Everything Wrong With The Madras HC Order, Directing Singing Of National Song

The Madras High Court recently made it to the headlines when by one of its orders it directed compulsory singing of Vande Matram (the National Song) in all schools and educational institutions once a week. Such an order attracted debate from all spheres, wherein some lauded it as a sign of patriotism while others termed it as “forced” patriotism. However, what escaped scrutiny  in this debate over patriotism was how the order suffered from certain blatant illegalities. The aim of this article is...

An Analysis of Arrest of Ships under Admiralty Bill, 2016

Presently, the laws governing the admiralty jurisdiction of courts and related aspects of maritime law in India are too obsolete. The jurisdiction of the High Courts to entertain maritime disputes flow from the letters patents.[1] The legal system on this subject has been established by the British, and there is no local legislation in India dealing with the same.[2] The only statute that exists is the Colonial Courts of Admiralty (India) Act, 1891, “and that is a subordinate legislation under...

Is Interlinking of Rivers a Violation of International Environmental Law?

“Darshanatsparshanatpanattaha gangati keertanat punatyapunya purushana shatashotha”The holy sight of Ganga river gives knowledge, splendour, name, fame etc. The gravest of sins like Bramhatya (killing of Brahmin) and Gauhatya ( killing of a cow) get absolved by the mere touch of Ganga holy water, reads the above mentioned shloka[1]. India can be categorised as the only country where river is more than a river, more than water, more than a source of life, more than any role that a river plays in...

The Futility Of Race To ‘Reputed Law School’

Surviving law school is one hell of an experience for any student, but getting admission into a ‘reputed law school’ is a whole other shebang.Whether you choose a five-year course or three-year course; whether it is National Law University or any private university, the Law will remain the same. The chase to top law schools, after a certain point, becomes fruitless and unproductive.Understanding of law would come, regardless of the institution, if one is interested in it.Of course,...

The Real Hazard Behind The Doctrine Of Virgin Peacock

 In cases where the expression of the court’s opinion is coloured with moral overtones, the credibility of the court can lead to more harm than good.Be it Rajasthan High Court’s judgment on recommending cow as the national animal or the Supreme Court’s infamous take on the National Anthem, it is only a superficial understanding that attempts to understand the morality of these problems.The latest judgment to have raised even the most passive eyebrows from the civil society is that of the...

Gujarat Riot Victim's Case: Not Rarest Of Rare?

The debate on the rarest of rare doctrine and its applicability ensued the moment the verdict was pronounced in the unnerving case of Mukesh & Anr vs State of NCT for Delhi ( Nirbhaya case).  The verdict has called for criticism of the common people with regard to the non-applicability of the same doctrine in another gruesome case of rape and mass murder decided by the Bombay High Court .Where the dismissal of the appeal of the accused persons found much resonance in the society with all...

My Tryst with the First National Constitutional Law Olympiad, Scholars Achievements

Yamuna Menon, a 2nd year IDIA scholar at NLSIU, Bangalore, won the first National Constitutional Law Olympiad amongst great odds!  She takes us through her exciting journey through this blog post, focusing on the types of challenges she faced and the arduous Constitutional Law exercises she went through to win this. Read on below!I came to know about the 1st National Constitutional Law Olympiad 2017, organised by ILS Law College in alliance with MKCL (Maharashtra Knowledge Corporation Limited)...

Death Penalty – A Sign of Weakness

A long-lasting and probably never-ending debate about the legitimacy of the “capital punishment” has pervaded through the history of independent India, and continues to persist even today, not just in this country, but across the world. Every time there is a question on the fate of a terrorist, or the public vents their views on an appropriate punishment for a rapist, or the court is to decide upon a heinous murder, there arises this dilemma about whether it is right to penalize someone with the...

Are Independent Directors Really “Independent” In Indian Companies Dominated By Promoters?

The idea of independent directors is quite exciting. As per provision under Companies Act, 2013 Independent directors are required to acts as conscience-keepers of the boards,vigilant watchdogs, protectors of the interests of minority shareholders as well as other stakeholders and implementers of regulatory norms. In addition, Independent Directors do not represent in the corporate decision-making. The position of the independent director is one most counterpoise position against the managerial...

CLAT 2016: Exam Analysis

The Common Law Admission Test- 2016 was conducted by RGNUL, Patiala on 8th of May from 3 PM- 5 PM. As per the students CLAT 2016 was quite easy, perhaps easiest of all the previous CLAT papers. RGNUL ensured that the registration process was smooth and hassle free and included specific time period for representation relating to the answer key. This has been done for the first time. The enforcement of the BCI notification by the Courts has ensured that, there was no age limit this year as...

38 Years of Age, Child or An Adult? The Special Leave that might be the Torchbearer of change in interpretation Laws in India

The Apex Court on 2nd April, 2016 was faced with a peculiar yetunique case, when an SLP was filed by a mother on behalf of her mentally disabled child. The factual matrix in brief was the rape of her daughter who had a functional age of 8-9 despite being 38 years of age. The mother prayed before the Supreme Court that due to the functional age of her daughter being less than 18 years, the case should be tried under the Protection of Children from Sexual Activities Act (The act dealing with...

Overburdened SC: Constitution Bench refuses to restrict Scope of Article 136

In the celebrated American decision in Brown v. Allen, Justice Robert H. Jackson of the Supreme Court of the United States admirably penned: “We are not final because we are infallible, but we are infallible only because we are final”. This squarely applies to the Supreme Court of India, the final forum of adjudication under our Constitutional Scheme. On the appellate side, our Supreme Court may hear appeals,which either the High Court certifies as fit for appeal, or in exercise of its...