Lettering Menstrual Leave In the Constitution

Menstrual pain, also known as dysmenorrhea, is an everyday issue for many women. It is characterized by cramping or aching in the lower abdomen, often accompanied by other symptoms such as headaches, nausea, fatigue, and bloating. 28th May every year is celebrated as Menstrual Hygiene day. The theme for 2022 was 'To create a world where no woman or girl is held back because they menstruate, by 2030’ The United Nations started The Red Dot Campaign to spread awareness regarding menstrual...

Patent Illegality In Setting Aside Arbitral Awards: Is India Becoming A Robust Seat For Arbitration?

The Arbitration and Conciliation Act, 1996 limits or seizes the role of courts in arbitral proceedings. Section 34 of the Act provides the scope of interference by courts as a recourse against the arbitral award passed. The term “patent illegality” for the first time was explained in the case of ONGCv. Saw Pipes[1] by the Supreme Court of India. Later, in 2015 on the recommendations of the 246th report of the law commission amendment was made in Section 34 of the Arbitration and...

The Interplay Between The POCA & PML ACT: Through The Lens Of ED V. Padmanabhan Kishore Judgement

The Prevention of Money Laundering Act, 2002[1] (‘PMLA’) and the rules made thereunder came into force on July 1st, 2005.[2] The PMLA requires financial institutions, banks, and other intermediaries to authenticate the identity of their clients and provide records and information to the Financial Intelligence Unit. The Directorate of Enforcement (‘ED’), a financial investigation unit of the Department of Revenue under the Union Government, is responsible for the enforcement of the...

The Criminal Procedure (Identification) Act, 2022; A Constitutional Critique

After being approved by the Parliament of India in April 2022, the Criminal Procedure (Identification) Act, 2022 ultimately went into effect. It repeals the Identification of Prisoners Act of 1920, a colonial-era statute that allowed police to measure suspects who had been convicted, detained, or were awaiting trial. The Criminal Procedure (Identification) Bill, 2022, which generated significant controversy, is the main focus of this article. Deliberations in the Indian Parliament took ...

Judicial Creativity In Constitutional Adjudication In India

In modern state, the law is created normally either by formal act legislation or a decision of the court. In judicial process, we examine the role of the judge. Justice Holmes of the United States Supreme Court has termed law as the 'prophecies of what the courts will do in facť. Justice Frank of the same court considers law as the verdict of the court on particular facts. This approach, thus, considers law as a process as against particular commands. The American Supreme Court has...

Antitrust Regulators' Crackdown On Big Tech

What happens when you have companies with market capitalization bigger than the GDPs of entire nations and cash reserves more than the Forex reserves of those Nations? As one would presume, blatant misuse of those mammoth resources for further consolidation of wealth and power. This is exactly what is happening with the " Big Tech" companies like Google, Meta, Apple, Amazon etc. But sooner or later, there comes a time to pay the piper. That is exactly what we have been seeing with recent...

Indian Telecommunications Bill, 2022: Examining Its Surveillance Provision Vis-À-Vis Right To Privacy

Technologies in telecommunications have undergone a drastic change since telegraphs of the colonial era. Given that India needs a legal framework attuned to the realities of the 21st century, On September 21st this year, the Ministry of Communications released the 40-pages draft of the Indian Telecommunications Bill, 2022 and invited public comments from the stakeholders. The bill seeks to replace the three anachronistic statutes that regulate the telecommunications sector: Indian...

Liability For Self Driving Vehicles: Is There Anyone To Blame?

An autonomous or self-driving car is one that does not require a driver to function. It can use motion sensors, cameras, audio receptors and advanced programming to move on its own, analyse environments around it, and take appropriate actions regarding the velocity and direction of its movement. In other words, it is a machine that do what most cars can do in the present day, but also perform the actions otherwise required of a driver. All one must do is direct the car to take them to a...

Explained: Creamy Layer Concept

The "creamy layer" establishes a cut-off point below which OBC, SC, and ST reservation privileges are available. The basic right to equality served as the foundation for the "creamy layer theory". The legitimately deserving person wouldn't have access to the reservation unless it was applied. Unless economic growth is so great that it always results in social advancement, exclusion shouldn't be based solely on economic factors. While a person's income might be used as a gauge of his...

Right To Be Forgotten: Meaning, Evolution, And Its Legality In India

"The impact of the digital age results in information on the internet being permanent. Humans forget, but the internet does not forget and does not let humans forget." – the Supreme Court of India in K. S. Puttaswamy and Anr. V. UoI After a protracted legal battle, the right to privacy was finally declared as a fundamental right by the Supreme Court of India in the 2017 landmark Puttaswamy V. UoI case, which has popularly come to be known as the Right to Privacy case. However, not...

The Marvel Civil War Dichotomy: Revisiting Morality Of Law

To make the world safer, there was an idea to bring together extraordinary people, to fight the battles that ordinary people never could. MCU calls them Avengers; they were the first line of defence. The Avengers fought unprecedented wars, but after the death of tens of thousands of people following the events of the New York battle in 2012, these people were subjected to restrictions under the newly passed law by the United Nations with the help of the king of Wakanda; T'Chaka, i.e. The...

Judicial Law Making Through Dictum In India: A Constitutionally Legitimized Practice

The following article analyses whether the Indian Constitution permits judicial law making through dictum by referring to constitutional provisions and judicial precedents. It also critically examines whether the treatment of dictum as established and binding law, is consistent with common sense and sound judicial practice.In India, like in any other constitutional democracy, the executive's role is to implement the laws, the role of the judiciary is to interpret the laws and that of the...