All Indian Judicial Service: Serving With Purpose Or Problems?

Recently, CJI Chandrachud endorsed the proposal for a nation-level judicial recruitment system, seeking to centralize the recruitment process for the judiciary by replacing state-based selections with a unified, countrywide mechanism. This comes after President Draupadi Murmu, in a similar move, had called for an All-India Judicial Service (AIJS) in her inaugural address at the Supreme Court's Constitution Day celebration. While the proposal reflects potential in resolving several...

Critical Analysis Of The Banking Laws (Amendment) Bill, 2024

Recently, the Ministry of Finance proposed the Banking Laws (Amendment) Bill, 2024 in the Parliament. The bill seeks to amend the Reserve Bank of India Act, 1934, the Banking Regulation Act, 1949, the State Bank of India Act, 1955, and the Banking Companies (Acquisition and Transfer of Undertakings) Acts of 1970 and 1980 to enhance the regulatory framework for the banking structure in India.[1] Salient Amendments And Its Implications The bill amends the explanatory procedural...

Cloaked In Paternalism: The Unconstitutional Reach Of The UP Anti-Conversion Act

The Uttar Pradesh assembly recently passed some key amendments to the already contentious Uttar Pradesh Prohibition of Unlawful Conversion of ReligionAct, 2021. [UP Anti-Conversion Law] The recent amendments seek to increase the already unreasonable imprisonment terms provided for in the Act. However, the most alarming feature unveiled is the classification of all offences under the act as non-bailable & cognizable, bringing the law at an equal footing with the bail denying...

Significant Amendments Under The Foreign Exchange (Compounding Proceedings), Rules

Under the Foreign Exchange Management Act (FEMA), 1999, when a person using foreign exchange does not comply with the provisions of “FEMA” he commits a contravention. Contravention means a non-compliance of provisions of the act and it includes rules/ regulations/ notification/ orders/ directions/ circulars issued under the act.[1] The term compounding is a voluntary act through which a person admits to such contravention and seeks redressal for the same. The Reserve Bank is empowered...

The Privacy Shortfall: Revisiting The Youth Bar Guidelines

The case of the Youth Bar Association of India is a landmark judgement, providing guidelines on uploading each First Information Report (“FIR”) online, registered in the territory of India, making these 'public documents'[1] more accessible to the public at large. Since then, the police officials seem to have been abiding by the directions of the Apex Court in this regard. Until recently when there surfaced news stating that 'several police stations in Chandigarh have not been ...

Contradiction” Under Section 145 Of The Evidence Act (Section 148 Of BSA) And Under The Proviso To Section 162 (1) Cr.P.C. (Section 181 (1) Of BNSS)

C O N T E N T SI N N E R T I T L E SParaNo.INTRODUCTION 1SECTION 145 OF THE EVIDENCE ACT.2IMPEACHING THE CREDIT OF A WITNESS3 “CONTRADICTION” AS GENERALLY UNDERSTOOD 5 “CONTRADICTION” AS ENVISAGED BY THE PROVISO TO SECTION 162 (1) Cr.P.C. AND THE LATTER LIMB OF SECTION 145 OF THE EVIDENCE ACT.6“OMISSION” EXPLAINED IN TAHSILDAR SINGH'S CASE 6 propositions laid down in Tahsildar Singh Illustration 1 Illustration 2 Illustration 3 Illustration 4779999THE DIRECT...

Notice To Accused: Section 41A CrPC Versus Section 160 CrPC

Whenever a crime is reported and an FIR is lodged, the starting point for an Investigating officer commencing the investigation would be to proceed to the place of occurrence, make an inquiry, ascertain the facts, and examine witnesses. Section 160, Chapter XII CrPC (Now, section 179 BNSS) empowers the police officer to require the attendance before himself of any person who appears to be acquainted with the facts and circumstances of the case and where such order is passed...

S.G. Sundaraswamy- A Doyen And A Paragon

Shri S.G. Sundaraswamy was one of the most eminent lawyers and a former Advocate General of the State of Karnataka, then known as Mysore. I had the fortune to be his junior. This September 22 marks his birth centenary. It is appropriate to recall and celebrate his life and work which were quiet and unobtrusive but exemplary. He belongs to the galaxy of the old world that is becoming increasingly rare.It is my melancholy duty and privilege as perhaps the last of his juniors to remember and pay...

Whether Reasons Recorded By CBI To Arrest Kejriwal Met Legal Standards? A Critique Of Justice Surya Kant's Judgment

The Supreme Court's two-judge bench agreed that Delhi CM Arvind Kejriwal should be granted bail in the CBI's 'Liquor Policy Scam' case but framed separate opinions regarding the arrest's validity though upholding the same. Justice Surya Kant upheld the arrest, noting the CBI met procedural requirements under the Code of Criminal Procedure (Cr.P.C.). In contrast, Justice Ujjal Bhuyan questioned the timing of the arrest and supported Dr. Singhvi's (Kejriwal's counsel) view that the CBI's action...

Killer Acquisitions: A New Frontier For The CCI?

In an interesting development, the Ministry of Corporate Affairs (“MCA”) recently hinted at the possibility of incorporating specific provisions in the proposed Digital Competition Bill, 2024 (“2024 Bill”) to bring 'killer acquisitions' within the regulatory domain of the Competition Commission of India (“CCI”).[1] The proposal if materialized, would make India one of the few jurisdictions that has taken a proactive step in addressing an issue that has plagued regulators worldwide. ...

Implications Of Bhartiya Sakshya Adhiniyam On Digital Evidence In Ongoing Trials

A Delhi Court has issued directives to the Delhi Police to ensure adherence with the new legislation governing the submission of digital evidence. Additional Sessions Judge Sh. Pulastaya Parmachala, while delivering an order in the 2020 Delhi riots case, noted that despite the repeal of the Indian Evidence Act, 1872, certificates for validating the authenticity of digital evidence were still being submitted under the now-defunct Section 65B of the 1872 Act. In the present case, the...

Eligibility Of Suspended Director To Submit A Resolution Plan: Revisiting Hari Babu Thota

Section 29A of the Insolvency and Bankruptcy Code, 2016 (“IBC”), excludes certain classes of persons from submitting a resolution plan in the Corporate Insolvency Resolution Process (“CIRP”) of a Corporate Debtor (“CD”). This includes the promoter or suspended director of a CD[1] among others. The objective of this provision is to inter alia eliminate the risk of an unsuitable person such as a defaulting promoter from submitting a resolution plan and returning to the management of the CD...