In this post, the author highlights how Chanda Kochhar’s charge of “Criminal Breach of Trust” provides the courts an opportunity to develop an individualised jurisprudence for section 409 of the Indian Penal Code. The existent jurisprudence surrounding section 409 conceptualises it as a mere footnote to the more general provision of section 405. Although the courts have previously acknowledged the distinct nature of section 409, the same acknowledgement and understanding is not reflected in their interpretative exercise. The author, thus, argues that the courts must culminate the tradition put into motion by the courts in these previous cases by harmonising the general provision of section 405 with section 409’s unique characteristics.
Continue reading Chanda Kochhar’s liability under IPC Section 409
In this post, the author analyses the meaning and scope of ‘forced labour’ under Article 23(1) by delving into the Constituent Assembly debates and the jurisprudence on forced labour. The author then relies on the standard in PUDR v. Union of India to analyse forced labour during the pandemic. Finally, the author argues against the applicability of the test of proportionality to Article 23, and thereafter concludes by highlighting the limitations of the transformative jurisprudence under Article 23.
Continue reading Analysing ‘Forced Labour’ Jurisprudence in light of the Pandemic
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 second part of the series uses Ronald Dworkin to elaborate upon how constitutional rights would function as limitations that must be observed by courts to ensure that the interpretive discourse retains ‘justice-qualities’ in the light of broad and vague provisions of the Goonda Act. Continue reading Analysing the Scheme of Open Texture of Legal Language in the Goonda Act, 2021 (Part 2)
This blog series throws light upon the controversy surrounding ‘Lakshadweep Prevention of Anti-Social Activities Regulation 2021’ using the understanding of the core and penumbra. The first part of the series shows how open texture inhabits most of the provisions of the Goonda Act and how it can prejudice the adjudication process. Further, the first part shows that reversion to ‘rights’ as indicators of ‘justice-quality’ of judicial discourse is apt in ‘Hard Cases’ in the backdrop of the Goonda Act. Continue reading Analysing the Scheme of Open Texture of Legal Language in the Goonda Act, 2021 (Part 1)
By: Advaya Hari Singh INTRODUCTION On 6th September 2018 the Supreme Court had its “moment of atonement”, a moment which comes seldom in the history of constitutional adjudication. This was the moment when Supreme Court decriminalized Section 377 to allow a marginalized section of the society to truly realize their constitutional guarantees in a democracy. These moments allow the Apex Court to pause and reflect on … Continue reading The Salience of Mill’s Individualism in the Navtej Singh Johar Judgment
By: Utkarsh Agarwal A couple of days ago, I came across a question on Quora: “Is Law a science?” It is a clichéd question with several ways to approach it. In my enthusiasm, I wrote an answer about how the facts of an individual case shape the law and there is no one fixed hypothesis that governs the functioning of law, and therefore, law is … Continue reading Is Law Science?
By: Abhishek Dwivedi “If you have ten thousand regulations you destroy all respect for the law.” – Winston S. Churchill In 2014, when the new Indian government took charge, one of the first priorities it listed in its election manifesto was to repeal a host of redundant and obsolete laws. The idea was to simplify the doing of business in the country and emphasize the Make-in-India scheme. … Continue reading Law as a Tool to Protect