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,...

Section 27 Of The Evidence Act Re-Visited In The Wake Of Supreme Court Judgement In “Ramanand @ Nandlal Bharti”

Any discussion on Section 27 of the Indian Evidence Act, 1872 will be incomplete without reference to Sections 25 and 26. Section 25 of the Evidence Act prohibits proof of “confession” made to a police officer by an accused person. Section 26 interdicts proof of a “confession” made by an accused person while he is in the custody of a police officer. Section 27 which is in the form of...

Socialism And Stock Market Meet At Social Stock Exchange

The Hon’ble Finance Minister, as part of the Budget Speech for the Financial Year 2019 -2020 had proposed to initiate steps towards creating a Social Stock exchange in India, under the regulatory ambit of Securities and Exchange Board of India (“SEBI”), for listing of social enterprises and voluntary organizations. In the budget speech, the Hon’ble Finance Minister...

Valentine’s Day : Right to Love & Indian Supreme Court

Valentine’s Day is upon us again. It is a holiday of mysterious provenance but has come to widely represent a festival of love and devotion (not to mention, consumerism) that is celebrated and dreaded in equal measure. Whether you have a significant other, are (un)happily unattached, think Valentine’s Day is nothing more than a grotesque capitalistic spectacle, or rail against...

Justice S.Abdul Nazeer’s Appointment As The Governor Without A Cooling-Off Period Brings It Under Scrutiny

The news that the former Judge of the Supreme Court, Justice S. Abdul Nazeer, who retired on January 4, has been appointed as the Governor of Andhra Pradesh, should cause concern to all those who value judicial accountability and reputation.Although it is not the first time that a former Judge of the Supreme Court has been appointed as the Governor of a state, this is the first time that a...

India’s Environment Laws Need Stronger Implementation

Those examining the effectiveness of India’s environmental laws are often troubled by its “implementation curse”. While the legislature has time and again promulgated laws and laid down extensive guidelines to ensure protection of the environment from capitalistic exploitation, there seems to be a massive failure on part of the Executive to strictly enforce these environmental laws...

Brave Lawyer Who Sacrificed His Life For Innocents : Remembering Shahid Azmi On His 13th Death Anniversary

"I’ve died a hundred times and if death did come knocking, I would look it in the eye", said Late Shahid Azmi, who was shot dead on this day in 2010 in his chamber. In his practice of about seven years, Azmi fought numerous cases and represented those whom he believed were wrongly accused in several high-profile “terror cases” in Mumbai. In his short span of around seven...

In Anna Mathew, the Supreme Court Did Not Follow Its Own Precedents

In its reasons for rejecting on February 7, the petitions seeking ex parte injunction against the swearing-in of Justice L.C. Victoria Gowri as a Judge of the Madras High Court, the Supreme Court’s two judge bench, comprising Justice Sanjiv Khanna and Justice B.R.Gavai, has on Friday, rejected the argument of the petitioners that the facts were not known and considered by the Collegium....

Secured Creditors Vis-À-Vis Debt Recovery: A Positive Step

The creation of statutory charges and the subsequent recovery process initiated by the tax department has often clashed with the recovery mechanisms used by secured creditors like banks under the Securitization andReconstruction of Financial Assets and Enforcement of Security Interest Act,2002 (“SARFAESI”) and Recovery of Debts Due toBanks and Financial Institutions Act, 1993...

How Much Sunlight? Debating Collegium Transparency | Column By Sr Adv Sanjoy Ghose

Recently, the statements issued by India’s Supreme Court disclosed extracts of Intelligence Reports forwarded by the Government to the Collegium to substantiate its veto on certain candidates recommended for judicial appointment. The Law Minister responded by voicing an alarm about the sensitivity of the intelligence shared.This has again brought to the centre stage the issue of...

The IBC VS. SEBI: Critical Analysis Of Moratorium Under IBC

Section 28A of the Securities and Exchange Board of India Act, 1992 (“SEBI Act”) mentions about the recovery of proceeds from debtors in the form of attachment of immovable and movable property, attachment of bank accounts, etc. in order to make good the penalty imposed or to ensure the compliance with the regulations and the directions of the SEBI. However, this provision of SEBI...

In The Light Of Victoria Gowri’s Swearing-in As A Judge, Grounds For Judicial Review Of Her Appointment Still Persist

With the Supreme Court on Tuesday not entertaining the petitions challenging the appointment of advocate Victoria Gowri as an Additional Judge of the Madras High Court, and following her swearing-in as the Judge, it would be naive to assume that the petitioners have exhausted their legal remedies in this case. The two-Judge bench comprising Justice Sanjiv Khanna and B.R.Gavai,...