A CASE IN SUPPORT OF RETAINING SECTION 124A (Part-2)

The intent of the author through this piece is to present a case in support of retaining Section 124A. To build the case, the piece is divided into two parts – Part –I give a brief legislative history and judicial interpretations of the provisions along with an understanding of the provision. Part II entails a critical analysis of commonly cited arguments made in favor of repealing the provisions. Finally, a conclusion is drawn along with suggestions. Continue reading A CASE IN SUPPORT OF RETAINING SECTION 124A (Part-2)

A CASE IN SUPPORT OF RETAINING SECTION 124A (Part-1)

The intent of the author through this piece is to present a case in support of retaining Section 124A. To build the case, the piece is divided into two parts – Part –I give a brief legislative history and judicial interpretations of the provisions along with an understanding of the provision. Continue reading A CASE IN SUPPORT OF RETAINING SECTION 124A (Part-1)

Working Hours And The New Labour Code: The Need To Reconsider

In this article, the authors analyze the codification of the labour codes as has been initiated recently by the labor ministry of the country and the combination of the present legislations into such codes. The codes have been examined on lines of international legislations and conventions prevalent in this regard and compares the same with the provisions of the code as has been envisioned in the codes. The codes also have been analysed on the yardsticks of how well they are fair in terms of the basics of labour laws and the rights of labour that needs to be respected and kept intact while drafting the codes. Continue reading Working Hours And The New Labour Code: The Need To Reconsider

The Fate of Delayed Claims Reflected in Records of the Corporate Debtor

In this article the authors have analyzed the recent trend of NCLAT rulings wherein it decides on accommodating the delayed claims after the approval of the resolution plan and inclusion of delayed claims in the information memorandum based on the records of the corporate debtor. The authors explore the implications of the ruling on the objective of the Insolvency and Bankruptcy Code 2016, including the sacrosanct timeline, and the stakeholders involved in the process. The authors conclude by highlighting the need to address the conundrums that would ensue. Continue reading The Fate of Delayed Claims Reflected in Records of the Corporate Debtor

The Constitutionality of a Non-sectarian Requirement: The US Supreme Court’s Considerations on Religious Schools’ Funding

In this article, the author analyses the pending U.S. Supreme Court case Carson v. Makin which delves into the complex question of whether state laws could prohibit funding to sectarian educational institutions, in an otherwise general funding aid scheme for secondary school students. The Court’s decision may have a consequential impact on funding for religious schools, requiring keen attention to First Amendment jurisprudence, owing to a complicated judicial history about the Free Exercise and Establishment clauses. This piece particularly comes in light of a line of recent decisions raising concern over discrimination against sectarian interests. Continue reading The Constitutionality of a Non-sectarian Requirement: The US Supreme Court’s Considerations on Religious Schools’ Funding

The Curious Case of Reverse Corporate Veil Piercing and the IBC

In this article, the authors, assess the inclusion of reverse corporate veil piercing in the Indian insolvency jurisprudence. In doing so, the authors trace the evolution of the concept with the Indian legal system and analyse the ways to include it within the current insolvency scenario. The authors conclude that while the principle may be legally recognised, it must not be readily implied. Continue reading The Curious Case of Reverse Corporate Veil Piercing and the IBC

A Watchful Eye at Work: Evolving Workplaces and Emerging Employee Privacy Concerns (Part-2)

In the second part of this series, the authors examine the necessity of various surveillance measures that have been introduced in recent times and look at various domestic and international legislations to propose a robust and right-based framework to safeguard employees’ privacy.
Continue reading A Watchful Eye at Work: Evolving Workplaces and Emerging Employee Privacy Concerns (Part-2)

A Watchful Eye at Work: Evolving Workplaces and Emerging Employee Privacy Concerns (Part-1)

In the first part of this series, the authors analyse the transformation that workplaces and employee monitoring practices have undergone in light of increasing digitisation, remote work and the COVID-19 pandemic. They highlight how monitoring employees’ performance at work borders on surveillance and intrudes upon employees’ privacy in disproportionate and unjustified ways. Continue reading A Watchful Eye at Work: Evolving Workplaces and Emerging Employee Privacy Concerns (Part-1)

Pakistan and Investment Arbitration: Are they Closer to a Line in the Sand?

In this post, the authors map the journey of Pakistan in the investment arbitration regime from advocating, promoting, and endorsing to regulating and constraining its purview. The authors suggest that Pakistan’s BIT programme should undergo a systemic shift to promote itself. Continue reading Pakistan and Investment Arbitration: Are they Closer to a Line in the Sand?