Articles
Jhuggi Demolitions : How Actions Of Authorities Go Against The Legislative Intent
For the last several weeks Delhi has been witnessing a large-scale eviction of the jhuggi dwellers ahead of an international event in the capital. The eviction drive has rendered hundreds of children, women and old people homeless and thrown into the streets during this scorching summer. Arbitrary jhuggi demolitions are not new in the country, especially in the capital. But the ongoing drive is unprecedented and more surprisingly, it is happening when Delhi has a comprehensive policy for the...
The Saga Of Money Bill Controversies In India
Chief Justice DY Chandrachud recently made an oral remark on the constitution of a 7 judge bench for considering the money bill issue. Its formation is due to the reference made by the constitution bench in Roger Mathew v. South Indian Bank[1] on the interpretation of Article 110(1) of the Constitution of India. The correctness of the majority judgment in Aadhaar case[2] on this point was also doubted by the Court. Thereafter in the PMLA case,[3] the question left open for the...
Intestate’s Husband And Intestate’s Wife
Since the Hindu Succession Act, 1956 or the Indian Succession Act, 1925 do not contain the definition of the terms ‘widow’ and ‘widower’, the dictionary meaning of the said terms to be taken into consideration. According to Merriam Webster dictionary the meaning of ‘widow’ is a woman who has lost her spouse or partner by death and usually has not remarried and the meaning of ‘widower’ is a man who has lost his spouse or partner by death and usually has not remarried. The Hindu Succession...
Soliciting And Advertising By Lawyers
In January 2023, the Supreme Court Advocates-on-Record of India (SCAORA) took notice of an issue involving Forbes India Magazine's publication of a "Legal Powerlist" featuring the top 25 Advocates on Record in India. Following a complaint, the SCAORA unanimously passed a resolution condemning the list and calling for its removal, as lawyers are prohibited from soliciting or advertising their work. Presently, Indian legislation prohibits lawyers from engaging in any form of advertising....
Incorporating Environment, Social And Governance Norms Into Indian Corporations
Environment, Social and Governance (ESG) norms are a set of standards that provide a framework for the company’s operations to have more accountability and transparency and ensures that the operations follow better governance, environmentally friendly measure and social responsibility. Concerning the Environment, it mainly deals with potential climate risks, carbon footprints, deforestation etc. Social deals with how the companies are dealing with the stakeholders, and employees is their ...
The Restricted Scope Of A Lawyer’s Role
A lawyer or an advocate is defined as a person who is licensed to practice law. While performing this licensed practice, legal practitioners play a vital role of advising and consulting their clients, preparing their cases, and are also responsible for presenting oral and written arguments, in addition to this, all the clerical work involved in the court process is also majorly done by the lawyer’s office. Moreover, it is also pertinent to note that while carrying out these duties...
COWIN- Alleged Breach & Concerns About Enforcement Of Data Privacy
Some newspapers have reported that there has been a compromise of the Co-Win database. In line with its past behavior, the Government was quick to deny that the database was breached. While the government’s statement may sound like an outright denial, but it is limited to the breach of the Co-Win portal and does not deny a compromise of data through other means. The PIB release itself points out the following ways in which the data could have been breached:The Telegram bot was giving out...
Status Of Law Clerks?
The Supreme Court of India and High Courts hires young law graduates on an adhoc basis for Law Clerk-Cum-Research Associates. The Law Clerks are assigned with the work of assisting the Judges in both judicial and administrative work. The scheme of engagement of Law Clerk was revised recently by the Supreme Court in 2023. Even though the nature of work, duties and responsibilities are same between the Law Clerks appointed in Supreme Court and the Law Clerks appointed in High Court, there...
Breaking Down The Fallacies In UAPA
In recent years, The Unlawful Activities (Prevention) Act (UAPA)[1], has been the subject of intense scrutiny and debate. While it was enacted with the intention of combating terrorism and ensuring national security, its implementation and the consequences have sparked concerns about the erosion of civil liberties and the stifling of dissent. With the increasing concerns over the UAPA, it becomes imperative to delve deep into its intricacies and unravel its fallacies. This article aims to...
Unilateral Appointment of Arbitrator: In defense of Legislative Intention
The Government’s undying effort to make India a truly globalized economy and an attractive spot for investment has laid the foundation for a robust international arbitration framework. One of the vital stimulant to attract investment and promote cross border trade is a stable, cost and time effective mechanism to resolve disputes. The biggest inducement for non-Indian entities to choose Indian Law as the governing law is the assurance of principles of party autonomy inter alia laid under...
Selling Cigarettes In India Without Statutory Warnings
India has 267 million tobacco smokers, making it the country with the world's second highest number of tobacco users. Tobacco is currently smoked by around 100 million persons aged 15 and older and it is believed to be responsible for more than 1.2 million fatalities.[1] The most common method of communicating the health consequences of smoking is through health warnings on cigarette packaging. Graphic health warning labels on cigarette packets depict terrible images (e.g., autopsy...