Category: Posts

Information Technology, Posts

Are Data Protectionist Measures Trade/Investment Barriers?

In this post, Priyadarsini seeks to explore the extent up to which the actions of State in the name of “data protection” can go against the ease to trade or investment with the help of several case laws and the GATS treaty. She, further, explains the situation prevailing in different parts of the world and identifies the loophole against which the law needs to be revised. Continue reading Are Data Protectionist Measures Trade/Investment Barriers?

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Posts, Public Policy

Initiation of Proceedings for Criminal Contempt of Court: Where to Draw the Line?

In this post, Tanishk Goyal seeks to criticise the immunisation of the individual judges from public scrutiny or criticism along with the absolute exemption of the Judges of the Courts of Record from the purview of the Contempt of Courts Act, 1971. He further suggests a framework which harmoniously construes the Contempt of Courts Act, 1971 with the contempt provisions thus, placing the seat of justice of the lower and higher judiciary, at an equal pedestal when it comes to matters of criminal contempt. Continue reading Initiation of Proceedings for Criminal Contempt of Court: Where to Draw the Line?

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Constitutional Law, Posts

Untouchability: The Inadequacy of Purity-Pollution Analysis: Part II (Discrimination on Grounds of Race and Place of Birth)

In the concluding post of the two-part blog series on the inadequacy of the purity-pollution analysis of untouchability, Uttara Vijayakumar examines how the prohibition of discrimination based on race and place of birth is also underwritten by notions of supremacy and inferiority, thus culling out notions of supremacy and inferiority as the scheme of Article 15(2). Continue reading Untouchability: The Inadequacy of Purity-Pollution Analysis: Part II (Discrimination on Grounds of Race and Place of Birth)

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Constitutional Law, Posts

Untouchability: The Inadequacy of Purity-Pollution Analysis: Part I (Social Exclusion based on Supremacy-Inferiority as Untouchability)

In the first post of the two-part blog series on the inadequacy of the purity-pollution analysis of untouchability, Uttara Vijayakumar sheds light on the inadequacy of restricting the definition of untouchability to only those instances of social exclusion based on purity and pollution, and consequentially the need to include social exclusion based on arbitrary notions of supremacy and inferiority under Article 17. Continue reading Untouchability: The Inadequacy of Purity-Pollution Analysis: Part I (Social Exclusion based on Supremacy-Inferiority as Untouchability)

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Posts, Public Policy

Liability of the Endorser of a Brand in Light of the Consumer Protection Bill, 2019

In this post, Saket Agarwal attempts to assess the liability of the endorser of a brand while appreciating the recently passed Consumer Protection Bill, 2019, questions the extent of the penal provisions introduced and identifies gaps that are required to be filled in order to render the same foolproof. Continue reading Liability of the Endorser of a Brand in Light of the Consumer Protection Bill, 2019

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Constitutional Law, Posts

The Muslim Women (Protection of Rights on Marriage) Act, 2019: An Evaluation through Article 14

In this post, Gaurav Puri seeks to discuss the anomalies of the Muslim Women (Protection of Rights on Marriage) Act 2019. In the same context, he discusses the features of the Act and analyses its constitutionality with respect to the three constitutional tests under Article 14. Continue reading The Muslim Women (Protection of Rights on Marriage) Act, 2019: An Evaluation through Article 14

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Intellectual Property, Posts

The Difference that Matters: Claim Interpretation vs. Claim Construction in Patent Law

In this post, the authors attempt to highlight the difference between claim interpretation and claim construction in patent law, explain how claim construction is to be done in light of the standard set in Phillips v. AWH Corp. and weigh the priority of intrinsic evidence as against extrinsic evidence in determining the legal scope of a claim. Continue reading The Difference that Matters: Claim Interpretation vs. Claim Construction in Patent Law

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Human Rights, Posts, Public Policy

The National Registry of Indian Citizens Exercise: A Mammoth Step Towards a Demographic Debacle

In this post, Venkata Supreeth discusses the idea of the National Registry of Indian Citizens as a necessary evil to combat the problem of infiltration, and identifies problems which may arise out of the Government’s attempt to erase the results of decades of negligence. Continue reading The National Registry of Indian Citizens Exercise: A Mammoth Step Towards a Demographic Debacle

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Constitutional Law, Posts

As Clever As it Gets: On the Presidential Order Amending Article 370

In this post, Digvijay Chaudhary attempts to establish how the Presidential Order amending Article 370 is untenable in law by re-interpreting the provisions of the article with reference to the judgments in Sampat Prakash and Puranlal Lakhanpal, and proves the process of amendment followed to be twisted and contrary to the Constitution. Continue reading As Clever As it Gets: On the Presidential Order Amending Article 370

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