The Election Commission Bill, 2023: The Way Far Away From Independence

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 (the Bill) was introduced unexpectedly in Rajya Sabha in the last days of the monsoon session of the Parliament. From the Statement of Objects and Reasons of the Bill, it can be understood that the Bill aimed to replace the selection committee for the appointment of Chief Election Commissioner (CEC) and Election Commissioners (ECs) temporarily constituted by...

Sequestering Digital Autonomy: How New Data Protection Act Affects Digital Accessibility

The much-awaited Digital Personal Data Protection Act, 2023 (DPDP Act, 2023) is reflective of the indispensable mechanism required to ensure the digital autonomy of the users at a time when India becomes the second country with the highest number of internet users (692 million). However, whether digital autonomy is available to everyone equally is the question to reckon with. Digital accessibility has become one of the primal issues while discussing the digital autonomy of the...

Impleadment Of Unnecessary Parties In Consumer Disputes: Akin To The Principles Of CPC?

Consumer disputes are an inherent part of the modern marketplace, and as e-commerce has grown in popularity, they have become even more common. The Consumer Protection Act, 2019 a social welfare legislation in India, deals with protecting consumer rights. The objective of the Act is to protect the interests of the consumers and for timely settlement of disputes so as to safeguard the rights of consumers, such as the right to be protected from the marketing of goods, the right to ...

Pornography v. Mother’s Cooking: A Rather Forced Match

Kerala High Court, in a judgment delivered on Teachers’ Day, on 5th September, while deciding the legal question of whether a person watching a pornographic video in his private time constitutes an offence, launched into a lecture on good parenting in the following words:“9. But before parting with this case, I must remind the parents of minor children in our country. Watching pornography may not be an offence. But if minor children start to watch porn videos, which are now accessible in all...

India's Conflict Resolution Landscape: Exploring Mediation Vis-à-Vis Restorative Justice

In the steadily evolving landscape of dispute resolution, India has witnessed a noticeable surge in Alternative Dispute Resolution (ADR) mechanisms, including mediation, arbitration and Lok Adalats. ADR techniques operate outside the litigation process and can be employed to resolve various types of disputes, contingent upon the mutual consent of the parties. Recent statistics, renewed funding initiatives, and the introduction of a progressive Mediation Act, 2023 all underscore the...

Arbitration Award And Stamp Duty Paid On It

Award of an Arbitrator is an instrument chargeable with duty as per section 3 of the Indian Stamp Act, 1899. There is no exemption for any Award. Is any duty payable on an Award dismissing a claim? If any duty is payable on such an Award, what is the rate at which it is payable? If no duty is payable, even when the property involved in the dispute is valued at hundreds of crores of rupees, will it make sense? These questions led to the present study (with particularly reference to the...

Un-naming India: Unsettling the Firmly Established Identity

Sudden Emergence of a Needless Controversy Lately an unwarranted contestation concerning the name ‘India’ has been whipped up out of nothing. A deliberate effort appears to be underway to create a political binary between India and Bharat. Expectedly, the social atmospherics are now abuzz with conflicting, polarizing views characterized by acute ignorance and distortions. As a large mass of the public on either side of the political divide reacts bitterly on this emotive issue,...

Women's Reservation & Our Founding Mothers: Reflections On Constituent Assembly Debates

The Centre’s introduction of the Constitution (One Hundred and Twenty Eighth Amendment) Bill, 2023, otherwise known as the Women’s Reservation Bill, has created a buzz in all sectors by proposing to reserve one-third seats for women in the Lok Sabha, the State Legislatures, and the Delhi Legislative Assembly. This Bill, which is expected to raise the political representation of women, once the law comes into force, was the first to be tabled for consideration after the shifting to the new...

Evaluating Chhattisgarh’s Policy On Candidates With Pending Charges: Addressing Violence Against Women Or Raising Questions Of Justice?

On the 11th of September, 2023, the Government of Chhattisgarh issued an Order vide. 1-1/2017/1-3[1] under the Chhattisgarh Civil Services (General Conditions of Service) Rule, 1961. This order bars such candidates for appointment in Government services who are facing the charges of certain provisions of the Indian Penal Code, 1860, pertaining to offences against women, or if they are facing any charges under the Protection of Children Against Sexual Offences (POCSO) Act, 2012, while such...

New Inter Services Law For The Military In India: Action In Haste

The successful passage of Inter-Services Organizations (Command, Control and Discipline) Bill, 2023 by the Parliament is projected a major statutory step to make the theatre commands effective[1]. The law would apply to the above category of military formations. Tri service establishments have been part of the military for long. National Defence Academy, Defence Services Staff College, College of Defence Management and National Defence College exist in the training domain. Logistical ...

On The Verdict In “Srinivasulu”— A Recently Reported Corruption Case

It was only now that I chanced to browse through the Judgment dated 15-06-2023 rendered by the Supreme Court of India in A. Srinivasulu v. The State represented by the Inspector of Police, CBI (Criminal Appeal No: 2417/ 2010) and authored by Justice V. Ramasubramanian. It is a well written judgment. The primary facts leading to the prosecution of the accused in the case have been meticulously stated. 2. After reading the well-reasoned judgment I am penning...

Landmark Decisions, Invaluable Contributions – Revisiting Ram Jethmalani’s Legal Journey

As we commemorate another year of Ram Jethmalani’s birth anniversary, we are reminded of the sheer presence and stature he brought to each case he argued – irrespective of the client he represented, the area of law the case concerned itself with, or any other extraneous factor. For him, his duty to the court was always paramount, and his allegiance to his client’s cause was undeterred. As this year zooms past with each passing day, the Indian judiciary has seen judicial developments that...