Can A Person Who Lost Election Be Appointed As Chief Minister?

All India Trinamool Congress won the election to the legislature of West Bengal, while its leader Mamata Banerjee lost in Nandigram, where she contested. She is reportedly going to swear in as the Chief Minister of the state.Is there any legal or constitutional bar in a person who lost election becoming Chief Minister? This column attempts to discuss the law and precedents in this...

Sharing Information Widely An Important Tool To Combat COVID : Supreme Court On SOS Calls In Social Media

The Supreme Court has sent a strong message that persons who are putting out public appeals for help in social media during the COVID-19 crisis cannot be targeted through arrests or coercive actions by saying that such messages are false or are tarnishing the national image."We do not hesitate in saying that such targeting shall not be condoned, and the Central Government and...

Whether Centre's COVID Vaccine Procurement Prices Account For Aid Given To SII, Bharat Biotech? Supreme Court Asks

The Supreme Court has sought from the Central Government the details of public funding and aid given to COVID vaccine manufacturers Bharat Biotech and Serum Institute of India.The Court has also asked whether the current vaccine procurement prices for the Central Government account for the aid provided to the companies. If the vaccine prices account for such grant, on what basis the same...

My Friend Imtiaz Ahmed

My friend, Imtiaz Ahmed, left us all on 29 April after struggling with Covid-19 for several days. One does not imagine the death of any living person easily or indeed be pushed to do so. As I look back, his special presence, the self-assured demeanor, the gentle cynicism, not easily persuaded about bird-brained schemes that people bring, devoted to Aligarh Muslim University and its alumni, quick to expand on elusive religious doctrines, attentive to prayer— nothing about him indicated...

'If Procedure To Do Good Is Illegal, It Doesn't Make Purpose Good' : Bombay High Court To BJP MP Sujay Vikhe Patil On Remdesivir Procurement

On Monday, the Bombay High Court (Aurangabad Bench) remarked that BJP MP from Ahmednagar Dr Sujay Vikhe Patil needs to introspect while referring to his social media videos glorifying his efforts to procure Remdesivir vials. A division bench of Justices Ravindra Ghuge and BU Debadwar remarked while hearing the petition seeking an FIR against Patil for allegedly unauthorisedly...

BREAKING - Media Cannot Be Stopped From Reporting Oral Remarks Of Judges; Court Discussions Are Of Public Interest : Supreme Court

The Supreme Court on Monday said that media cannot be stopped from reporting the oral observations made by the judges during the hearing of a case.The Court observed that the discussions in the court are of public interest, and that the people are entitled to know how the judicial process is unfolding in the Court through the dialogue between the bar and the bench.The Court also added that...

'Centre's Vaccine Policy Prima Facie Detrimental To Right To Health, Centre Should Consider Revisiting It To Withstand The Scrutiny Of Articles 14,21': Supreme Court

The manner in which Centre's current vaccine policy has been framed would prima facie result in a detriment to the right to public health which is an integral element of Article 21 of the Constitution, said the Supreme Court in the suo moto case In Re Distribution of Essential Services and Supplies During Pandemic A Bench comprising of Justices DY Chandrachud, L. Nageswara Rao...

No COVID Patient Should Be Denied Hospital Admission For Lack Of Local Address Proof : Supreme Court

The Supreme Court has directed that no patient shall be denied hospitalization or essential drugs in any State/UT for lack of local residential proof of that State/UT or even in the absence of identity proof.The Court has directed the Central Government to frame a uniform national policy on hospital admissions within 2 weeks, which should be followed by all hospitals."The Central...

"Provide Green Corridors To Oxygen Tankers Involving Inter State Movement For Timely Delivery To Save Precious Human Lives": MP HC To State Govts.

The Madhya Pradesh High Court on Friday appealed to all State Governments and their respective Police and Transport authorities for providing green corridors to the tankers carrying liquid medical oxygen involving it's inter state movement to ensure timely delivery of oxygen at their desired destinations.A division bench comprising of Chief Justice Mohammad Rafiq and Justice Atul...

Right To Life Is The Mother Of All Rights: Malawi Supreme Court Holds Death Penalty Unconstitutional

The Malawi Supreme Court of Appeal has declared that the death penalty is unconstitutional."The essence of the right to life is life itself-the sanctity of life. The right to life is the mother of all rights. Without the right to life other rights do not exist. The death penalty not only negates, it abolishes the right.", the Court (8:1) observed in its judgment.The court observed thus...

An Era Comes To An End: Soli- A Great Lawyer And A True Friend

Soli Sorabjee's passing on April 30 once again unkindly reminds us of human mortality- of the proximity of death to life- a life so full, rich and meaningful. It is given to only a few to be endowed with great qualities of head and heart, don many hats and play many roles with distinction and elan, yet retain the human touch and be considered a legend. Soli Jehangir Sorabjee is certainly one among them- one of the all time greats both as a lawyer and a human being. His was a personality so warm...

Prohibition Of Child Marriage Law Does Not Differentiate On Basis Of Religion: Punjab & Haryana High Court

The Punjab and Haryana High Court recently observed that even though Muslim Personal law permits marriage upon attaining the age of puberty, the Prohibition of Child Marriage Act, 2006 is a secular law and does not make any such distinction on the basis of religion. The law prescribes 18 years as the minimum marriageable age for a female and 21 years for a male. While allowing...