new Scorpène submarines formulated by the shipbuilder company DCNS… The year 2016 was marked in India by negotiations in defence sector by the Government of India withFrance, one of its maintrading partner. In addition to these bargains, the liberalization of foreign direct investment in most of the economic sectors has influenced the defence sector, which is expected to strengthen the confidence of foreign...

‘Security Cheques’ And The Surrounding Anomaly: The Negotiable Instruments Act, 1881

INTRODUCTION:Section 6 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the N.I. Act) defines a cheque as a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand and it includes the electronic image of a truncated cheque and a cheque in the electronic form. It is important to bear in mind that all cheques are bills of exchange, but all bills of exchange are not cheques. It is a settled law that a cheque does not become invalid...

Over 40% Vacancies In High Courts Causing Denial Of Justice

“25. Backlog in courts has become a national problem. The adjudicatory process is being blamed for not equalling itself to the challenge of the times. There is a general complaint that the judicial system is on the verge of collapse. It is, therefore, the obligation of the constitutional process to keep the system appropriately manned. We have found no justification for the sluggish move in such an important matter.”These words of the Supreme Court are as relevant today as these were over 25...

SC On Sikh Jokes- Laughing Out Of Despair

The controversy over jokes on Sikhs is coming to an abrupt end after the Supreme Court declined to interfere in the matter as it may amount to moral policing. During the initial hearing, the Court had itself said that one should learn from Kushwant Singh, who despite being a Sardar himself, popularised Santa Banta jokes to the world.  While proponents of free speech rejoice, it is important to look into the misuse of PILs, the nature of individual justice, limitations of the Supreme Court, the...

India Needs To Debate About Law On Adultery

The recent discussions on the need for a Uniform Civil Code in India and to scrap the triple talaq system amongst Muslims have generated much heat. The government says that it is serious about gender discrimination.This makes me think that the time is ripe to attract attention of the nation on another plainly discriminatory law, one that cuts gender discrimination both ways. Let me explain. We are talking about the law on adultery in India.Adultery generally means voluntary sexual intercourse...

The Bar Council’s Recent Fee Hike Is A Set Back For Inclusive Legal Profession

Law has an important role to play in the transformation of our society. Lawyers and the judiciary are often at the forefront of leading change. It is important that the legal profession is diverse and inclusive - not only to enable a diverse population access their rights, but also for having varied on-ground perspectives for judicial pronouncements.The Bar Council of India (BCI) is tasked with the oversight of this important profession. Recently, through a letter dated 28 January 2017, the BCI...

Beyond The Law : A Take On Two Recent Judicial Orders

Jesus Christ was made to stand with thieves by a court of law. Socrates was sentenced by a court of law to drink a cup of poison for being the most truthful person in his country. Galileo was punished by a court of law to refuse to believe myths from what he learnt from his experiments. Slavery was once legal and courts of law punished for it. Last Mughal king, Bahadur Shah Zafar was prosecuted, punished and transported by order of a court of law not considering that he was a sovereign. Tilak...

Tales On Disqualification Of Elected Representatives For Government Contracts And The Corporate Camouflage

PROLOGUEElections are believed to be manifestations of public conscience and a forerunner to the much hyped method of governance- Democracy.But then those obvious questions pop in: When do these elections get insulated with public manifestations and establish the actual will of the people? Is it when the public do so lately misguided in the selection of their representative by covering-up the quality of the candidate who contest in elections and allowing him to rule the country eventually?Or is...