From Critique To Construct: The Role Of A Shadow Cabinet In India's Future

In July, former Odisha Chief Minister Naveen Patnaik, now the state's Leader of Opposition, drew up a shadow cabinet to scrutinise and take on the ruling BJP and its Chief Minister Mohan Majhi. The term Shadow Cabinet, despite its significant role in parliamentary systems, has not garnered extensive scholarly attention.What is a shadow cabinet?The term Shadow Cabinet means an alternative cabinet, one formed with the aim of monitoring government decisions and being ready to step into government...

Cognitive Enhancement Drugs In Academic And Professional Settings: Legal And Ethical Considerations

In a world where the boundaries between human and machine blur with each passing day, a new frontier of human enhancement has emerged, not in the realm of cybernetics or genetic engineering, but in the form of tiny pills promising to unlock the full potential of our minds. Welcome to the era of cognitive enhancement drugs, where the pursuit of mental superiority has become the latest battleground in academic halls and corporate boardrooms alike.The Allure and Efficacy of Smart DrugsImagine a...

Double Jeopardy In India: Incomplete And Inconsistent?

The rule of double jeopardy has a plethora of definitions attached to it and finds its roots in the English Common Law rule of 'Nemo Debet Vis Vexari', meaning “a man must not be put in peril twice for the same offence”, essentially aiming to prevent a person from being punished twice for the same offence. This rule some may say is devoid of origin due to its multiplicity of roots and citations in legal history. It is said to have always existed as if it were part of the natural law...

Freedom Of Speech V. Disabling Humor: Navigating Disability Portrayal In Media And Beyond

“Meri ek taang nakli hai….main hockey ka ek acha Khiladi thaa…..” this monologue from the 2007 movie 'Welcome' invited hysterical laughter during that time. Even today it is considered comic relief by many who continue to use this as a meme template. But as time passes and the audience begins to mature a slow realization is beginning to sink in about its problematic nature. This is not the only example and probably not even the last. From Lucky's speech disability in the Golmal series to...

Patent Illegality As A Ground Of Judicial Intervention In Arbitration

An arrangement between parties wherein one or more arbitrators settle disagreements and render legally binding rulings is known as arbitration [1]. It provides the parties with a private dispute resolution process as an alternative to the tiresome and drawn-out legal procedure. Steps have been taken at both the national and international levels to preserve arbitration's independence as a dispute resolution process by reducing the amount of judicial review of arbitration rulings. The ...

An In-Depth Analysis Of Public Examinations (Prevention Of Unfair Means) Act, 2024

On 21st June Union government announced the enforcement of the Public Examination (Prevention of Unfair Means ) Act, 2024 by releasing a statement: “In exercise of the powers conferred by sub-section (2) of Section 1 of the Public Examinations (Prevention of Unfair Means) Act, 2024 (1 of 2024), the Central Government hereby appoints the 21st day of June 2024, as the date on which the provisions of the said Act shall come into force.” This act was passed by Parliament on 9th of February...

Introduction Of BNSS: A Step Forward Or Backward

The three new criminal laws introduced in the 'Amritkal' of Indian democracy have sparked both, a sense of apprehension as well as preparedness in the legal community. It has sparked debate among the legal and civil rights activists over certain “retrograde provisions” as well as certain “ambiguous provisions”. This article examines the intricacies of the newly introduced criminal procedural law and underscores the impact of the modifications introduced under it. The new laws bring...

Addressing Applicability Of Consumer Protection Act On Advocates

Customers' interests are protected in India under the Consumer Protection Act, 1986 (“hereinafter referred to as “the act”). It creates consumer rights and offers a structure for consumer complaints to be resolved by establishing consumer forums and federal, state, and local courts. This law covers unfair commercial practices, product flaws, and inadequate services. Since its inception, there have been various professions and activities which have been in a grey area, regarding whether...

India's Whistle Blower Protection Act: A Beacon of Hope Or A Work In Progress?

Whistleblowing is a vital mechanism for upholding transparency, integrity, and accountability within organizations. It involves the disclosure of any illegal, unethical, or otherwise inappropriate information or activities within an organization. Typically, individuals, often current or former employees, make these disclosures to entities or individuals with the authority to address the issues. In India, whistleblowing has increasingly garnered attention, especially in light of prominent...

From Policies To Practice: Women In India Redefine Roles And Drive National Progress

“The day will come when man will recognize woman as his peer, not only at the fireside but in councils of the nations. Then and not until then, will there be the perfect comradeship, the ideal union between sexes that shall result in the highest development of the race.” – Susan B. AnthonyFrom caregivers to leadership positions, women in India are challenging traditional gender roles, echoing the global movement to redefine societal expectations. India, with the aim to become the third-largest...

No More Misleading Ads: Centre Mandates Self-Declaration Certificate For Advertising Agencies

An advertisement is considered misleading when it misleads people from reality and influences their behaviour toward purchasing a product or service from the market. Recently, the Supreme Court took a step to stop misleading ads by advertising agencies. As per the Indian Medical Associations & Anr. Vs. Union of India & Ors. 2022, Advertising companies must provide a self-declaratory certificate to the competent authority before any content (Advertisement) is displayed, as per the...

Guardians Of Virtual Realm: Navigating Cyber Laws And Safeguarding Data Privacy For Silenced Voices

When we speak of cyber frauds, the first thing which strikes our mind is cyber laws, throughout the time these laws have protected us from various cyber frauds but on many instances, we have seen that some people have suffered the wrath of cybercrimes. It is essential to examine various cyber laws, nature and extent of cybercrimes committed against individuals. To deal with this a series of laws has been formulated. The first cyber law dates back to 2000 which had been adjusted with...