Articles
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...
Relevancy Of Assessment Year For Taxing Foreign Assets And Income Under The Black Money Act - A Legal Conundrum
While presenting the Union Budget in 2015, the then Finance Minister announced, that in order to evade taxes in India some people had stashed away their money outside India (which is commonly referred to as Black Money) and in order to curb this malaise a new legislation will be introduced to tackle the undisclosed assets and income of Indian citizens located outside India. To achieve this objective The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act (BMA) was...
Shattering The Glass Ceiling: A Tribute To Ruth Bader Ginsburg
“I ask no favour for my sex. All I ask of ourbrethren is that they take their feet off our necks.”Amit A. Pai[1] & Pankhuri Bhardwaj[2]The iconic and inspirational life and journey of Justice Ruth Bader Ginsburg has been well documented in several articles and books. The second woman to be elevated to the Supreme Court of the United States, she was a champion for the cause of gender equality through her career as a lawyer and a Judge. Having faced gender discrimination first hand, perhaps,...
Israel’s Judicial Reform Bill: A Threat To Judicial Independence & Democracy?
On February 20, 2023, two bills that aim to "overhaul Israel's judiciary" were approved by a vote of 63 to 47 in the 120-member Parliament of Israel, just barely after midnight. In the middle of continuous demonstrations in which tens of thousands of Israelis assembled on the streets and blocked highways heading towards the capital city of Jerusalem, the far-right government coalition's planned bills were approved in the first of three readings, while at the parliament, members of the ...
Environment Protection And Liability: The Offence Concerning Legalized Nuisance And Injustice
Needless to say, environmental law is a sort of a separate entity from the discipline of environmental justice. Environmental justice in itself an absolute meaningful directive to attend to the equitable development of humans as capital and as workforce irrespective of any kind of discrimination. Environmental Justice is defined as equitable exposure to environmental good and harm[i]. The Environmental Protection Agency defines environmental justice as fair treatment and meaningful...
The Competition (Amendment) Bill 2023: Will It Pass The Test Of Constitutionality?
On March 29, 2023, the Competition Law (Amendment) Bill, 2023, was passed in Lok Sabha. The aim of this bill is to make additional amendments to the Competition Law (Amendment) Bill, 2022, based on the recommendation proposed by the Standing Committee on Finance. The most crucial change that government has proposed is to increase the methodology for imposing penalties on the enterprises that engage in any such acts that contravene the provisions of the law. The legislation imposes a...
The Tale Of Separation Of Powers; Appointment of Election Commission
The Supreme Court of India (SC), in the case titled Anoop Baranwal v. Union of India, has directed a change in the appointment mechanism of the Chief Election Commissioner (CEC) and Election Commissioners (EC). The current procedure entails the President appointing the CEC on the aid and advice of the Council of Ministers. The SC has ordered that until the Parliament enacts a law in this regard, the CEC and ECs shall be appointed on the recommendation of a 3-member committee comprising of...
Can Trial Court Accept Evidence In Sealed Cover In A Criminal Trial?
Recently, the Hon’ble Chief Justice of India, D.Y Chandrachud, once again reignited the debate around sealed covers by denying to accept information in sealed cover note submitted by the Central Government in the matter relating to OROP. While the debate around the practice of acceptance of evidence in sealed cover has been a long existing one. This debate has been primarily focused on the practice as followed by the Hon’ble Supreme Court of India, resulting in a large amount of...
Small Shareholders Director Under The Companies Act, 2013
The concept of small shareholder director was introduced to safeguard the interests of small shareholders in a company. The appointment of a small shareholder director is a measure taken to ensure that the small shareholders of a company are adequately represented and to prevent the board of directors from taking any decisions that are detrimental to the interests of small shareholders. According to the Companies Act, 2013 small shareholders are those who have relatively less shares...