Saturday, December 5, 2020

LATEST PRINT

Kahler v. Kansas: Insanity and the Historical Understanding of Mens Rea

The decision in the recent case of Kahler v. Kansas before the SCOTUS involves important issues in criminal jurisprudence. In this paper, an attempt has been made to trace the nuances of the different forms of defence the insanity plea can take and the practical implications of the same against the background of the Kahler [...]

The Enduring Gaps and Errors in Capital Sentencing in India

In the forty years since Bachan Singh upheld the constitutional validity of the death penalty in May 1980, there have been numerous concerns about the fate of the death penalty sentencing framework laid down by the majority. Inconsistent application, interpretational errors, and judge-centric decision making have dominated these concerns [...]

How Stereotypes about Indians are used to promote Abortion Restrictions in the United States?

Many state legislatures in the United States have passed restrictions on abortion for purposes of selecting the sex of the child. Advocates for these bans are using the widespread crises of sex-selective abortion in India to push for the prohibitions in the U.S. They argue that immigrants from India abort female fetuses [...]

Crimes by Children in Conflict with the Law – Heinousness, Acceptability, and Age of Adulthood: A Comprehensive Critique of the Present Juvenile Justice System

The underlying nature of the Juvenile Justice system has undergone a substantial change with the adoption of the Juvenile Justice (Care and Protection of Children) Act, 2015. The new Act has widespread implications on the manner in which children in conflict with the law are understood and treated [...]

Admissibility and Proof of RTI Documents under the Indian Evidence Act

The Right to Information Act, 2005 (‘RTI Act’) is frequently used in civil and criminal litigation to obtain government documents. However, the RTI Act is silent about the admissibility and proof of such documents in a trial. High Courts across the country have interpreted the Indian Evidence Act, 1872 and handed down conflicting decisions in this regard [...]

An Empirical Assessment of the Collegium’s Impact on Composition of the Indian Supreme Court

With an analysis of data spanning over seventy-two years, we have highlighted how the collegium has altered the composition of the Supreme Court. While the regional diversity of the court has improved in a relative sense, professional diversity in the court has deteriorated alarmingly [...]

The General Executive Power of the Union of India and the Commonwealth of Australia: A Comparative Analysis

The substantive content and ambit of the general executive power of “the Union” of India and of “the Commonwealth” of Australia, provided for in Article 53 and section 61 respectively of their constitutions, is a most significant issue confronting constitutional law in both India and Australia. Reference is made to “general” executive [...]

Carbon Tax as Discrimination: Revisiting the Legal Standard of National Treatment in WTO Law

This paper explores the possibility of an alternative take on the current understanding of the GATT national treatment obligation, especially in the assessment of the possible discriminatory impact of a carbon tax [...]

Insider Trading: Circumstantial Evidence is Evidence Enough?

The Securities and Exchange Board of India (‘SEBI’) is under constant pressure to secure the integrity of the securities market while also ensuring that development of the securities market is not deterred by its overreach [...]

LATEST ONLINE

Crisis Cartels During the Pandemic: A Beacon of Hope for the Indian Economy?

The COVID-19 pandemic has wreaked havoc on the global economy, thereby bringing various antitrust issues to light. One such issue pertains to whether competition authorities should consider allowing crisis cartels to function. I argue that an exemption for restructuring cartels is necessary to deal with the current economic crisis, specifically the problem of overcapacity. I substantiate my argument with examples of Indian industries that are currently plagued by overcapacity.

Indus Biotech v. Kotak: Interactions Between Insolvency and Arbitration Regimes In India

Across several jurisdictions, there is an ongoing discussion regarding the intersection and interaction between insolvency and arbitration laws. In the Indian context, recently, the National Company Law Tribunal (‘the NCLT’), Mumbai Bench, delivered an intriguing and pioneering judgement in Indus Biotech v.Kotak India.

Searching for the Goal of the Indian Competition Act, 2002

The overriding goal of Indian competition law is enhancement of end-consumer welfare. It is this that must consistently determine appreciable adverse effect on competition [‘AAEC’] and dominance analysis, in CCI decisional practice. To make this argument, I examine various aspects of the Act, concerning predatory pricing, monopsony power, mergers, [...]

Reorganisation of Special Courts under the Maharashtra Control of Organised Crime Act – A Step Forward

This article evaluates the Government of Maharashtra’s initiative of state-wise decentralisation of the MCOCA Special Courts. To substantiate the argument, I analyse the judicial business of the MCOCA Special court, Pune, which caters to five districts of Western Maharashtra, namely, Sangli, Kolhapur, Satara, Pune and Solapur [...]

The Jammu and Kashmir Public Safety Act: Looking into the Failure of Human Rights Challenges Against the Law

Farooq and Omar Abdullah, Mehbooba Mufti, and Shah Faesal are some of the well-known names who have been detained by the state, time and again, under the Jammu and Kashmir Public Safety Act (‘PSA’). Even though these people too have faced a harrowing experience, they have still been fortunate enough to get the media attention, the resources, as well as the support to legally challenge their detentions.

Treading the Line Between Arbitrability and Serious Fraud: An Analysis of Avitel Post Studioz Ltd. v. HSBC PI Holdings (Mauritius) Ltd.

The judgment in Avitel Post Studioz Ltd.v. HSBC PI Holdings (Mauritius) Ltd.is the latest in a series of judgments delivered by the Supreme Court of India in recent years engaging with the question of arbitrability of fraud. This article discusses the thematization of the arbitrability of fraud by the Supreme Court in this judgment, analyzing its contribution to the jurisprudence on the topic.

Trading in Guilt: Unreliability and Institutional Abuse of Sec. 30, Indian Evidence Act

In India, the confession of a co-accused has been provided in Section 30 of the Indian Evidence Act. Section 30 provides that courts may consider the confession of a co-accused against the accused if the confession affects both of them when they are tried jointly. However, such confession may only be used as an additional support [...]

Bright-Lines, Blurred-Lines, and Between-the-Lines: Interpretative Dogmas in Service Law

In practice, not all Service Rules are read alike. Intertwined with political considerations, these Rules raise several jurisprudential difficulties of interpretational consistency, jurisdictional competence, and realpolitik effect. While some Rules are proclaimed as absolute, others are spoken with negotiability; and on rarer occasions, there are whispers of surreptitiousness. The question that arises is whether there exists a uniform judicial approach in Service Law interpretation

Structural Interpretations in Article 25 – Clarifying the Meaning of ‘Freedom’

what is the extent of freedom that is guaranteed under A. 25 (‘the question’)? Prima facie, it may seem as if the answer to this question is very easy. I argue that the opening words of Art. 25 ‘subject to’ can indeed be given differing interpretations, and that the SC has adopted a certain approach implicitly (in that it does not form a part of the court’s analysis explicitly) in Sabarimala. I will clarify the exact meaning (and implications) of the question posed above [...]