Articles
Collegium: Not the fault inherent; but corrective
There are as many criticisms against the method of Judge’s appointment and critics are mainly on attacking the foundation of so called ‘judge made system” of judge’s appointment. But the present system of collegium is not mooted by the Judges, but the Law Commission as per its 80th report submitted on 10-08-1979, suggested the system to improve the then selection process of Judges. Renowned Jurist and former Chairman of Law Commission Justice H R Khanna has a major role in recommending the...
Collegium Wapsi & the journey from Assembly debates to 4th Judges Case – A Sketch
“Let judges also remember that Solomon’s throne was supported by lions on both sides: Let them be lions, but yet lions under the throne; being circumspect that they do not check or oppose any points of sovereignty”Francis Bacon, ‘Of Judicature’BackgroundIn a path breaking judgment stretching to over 1000 pages, a Constitution Bench of the Supreme Court comprising of 5 judges (all of whom have penned words in sequence of seniority) in SCAORA v UOI (4th Judges Case) with a majority of 4:1 declared...
Unfair Contract Terms: The Consumer Protection Bill, 2015
A significant reform in our law is in sight with the introduction of the Consumer Protection Bill, 2015, a bill, to replace the Consumer Protection Act, 1986. One of the major initiatives is the proposed reprieve to the consumer from unfair contract terms. Contracts are voluntarily formed and the parties are free to set the terms. The court’s role is limited to interpreting the terms set by the parties. The courts were committed and bound to this freedom of contract. However, as the economy and...
Exercise of Inherent Powers sans Responsibility
The Criminal Procedure Code, 1973 makes a distinction between compoundable and non-compoundable offences (Section 320 of CrPC). Compoundable offences are of a less serious nature than non-compoundable. The offences have been classified in accordance with public policy. The offences which are non-compoundable may be compounded if the Supreme Court and High Court exercise their powers under Article 142 of the Constitution of India and Section 482 of CrPC respectively. These powers differ in their...
A Decade of Right to Information Act in India: Reflections and Perspectives for Good Governance
“From being always overpowered, he actually felt powerful.” -Mr. Shailesh GandhiIntroductionIn the backdrop of slogans like “Hamara paisa, Hamara hisab” and “Ham Janenge, Ham Jiyenge”, Mazdoor Kisan Shakti Sangathan (Association for the Empowerment of Workers and Peasants), a People`s Organisation undertook the bold initiative to arouse the common people about their right to seek information which eventually led...
Rights of Sexual Minorities – A wake up call !
“Justice is the end of Government. It is the end of Government. It is the end of the civil society. It ever has been & ever will be pursued, until it be obtained or until liberty be lost in the pursuit.”(Federalist No. 51) James MadisonIn a landmark judgment in Shivani Bhat v State of NCT of Delhi [W.P Crl 2133/15] a single judge bench of Delhi High Court disposed off a petition preferred by a transgender observing that she must not be subjected to any harassment by state and be allowed to...
RTI Act Amended
I still remember the excitement many of us felt on 12 October 2005, - which was Vijayadashmi,- as the RTI Act became effective. The nation has taken it up with great enthusiasm and over 20 million applications are likely to have been filed in the ten years since. As we celebrate ten years of this landmark event, I would like to draw attention to one apparent amendment which will significantly constrict RTI.RTI has given citizens empowerment to monitor their government and get accountability....
The Rule of Law and Human Rights in India
I am privileged to be given this opportunity to present the Second H.R. Khanna Memorial Lecture.I remember the days of Emergency when we, the public, were very unaware of what was happening as there was total censorship of newspapers.During the height of emergency, the people of the country were wholly unaware of what was happening in regard to the challenges which would have an impact upon the future of the country. During these times, I myself had appeared in various political detention...
The Lethal Trojan in Indian Penal Code; Sec 307-Part-II
Justice Kurian Joseph opened the judgment in Sunil Damodar Gaikwad [2014] by witting - “Death and if not life, death or life, life and if not death, is the swinging progression of the criminal jurisprudence in India as far as capital punishment is concerned.” Our statute books though resistantly, provide death for social, political and economic crimes. Interestingly, two diametrically opposite views have been witnessed recently in this context. The 262nd Law Commission of India Report...
Prem Mardi vs Union of India :- Did the Court fail the tribes and adivasis?
“It is the duty of all people who love our country to see that no harm is done to the Scheduled Tribes and that they are given all help to bring them up in economic and social status, since they have been victimized for thousands of years by terrible oppression and atrocities. The mentality of our country towards the tribal’s must change, and they must be given respect they deserve as the original inhabitants of India” – Supreme Court of India, in Kailas vs State of Maharashtra (2011) 1 SCC...
Law Immune “Rapists”: The Bitter Legal Truth of the Immunity of Diplomatic Community
This article tries to unknot the legal questions involved in the recent alleged continued Gangrape in Gurgaon by the Saudi Diplomat, his Friends and Guests of two Nepalese Women for months and the Sanctity of the Diplomatic ImmunityIntroductionEver since the “Nirbhaya” gangrape tragedy in Delhi, the word “gangrape” is capable of arousing extreme passions, at least, in and around national capital region. When the same is reported to have been committed by the people, who are not only privileged...
5 Simple-Steps to Filing and Obtaining Trademarks in India
With Government of India announcing Trademark Agent Examination – 2015, there is a renewed interest among law students and young graduates to know about filing, prosecuting and registering Trademarks in India. Being IPR Faculty to Indian Academy of Law and Management (“IALM”), I explain easy steps on how one can file and protect marks in India.Good news is that you need not be a lawyer or trademark agent to learn this, and that all the following steps can be done online.STEP 1: GATHER...