Articles
Interpretation Of Wills In India: A Testament Of Intentional Fallacy
Wills are not merely a legal document of division of property among beneficiaries, it is a writer’s dying declaration of love and commitment towards safeguarding the future of its beneficiaries. Freedom of testation is an emblem of personal freedom of the testator[1]; it protects the intention of the testator to choose the persons and properties it chooses to devolve among their benefactors in accordance with the law, without particularly following the regime of natural succession. On the...
VRK- The Legendary Icon
This is an article which I had made available in the beginning of the year 2018 to a self-proclaimed fan of Justice V. R. Krishna Iyer. But, I doubt whether this article had seen the light of the day. Hence, I am presenting this to live law. My humble endeavour in this article is to highlight a couple of observations (not much popularised) made by late Justice V. R. Krisha Iyer (VRK). Although born at Palakkad, he had domiciled in Thalassery (formerly Tellicherry) where he...
As Government Seeks A Role In The Collegium’s Process Of Recommending Potential Judges, It May Dilute Judicial Primacy
Reports in media on Monday suggest that the Union Law Minister, Kiren Rijiju has written to the Chief Justice of India, D.Y.Chandrachud suggesting that a search committee be set up to shortlist potential names for High Court and Supreme Court Judges, and such a committee could include a government nominee as well. The idea of a “search committee” or “evaluation committee” - comprising a representative of the Executive - to select potential recommendees by the Collegium is something...
Nani Palkhivala and the Basic Structure
“Freedom is not something that you can inherit in your bloodstream… You have to fight for it, cherish it, preserve it all the time.” - Nani Palkhivala The evolution of the basic structure doctrine would only be complete with the phenomenon of Nani Palkhivala. Born 103 years ago to the day on the 16th of January, Palkhivala would be one of our country's most outstanding lawyers and defenders of civil liberties. Between 1972 and 1980, the basic structure doctrine came to ...
Basic Structure - Kesavananda Returns ?
Last September I was invited by NALSAR University students to visit their campus for a talk. While they wanted scholastic content high on the jurisprudence quotient, I was in a more playful mood. So the poor organizers must have raised an eyebrow when I made a strange request. I wanted 13 chairs on the stage. The second request must have cleared the mist. I demanded that name tags be made of all the judges who heard the Keshavananda Bharati Case and for four other people. Who were in this Gang...
New Lessons From Navlakha’s Case: Why Some Usual Bail Conditions Need A Review?
The need to approach the Supreme Court to seek an exemption from the production of a solvency certificate to avail the house arrest granted to Gautam Navlakha is an expression of a deeper problem. Amongst the many conditions of house arrest permitted by the Supreme Court, there is a condition that requires him to submit a local surety of Rs 2 Lakhs. The order granting house arrest on 10th November 2022 reads as under: To avail the facility of house arrest, the petitioner will...
Drafting Of An Arbitration Agreement – Key Checkpoints
The importance of well – drafted agreements cannot be overstated, more so in the case of Arbitration agreements which are often drafted without much thought and care, infamously referred to as mid – night clauses as they are often reviewed last moment before signing a contract. A one – size fits all approach can pose significant problems and increase time, cost and complexity of the dispute to be adjudicated upon and result counterproductive to say the least. This article attempts to shed...
Off The Cuff Remarks Damaging To The System
In the past few weeks there have been casual and uninformed remarks. The views and counter views about the system of appointment of judges and the working of the courts display emotion and lack of knowledge. It is inappropriate for persons in high offices to speak casually and out of context. The system of appointment of judges to the higher judiciary is a serious issue that calls for introspection and debate. But in the name of debate and discussion all sorts of comments are made. The...
Deformity Relating To Age Of Child Under POCSO Act
Protection of Children from Sexual Offences Act, 2012 (hereinafter “the Act”) was enacted to protect children from sexual abuse and to provide a safe environment. The Act prescribed more severe punishment for sexual assaults committed against children than that was prescribed in Indian Penal Code, 1860, and it also provided child-friendly procedures regarding the proceedings of the case relating to sexual abuse of children. The Act is considered to be a successful legislation, but it...
Will Of The People; India A Constitutional Democracy Not A Majoritarian Democracy
Much has been said in recent times about the striking down by the Supreme Court of the constitutional amendment introducing the National Judicial Appointments Commission (NJAC). As is well known, the Supreme Court struck down the constitutional amendment on the ground that it impinged on the independence of the judiciary, which is a basic feature of our Constitution. The judgement has been denounced by some as being against the “mandate of the people”- the underlying assumption being that...
Evolution Of The Live-In Relationship In India Vis-A-Vis Personal Law
Tradition, convention, custom- these words have a tight grip over human society. Most of us prefer the comfort of history over the uncertainty of the future. For this reason, we often resist or even fear the idea of change. This opposition to change is especially prominent in Indian society, which values its attachment to generational customs. One of the most prominent of these traditions is that of the family. And in India, traditionally, for a family to be created, there must be one key...