Remembering Fali S Nariman: A Noble and Brilliant Jurist

I remain deeply saddened to learn about the demise of Fali S Nariman, a towering figure in the legal fraternity and a champion of constitutional and human values. He passed away at the age of 95, leaving behind a legacy of remarkable achievements and a profound impact on the country's judicial system.Fali S Nariman was a jurist par excellence, a senior advocate of the Supreme Court since 1971, and a former President of the Bar Association of India from 1991 to 2010. He was honoured with the...

Some Reflections In The Wake Of 'Jail Is The Rule, Not Bail' Law

The recent judgment of the Supreme Court in Gurwinder Singh vs. State of Punjab[1] holds the view that 'jail is the rule and bail is the exception', in Unlawful Activities (Prevention) Act, 1967 (UAPA) cases . The court observes: “18. The conventional idea in bail jurisprudence vis-à-vis ordinary penal offences that the discretion of Courts must tilt in favour of the oft-quoted phrase - 'bail is the rule, jail is the exception' - unless circumstances justify otherwise - ...

Use Of Unrelied Documents During Framing Of Charge: Time To Revisit State Of Orissa Vs Debendra Nath Padhi

The right to fair trial is at the heart of the principle of Rule of Law in India . The concept of Rule of Law is identified as part of the basic structure of the Constitution of India. The Supreme Court of India has expanded the horizons of the right to fair trial by giving purposive interpretation to Article 21 of the Constitution. A very recent addition in 2021 in this journey is incorporation of the disclosure requirements in the guidelines issued by the Supreme Court with respect to...

A Fillip To Democracy : Supreme Court's Electoral Bonds Case Verdict

On Thursday(February 15), the Supreme Court of India gave a much needed fillip to our democracy. Through a unanimous verdict of five judges, in Association for Democratic Reforms v. Union of India (with opinions written by Chief Justice DY Chandrachud for himself and three others and by Justice Sanjiv Khanna for himself), the Court affirmed the central idea that our freedom to vote with full information is inherent to our right to political equality. In so declaring, the court ruled as...

Anti-Arbitration Injunctions: Stepping Towards Uniform Jurisprudence

Recently, the Delhi High Court issued an anti-arbitration injunction (AAIs) with respect to arbitration proceedings before the Permanent Court of Arbitration, The Hague, in the case of Techfab International Private Limited v. Midima Holdings Limited citing the lack of party consent as a bar to the jurisdiction of the arbitral institution. AAIs have long been a subject of controversy with scholars and practitioners labelling it as infringement upon the tribunal's right to decide its own...

Censorship Or Modernization? India's Broadcasting Bill 2023

The Ministry of Information and Broadcasting ("MIB") on November 10, 2023, issued the draft Broadcasting Services (Regulation) Bill, 2023 (the "Bill") to receive feedback from public and/or the concerned stakeholders. The Bill certainly attempts to consolidate the existing regulatory laws and regulations that apply across the broadcasting industry in India into a single legislative framework, replacing the nearly three-decade-old Cable Television Networks...

Is The Consent Of A Minor Victim Of Rape Required For DNA Testing Of Products Of Conception (PoC) Or Of The Baby Born As A Result Of The Assault?

The article deals with consent requirements for a DNA test of a child or products of conception (PoC)[1] of a minor victim of rape in two situations - a. As part of medical examination for offences under the POCSO Act and rape and b. As part of declaration of a surrendered child legally free of adoption under the Adoption Regulations, 2022, by the Child Welfare Committee. Relevant Legal Framework Requirement of Consent The procedure for medical examination of a victim of rape...

Artificial Intelligence: India Lacks Clear IP Laws Around AI Results

With recent advancements in artificial intelligence technologies, such as ChatGPT, the days of searching several results on Google for a single inquiry are long gone. Instead, material tailored to the user's query is now provided. OpenAI created the ChatGPT AI model, which is intended for conversational exchanges. It can produce content, respond to inquiries, provide clarifications, and have interactive text-based discussions on a variety of topics. With the launch of ChatGPT, the debate...

Paternalistic Approach Of Family Law Towards Woman

The subject of religion-based personal legislation in India is a complex and multifaceted one, encompassing various aspects such as secularism, modernism, national cohesion, communal identity, religious liberty, and the principle of equality. India's legal framework operates under the umbrella of legal pluralism, commonly referred to as a personal law system. In this system, distinct religious communities, including Hindus, Muslims, Christians, Jews, and Parsis, are governed by their...

Unilateral Appointment Of Arbitrators: Whether Sustainable In Law?

Unlike an ordinary court proceeding, arbitration requires parties to choose their own decision maker/the arbitrator. This is the crux of arbitration and no procedure can vitiate this very essence of arbitration. In fact, the most fatal blow that an Award can receive is the fact that it is passed by an arbitrator who was appointed without the consent of both the parties. In such a case, the various courts have observed that the arbitrator is seized of his jurisdiction and this is why the...

Need Of A Case Management System In The Supreme Court

Recently, the Supreme Court had stopped the practice of letter circulation by lawyers and today, the Court has come out with a new standard procedure of permitting the circulation, subject to certain conditions.The 'Letter Circulation' in the Supreme Court is nothing but a simple letter addressed to the Registrar of the Court, seeking adjournment, The practice has been there for decades, integral to Supreme Court practice procedure. A format of letter circulation runs as follows: “03rd May,...

Life Imprisonment Quandaries: Legal Perspectives And Sentencing Complexity

During the pronouncement of capital punishment in a criminal trial, a scenario may emerge where the court determines that the imposed sentence could be overly severe and harsh However in such cases, a sentence of life imprisonment, even with the possibility of remission that typically amounts to a 14-year term, might be deemed disproportionately insufficient. What then should the Court do? Let's analyse the issue through statutory interpretation and judicial precedents.Life imprisonment ...