Share Tweet Plus One Pin It Email Print By: Manu Sebastian May 18, 2018 7:36 pm Change Font Size Reminiscing Justice Jasti Chelameswar on his retirement “I am something of a contrarian, I suppose. I feel less comfortable when everybody agrees with me. I say, ‘I better re-examine my position!’ I probably believe that the worst opinions in my court have been unanimous. Because there’s nobody on the other side pointing out all the flaws”- so said the maverick judge of US Supreme Court Justice Anton Scalia. In the Indian context, this description might best suit Justice Jasti Chelameswar, who had his last working day as a Supreme Court judge on May 18 (though his official date of retirement is June 22, it falls in between the Court’s summer recess). In the mainstream media narrative, he is the “dissenting voice of Supreme Court”, “the rebel judge”, “chief dissenting justice”, … [Read more...] about Justice Chelameswar: The Legacy of A Contrarian In The Court
Important amendments in indian constitution
Share Tweet Plus One Pin It Email Print By: MK Sanu April 16, 2018 12:27 pm Change Font Size The choice of philosophy underlying an ideal environmental law is perplexing. The story of human civilization is also about human being’s confrontation with nature and his /her exploitation of nature and its resources. So an environmental law could be anthropocentric. At the same this nature belongs to all living beings in their natural environment and hence an environmental law should promote the peaceful co-existence of all living beings on planet earth. This is called the eco-centric approach. Since human beings are the authors of these laws, there is every possibility of the whole gamut of environmental law showing anthropocentric shades. Or a middle path is achievable between these approaches? Substantive environmental law seems to attain this objective. But implementation of environmental protection norms leaves a lot to be desired. The quality of environment and … [Read more...] about Environmental Law In An Aggressive Neo-Liberal Era: An Account Of Environment Law Reform Initiatives In India
Share Tweet Plus One Pin It Email Print By: Sumit Rai April 6, 2018 11:05 am Change Font Size After many rounds of deliberations and at least two Law Commission Reports separated by more than a decade (Report 176 in 2001 and Report 246 in 2014), the Arbitration and Conciliation Act, 1996 was finally amended on 23 October 2015 by way of an ordinance. The ordinance route was justified on grounds that the amendments were urgent to send the right message about Indian government’s intentions of making the necessary legal reforms for ease of doing business in India. Despite good intentions, an unintended result followed. Immediately following the promulgation of the ordinance, Indian courts have been dealing with contentions on whether or not the amended provisions apply to proceeding pending before them or new court proceedings initiated in old arbitrations. There is simply no guidance in the provisions of the amending legislation itself. The Bill was tabled in the … [Read more...] about SC Decision in BCCI vs. Kochi Cricket: Much Ado About Nothing?
Share Tweet Plus One Pin It Email Print By: Abhijeet Singh Rawaley March 23, 2018 10:58 am Change Font Size The sounding of the bugle for elections to India’s Upper House in central parliament (Rajya Sabha) proffers a solemn occasion to consider (or rather reconsider) the constitutional waters of Indian bicameralism. Fifty-nine members from seventeen Indian states/provinces shall be elected today to the upper chamber of Indian ‘temple of democracy’ Maneuvering beyond transient concerns of power politics, this article endeavours to extrapolate the larger constitutional and systemic issues plaguing Indian bicameralism. Institutions such as parliaments are not only the most apparent but also important indicators of constitutional identity. The Rajya Sabha’s role in the Indian democratic set-up has been repeatedly called into question, including numerous failed attempts to abolish and do away with it altogether. Since the idea of having a House of … [Read more...] about Domiciliary Requirement’s Place In Rajya Sabha’s Constitutional Identity
Why Legal Aid? Access to legal services continues to be a challenge for a substantial segment of the Indian population due to geographical, resource and infrastructure constraints. Since legal representation is costly and out of reach for the disadvantaged, the need for legal aid arises. The problem has been compounded by the failure to mainstream legal-aid services, particularly for the marginalized sections at the panchayat levels. Marginalised communities, especially rural and tribal population; senior citizens; persons with low income; persons with disabilities; victims of drug abuse, human trafficking; prison inmates- the rightful recipients of legal aid- are unable to avail it. India has an expansive history of legal aid, backed by decades of legislation, jurisprudential interpretation, and numerous state-funded programs. But the absence of a structured and economically viable format has hindered lawyers in actively offering legal assistance to those in need of it. The pro bono … [Read more...] about Access To Legal Aid In India : An Unfulfilled Promise ?