I have put a draft of my paper titled ‘Gatekeeper Liability and Article 19(1)(a) of the Indian Constitution on SSRN. You can read it here. It will eventually be published in the NUJS Law Review. Alternatively, this essay (written for a UPenn/ CIS/ ORF publication) based on the paper sets out my argu...
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Fundamental Rights or Fundamentally Right? The Founding Fathers of our Constitution had a gargantuan task of drafting what turned out to be the most extensive written Constitution in the world. When the Constituent assembly was handed over this huge responsibility - I wonder what would have taken th...
In the previous essay, we noted the analytical problems with the Supreme Court’s judgment in Air India vs Nargesh Mirza. However, six years later, in 1987, the Supreme Court handed down another judgment that substantially undercut the ratio in Nargesh Mirza. In MacKinnon Mackenzie vs Audrey d’Costa ...
Maggi_masala_noodles The Department of Consumer Affairs, Ministry of Consumer Affairs, Food and Public Distribution has in a press release informed that it has filed a complaint under section 12(1)(d) of the Consumer Protection Act, 1986 in the National Consumer Disputes Redressal Commission (NCDRC)...
With the exception of its 1954 judgment, Yusuf Abdul Aziz, which cursorily upheld the constitutionality of adultery, the Supreme Court did not have occasion to seriously deal with sex discrimination under Article 15(1) in the first three decades after the Constitution. The cases that we have discuss...
by sflc_admin | August 11, 2015 SFLC.IN in association with Open Invention Network is organizing the Second Asian Legal Network round-table at the Oberoi Hotel, Bangalore on Wednesday, 12th August 2015 from 12:00 PM to 6:30 PM. The event will be structured as a round-table between 40 to 50 participa...
Today, in a detailed order in the ongoing Aadhar litigation, a three-judge bench of the Supreme Court referred the question of whether there exists a fundamental right to privacy under the Constitution, to a five-judge bench. In its order, the Court explains that the Attorney-General referred to the...
download-order IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.494 OF 2012Justice K.S. Puttaswamy (Retd.) & Another … PetitionersVersusUnion of India & Others … Respondents WITH TRANSFERRED CASE (CIVIL) NO.151 OF 2013 TRANSFERRED CASE (CIVIL) NO.152 OF 20...
By Pushan Dwivedi and Joshita Pai, Research Fellows at the Centre for Communication Governance at National Law University Delhi Highlights from the Court’s ruling The Supreme Court bench constituting J. Chelameswar, S.A. Bobde and C. Nagappan has decided to refer the challenges to the Aadhar program...
The decisions of the Kerala High Court in Vijayamma (1978) and A.N. Rajamma (1983), sandwich the Supreme Court’s landmark holding in Air India vs Nargesh Mirza (1981). Nonetheless, in this essay, I will break chronology and discuss the two decisions together, and then turn to Nargesh Mirza. This is ...
READ OUR DETAILED COVERAGE OF THE PREVIOUS COURT PROCEEDINGS Supreme_Court_of_India On 10 August 2015, PIL petition filed by Indore-based lawyer Kamlesh Vaswani was listed before the Supreme Court bench of Chief Justice of India HL Dattu and Justices Arun Mishra and Amitava Roy. Attorney General of ...
The Kamlesh Vaswani matter that has asked the Court to direct the Government to block all pornography over the Internet and was used conveniently by the Government to order the disablement of over 850 website last week came up before the bench headed by the Chief Justice today. Mr. Mukul Rohatgi, th...
The cases that we have discussed so far have followed a common argumentative pattern. It will be helpful to provide a step-by-step conceptual schema: (1) All these cases are cases of direct discrimination. This means that the distribution of benefits and burdens directly tracks the line that divides...
The PornBan debate: our archived pieces on the subject | Centre for Communication Governance at National Law University, Delhi
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Original author: Chinmayi
On April 12, 1949, the Governor of East Punjab passed an order directing that in the Jails Deparment, women would be ineligible for appointment to all posts in Men’s jails, apart from that of clerk or matron. In 1972, this order was challenged before the Punjab & Haryana High Court by a women w...
In the previous essay, we outlined the key questions that arise out of a textual reading of Article 15(1) of the Constitution, which prohibits discrimination “on grounds only of… sex.” In some of earliest cases after the commencement of the Constitution, these battle-lines were drawn sharply by the ...
By Shruntanjaya Bharadwaj, Intern at CCG and student of NLU Delhi Date Summary Links 23 September 2013 The Supreme Court issued an interim order saying that Aadhaar card is not mandatory. It observed that:“No person should suffer for not getting the Aadhaar card in spite of the fact that some author...
gender-equality On Friday, 7 August 2015, Supreme Court of India will hear a petition which seeks a direction to the chief ministers of seven Indian states to consider inclusion of women legislative members in their councils of ministers. The Writ Petition has been filed by DK Aruna, a former inform...
Ever since the rapid growth in the past decade in the world of information technology and dissemination of the hand held devices in almost every hand possible especially in the big cities all over the world, has led to an explosion on the platform of communication. This explosion has sort of made th...
In this series of essays, we shall discuss sex discrimination under the Indian Constitution. This is an area where there is a significant amount of case law (for an introductory discussion, see Kalpana Kannabiran’s Tools of Justice). But like other other aspects of our fundamental rights jurispruden...
The Bar Council of India (“ BCI ”), in a press release on Saturday, has said that it will file an application in the Supreme Court seeking modification of the order which allowed fresh law graduates to become judicial officers. It said that the BCI and the State Bar Councils are “strongly in favour”...
Thirty years ago, nobody could have accurately predicted the job market of today. The intervening technological progress must be blamed or credited for it. However, we seem to be able today to satisfactorily predict the job market we will have thirty years hence – plenty of machines and Artificial I...
Writing a great legal article is truly amazing. Not only it will be published in a good, well-known website or blog, thereby increasing your brand value and visibility, but also be read by many people who are in need of that information. It may help litigants, researchers, other lawyers or a reporte...
The distinguished Prof. Shamnad Basheer recently launched an online petition in the form of a poem to make a fervent appeal to the invisible CLAT powers to make the critical shift to a permanent, centralized CLAT body that will conduct the CLAT examination every year. However, every effort till now ...
CLAT 2015 will go down in the history of national competitive exams in India as the most ludicrous and incompetent examination that openly insulted the intelligence of thousands of candidates and played with their careers with an unbelievably sick mentality. The entire CLAT 2015 affair reflected an ...
Law and journalism are two fields which demand up-to-date knowledge in this proliferating world. Neither of them is stagnant and obsolete. As a first year law student,I used to think that legal profession only meant to argue in courts. It was later that it dawned upon me that legal field has no peri...
Why This Ko-Law-Very ?? The moment you enter an elite Law school campus,you will be tired of answering this question to everyone, from your Orientation day to Farewell.One simple question -“Why law?” Few oversmart kids would try to impress the first class by saying “Because I couldn’t make it to IIT...
Introduction Law has been the most variegated stream ever since it was incorporated in the human society. When one thinks of a vocation in law the first image that strike its mind is a dexterous person, dressed in black and white, going through some gigantic books, running in and out the court, figh...
Photo by Gulshan Sachdeva, via here.
LIFE IS NOT SO FAIR AND LOVELY At the outskirts of the Metropolitan court, I begin my day with the sight of all street smart lawyers who are out for today’s hunt. The hunters instinct is still seen in them when their roving eyes are targeting their next catch cum client. Sipping the cutting chai and...
What happens when you spend 5 years of your law school having the time of your life. Like literally, time-of-your-life!!! [Time of your life- excludes any such activity that requires paying attention in classes, taking internships seriously, taking moots seriously and/or taking anyone/anything serio...
A lady (not a lawyer) Retired Justice Markandey Katju published a blog post today entitled “Lady Lawyers” . In typical Katju blogging fashion (whenever not causing a media storm about judicial corruption), it’s a trip down memory lane starting with his time as a lawyer in 1970 Allahabad. Katju is tr...
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Last year, European Union has ratified the ‘Right to Repair’ regulation. According to these regulations, the manufacturers of the household electronic appliances i.e. lighting, washing machines, dish washers, and refrigerators, will have to make it easier for the consumers to get them repaired. Thou...
by sflc_admin | October 9, 2017 According to the Cyber Laws and E-Security Group under Ministry of Electronics and Information Technology Group (MeitY), as many as 23,030 websites /URLs are currently blocked in India. This information was received as a reply to a Right to Information application fil...
by sflc_admin | October 4, 2017 We live in an era where human activity is producing unprecedented amounts of digital data. The popular saying these days is ‘data is the new oil’. The high value of this data along with the lack of awareness among people about rights has prompted corporations and gove...
by sflc_admin | September 27, 2017 The second Digital Citizen Summit was organised on September 21-22, 2017 by Digital Empowerment Foundation (DEF) and Friedrich Naumann Foundation for Freedom at India Habitat Centre, New Delhi. SFLC.in was an associate partner of the summit. The summit aimed at fin...
Notable technology and rights related litigations
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by sflc_admin | September 22, 2017 SFLC.in is organising a workshop on “Secure Communication ” in association with Sukhbir Singh, TOR Developer, on Saturday, September 23, 2017, from 11:00AM-:1:30 PM at the SFLC.in premises at K-9, Second Floor, Birbal Road, Jangpura Extension, New Delhi -110014 nea...
by sflc_admin | September 18, 2017 The ongoing Internet shutdown in Darjeeling, West Bengal completes 3 months today. This day, three months earlier, mobile Internet was shutdown in the city due to the ongoing agitation for a separate Gorkhaland. Two days later, on 20th June, the orders were extende...
Written by the Civil Liberties team at CCG A 9 judge bench of the Supreme Court of India passed a landmark judgment last week, which unanimously recognized the right to privacy as a fundamental right under the Constitution of India. The Court found the right to privacy to be a part of the freedoms g...
Today, the Supreme Court heard the ongoing matter of Sabu Mathew George vs. Union of India . In 2008, a petition was filed to ban advertisements endorsing sex-selective abortions from search engine results. Advertisements endorsing sex selective abortions are illegal under Section 22 of the PNDT Act...
by sflc_admin | September 4, 2017 On Sep 2, 2017, SFLC.in organized a discussion titled “Celebrating the Right To Be Let Alone” to commemorate the recent recognition of right to privacy as a fundamental right, discuss the privacy judgment, its key takeaways, the impact it will have on pending Aadhaa...
The sub-committee of Insolvency Law Committee (ILC) of the Ministry of Corporate Affairs, Government of India (MCA) in its report dated October 31, 2020 has proposed the framework for the pre-pack and prearranged insolvency resolution process which the Government may adopt with / without modificatio...
Analysis of the Condonation of Delay Scheme, 2018 of the Ministry of Corporate Affairs The Scheme is by way of a General Circular No.16/2017 dated 29 December 2017. It is in exercises of powers u/Ss. 403, 459 and 460 of the Companies Act, 2013. Who can avail the scheme? A company registered under th...
Diwali is one of the most anticipated and celebrated festivals in India. It is also a festival of giving gifts, which is often a challenge for compliance professionals who struggle with policies and nuances of law around this time, on giving gifts that might seem like bribes. Under the Prevention of...
The RBI has amended the Master Directions on Financial Services provided by Banks. This is a significant move permitting Banks to invest in Category II Alternative Investment Funds. As of June 30, 2017, Alternative Investment Funds ( AIFs ) had raised the cumulative figure of Rs. 48, 129 crores, aga...
Image credit: Scroll.in, September 26, 2017 Sociologists know that the formation and survival of civilization is conditional upon the universal adherence to a framework of acceptable norms and guidelines of human conduct and interaction. Moses therefore set out as God’s message, the directive to lov...
Financial investors in India are scared of regulatory uncertainties. Not that uncertainties are exclusive to our country but it’s a critical risk factor that is assessed by those making substantial investments. Historically, one of the most important regulatory concerns for such investors is related...
India has long recognised the right of foreign creditors to participate in the winding up of Indian companies. As early as 1961, the Supreme Court of India, in Rajah of Vizianagaram (AIR 1962 SC 500) , clarified that foreign creditors have the same right as Indian creditors in winding up proceedings...
Photo credit: Indian Express, August 23, 2017 Through its historic ruling delivered by a five-judge bench in the case of Shayara Bano and Ors v. Union of India on August 22nd 2017, the Supreme Court of India ( SC ) liberated Muslim women from the perpetual fear of arbitrary and whimsical divorce. Th...
The ability to attract large scale Foreign Direct Investment ( FDI ) into India has been a key driver for policy making by the Government. Prime Minister Modi seems to be going along the right track, with India receiving FDI inflows worth USD 60.1 billion in 2016-17, which was an all-time high. Henc...
On August 31st 2017, the Supreme Court of India in the case of Innoventive Industries Limited v. ICICI Bank Limited* delivered its first extensive ruling on the operation and functioning of the Insolvency and Bankruptcy Code, 2016 ( Insolvency Code ). The Court said that it is pronouncing its detail...