Articles
1973 April 26- The Saddest Day In The History Of Our Free Institution
This was the title to a Joint Statement issued by eminent members of the Bar and former members of the Bench.[2] On 26th April 1973—half a century ago today—is the only day in the history of the Supreme Court that the Bar struck and called the action of the Government "a blatant and outrageous attempt at undermining the independence and impartiality of the judiciary."[3]. It was the day Chief Justice A.N. Ray took over as Chief Justice of India—superseding three senior Justices. The outrage was...
‘Surveillance State’ Under Draft Telecommunication Bill, 2022.
Recently, in the month of September, the Ministry of Communication proposed a sunset period for obsolete telecommunication rules by releasing the new draft Telecommunication Bill, 2022. The bill seeks to enable a future-ready framework for the telecommunication sector and stay attuned to the realities of the 21st century. It also aims to upgrade the current regulatory framework in light of the sector’s advancements and challenges by consolidating three obsolete acts, namely, the Indian Wireless...
Shaping A New Era: Overhauling India's Antitrust Landscape With The Competition (Amendment) Bill, 2022
On April 3, 2023, the Rajya Sabha approved the Competition (Amendment) Bill, 2022, which is aimed at modernizing the existing anti-trust law that has been in place for two decades, in order to align it with the evolving economic landscape. The Bill was initially presented to Parliament in August 2022 and was subsequently referred to the Standing Committee on Finance for evaluation. The committee submitted its report in December 2022, following which the Bill was reintroduced with certain...
Golden Jubilee Of Kesavananda Bharati: Celebration And Introspection
This April 24th marks the 50th anniversary of the Kesavananda Bharati judgment which expounded the basic structure doctrine. It is the most celebrated constitutional case of the country. The full court of 13 judges, the largest bench ever-Chief Justice S. M. Sikri and Justices J. M. Shelat, K. S. Hegde, A. N. Grover, A.N. Ray, P. Jaganmohan Reddy, D. G. Palekar, H. R. Khanna, K. K. Mathew, M. H. Beg, S. N. Dwivedi, A. K. Mukherjea, Y. V. Chandrachud -sat and heard the case for the longest period...
Master Of Roster Or Judicial Superiority?
The concept of the Master of Roster permits categorization of subject-matters by Chief Justice of India and Chief Justices of High Courts , but unfrotunately this sui generis power is not excersised fairly by few a Chief Justices of High Courts. The system of ‘Master of Roster’ is prevalent in Supreme Court and High Courts for bench allocation. As per the system of ‘Master of Roster’, the Chief Justice of India or Chief Justice of a High Court ...
SARFAESI Act, 2002, Insertion Of Section 17 (4A) By Way Of Amendment Act Of 2016 & Its Implication On Rights Of Tenant Under Tenancy Law
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002 ( in short“SARFAESI”) was enacted to strengthen the Indian banking system by way of efficient or rapid recovery of non-performing assets of the banks and financial institutions which allows banks and financial institutions to auction properties when borrower fail to repay their loans. This legislation were primarily enacted to facilitate recovery of defaulting loans at reasonable...
Applicability Of Section 10A, IBC To Part Default During Suspension Period ;An Analysis
On 5 June, 2020, the Government of India introduced Section 10A to the Insolvency and Bankruptcy Code, 2016 by the way of an ordinance which barred filing of any application for initiation of CIRP for default occuring during a certain period. The rationale behind the insertion of this section was to prevent the interests of corporate debtors who suffered economic crisis due to the national wide lockdown imposed in view of COVID-19. While introduction of this provision was a necessary...
Examining The Power Of The Consumer Commissions To Issue A Commission For Expert Opinion
As per Section 38(9)(e) of the Consumer Protection, 2019, corresponding to Section 13(4)(v) of the erstwhile Act of 1986, a District Commission has the same power vested in a Civil Court, under the Civil Procedure Code, 1908, for issuance of a Commission. This provision specifically deals with the power to issue a commission for examination of any witness or any document. The Act however, is silent on whether a District Commission has the competency to issue a commission for local inspection or...
K G Kannabiran: The Practitioner of Insurgent Constitutionalism | Book Review Of 'The Speaking Constitution'
The character of the Indian state and politics has transformed drastically over the last few years. Mob lynchings, hate speech against minorities, criminalisation of dissent, weaponisation of extant laws against critics, and evisceration of civil liberties, among others, have largely come to constitute the everydayness of India. This transformation, notes Madhav Khosla and Milan Vaishnav in The Three Faces of The Indian State (2021), manifests "the ethnic state, the absolute state, and the...
Future Of Property Mortgages On Forest Land
In the event that a bank or financial institution grants a loan to an individual or entity, it is essential that the institution takes appropriate measures to ensure that its "security interest" is protected. In addition to evaluating the creditworthiness of the borrower, securing the "security interest" is the most significant factor to consider when evaluating a loan application. "Security interest" refers to the debtor's right to allow the creditor to have recourse to the debtor's property if...
When Neutrality Masks Inequality
Reflection on the current discourse surrounding feminist interpretations attached with the Indian constitution proffers an inkling of cherry-picking aspects on which feminist analysis can even be placed on, constitutional concepts like fundamental rights are often viewed from the feminist lens, which lends an important but often redundant insight into the mechanisms of these fundamental rights in isolation as well as in regard to the society. This article posits a feminist understanding to...