Model Code Of Conduct: An Equalizer Lost In Implementation

The role of free and fair elections in any democracy cannot be understated. And the enormousness of that task in a democracy as heterogeneous as India can only be tackled by a body free of state interference, mandated under constitutional powers, armed with the ability to take immediate, spontaneous remedial action in case anyone intends to make a plaything of the election process which is the foundation of a democratic country. And although the Election Commission of India is a...

Some Common Misconceptions Regarding Traffic Rules In India

The Motor Vehicles Act is a legislation of the Parliament of India which lays down rules vis-a-vis all aspects of road transport vehicles and traffic laws. The Motor Vehicles Act, 1988 came into force from 1 July 1989 and was thoroughly amended by The Motor Vehicles Amendment Act ,2019 after the interlude of about 30 odd years in order to expunge the obsoleteness of the old Act...

Maternity Benefits In India: A Look At The Well-Intended But Misguided Law

The persisting global gender gap in the workforce has created a dire need to make inclusive policies to augment women's participation in the labor force and in lieu of this, several countries around the world have formulated liberal maternity benefit provisions so that motherhood does not become a reason for women to opt-out of the workforce. In India itself, the female...

Know the Constitution[ Part III]: Union and Its Territory - Articles 1 To 4

Article 1-4: Union and its TerritorySpeaking at an event recently, Justice Gautam Patel of the Bombay High Court had noted that the "Constitutional Idea of India" lay not in the chapters on Fundamental Rights or Duties but rather in Article 1 of the Constitution."Everything in the Constitution flows from this Article. This has to be THE Idea of India for without which India cannot exist. What...

Plea Bargaining: A Look At What Was And What Should Be

The concept of Plea Bargaining which originated in the United States, today exists in most countries having robust crime prevention systems. It has been touted as an important mechanism to bring equilibrium between committing an offence and the subsequent punishment that offence demands. In addition to this, Plea bargaining also reduces the burden on courts significantly and this is...

Textual Interpretation Of Statute Should Match With Contextual Interpretation: Supreme Court

The Supreme Court observed that while interpreting the provisions of a statute, the textual interpretation should be matched with the contextual one.Statutes have to be construed so that every word has a place and everything is in its place, the bench comprising Justices L. Nageswara Rao, BR Gavai and BV Nagarathna observed.The court observed thus while considering an appeal against a...

Irrelevance Of Character Evidence In Rape Trials

It has often been stated by activists, policy makers and judges alike that rape trials victimise the rape survivor[1] by subjecting her to a series of harrowing experiences, from the medico-legal examination to harassment by the police, disturbing cross-examinations and in several cases, the questioning of her character by lawyers, judges and the public.[2] To make the process of rape trials less painful for the survivor, amendments to criminal law statutes and the Indian Evidence Act[3]...

Gig Workers, Platform Workers & Gig Economy

When the new labour Codes were introduced, like every other legislation, they invited critique from different quarters because of reasons ranging from lawmakers' lackadaisical understanding of labour policy to increased stringency of provisions making it more difficult for workers to assert certain basic rights. But one aspect of labour codes that was applauded by all stakeholders was the inclusion of gig and platform workers in the Code of Social Security, 2020. Gig workers everywhere in...

Strikes And Lockouts

Preventing illegal strikes and lockouts is a key concept both under Industrial Disputes Act, 1947 and in the Industrial Relations Code. Its significance can be understood by the fact that this statement finds its place in the very objectives of the Industrial Disputes Act, alongside maintaining harmony and good relations and well, solving industrial disputes. This article aims to look at...

Dispute Resolution Mechanisms Under Industrial Disputes Act, 1947 and Industrial Relations Code

Industrial Relations Code, 2020 states in its objectives that it aims to "minimize the friction between the employers and workers; provide provisions for investigation and settlement of Industrial Disputes and achieve industrial peace and harmony as the ultimate pursuit in resolving industrial disputes" and thus, this article aims to analyze the multiple institutions provided...

Circumstances Under Which An Appeal Would Be Entertained Against An Order Of Acquittal: Supreme Court Explains

In a judgment delivered last week, the Supreme Court summarized the circumstances under which an appeal would be entertained by it from an order of acquittal.Ordinarily, this Court is cautious in interfering with an order of acquittal, especially when the order of acquittal has been confirmed upto the High Court. It is only in rarest of rare cases, where the High ...

Can Lok Adalat Award In A Case Referred By Magistrate Be Executed As Civil Decree?

A question that often arises in the context of the execution of awards by Lok Adalat is whether an award passed in a case referred by a Magistrate's Court can be executed as if it is a decree of a civil court.This question arises in cases under S.138 of the Negotiable Instruments Act and the Domestic Violence Act that have been referred to Lok Adalats. The principles governing the execution...