Limitations of Forming ‘Surveillance State’ under Surveillance and Social Media Accounts Linking Orders

In the post, Anirudh Vijay seeks to discuss the controversy over the formation of India as a ‘surveillance state’. Furthermore, he discusses the test of proportionality as used against this system of surveillance which, if imposed without restrictions will lead to the infringement of the right to privacy of the countrymen. Continue reading Limitations of Forming ‘Surveillance State’ under Surveillance and Social Media Accounts Linking Orders

The Power of the Securities and Exchange Board of India to Remove a Director

In this post, Saket Agarwal discusses the need of the Securities and Exchange Board of India to attain the power of removing a director, which essentially rests under the provisions of the Companies Act, 2013. He further elaborates upon the clash of powers between SEBI and NCLT, and how this shall create adverse effects for the investors and shareholders at large. Continue reading The Power of the Securities and Exchange Board of India to Remove a Director

BlogTalk 1.0: Mr. Apar Gupta on Intermediary Liability

In December 2018, MeitY released the Draft Information Technology [Intermediaries Guidelines (Amendment) Rules], 2018 (“the Draft Rules”) to amend the existing Intermediaries Guidelines. These rules have been the subject of much debate and criticism. In pursuance of the same, Digvijay S. Chaudhary, Senior Editor, RMLNLU Law Review, sat with Mr. Apar Gupta for a short discussion on Intermediary Liability in India and the changing paradigm. Our discussion followed from the law laid down in Shreya Singhal and how the draft rules violate it, the intersection of Intermediary Liability and the Copyright Act, the role of the government, fake news and more. Continue reading BlogTalk 1.0: Mr. Apar Gupta on Intermediary Liability

The Extent​ of Judicial Intervention in Entrance Examinations: When Results Don’t Match Expectations

In this post, Srijan Jha seeks to discuss the current scenario of the strenuous competitive exams with respect to India. He sheds light on the pattern of these exams along with the loopholes in the conduct of the same. Furthermore, he discusses the right to complain with reference to Article 14 and the legal recourse that shall be taken in case of such mismanagement. Continue reading The Extent​ of Judicial Intervention in Entrance Examinations: When Results Don’t Match Expectations

Host State, Victim State: Problematising the ‘Unable/Unwilling’ Test

The ‘unable or unwilling’ test allows a state to lawfully use force against non-state actors who are present in another state which is unable or unwilling to suppress the threat posed by the non-state actors. In this post, Ahmad Ammar and Arkaprava Dass seek to establish the test as fundamentally antithetical to Article 51 of the UN Charter pertaining to the use of force, and offer options to minimise collateral damage for both host and victim state. The article finds its premise in the Balakot Air Strikes of February 2019, wherein the Indian Air Force had targeted the training camps of a terror group based in Pakistan. Continue reading Host State, Victim State: Problematising the ‘Unable/Unwilling’ Test

Essar Steel Case: The ‘Upside-down’ of the Insolvency & Bankruptcy Code

In this post, Hansaja Pandya discusses the order of the NCLAT in the Essar Steel Case, and the potential dangers it has given rise to for the Indian debt market. The author highlights the fallacies present in the NCLAT order and emphasises upon the need for a balanced formula which does not discriminate against any creditor nor unduly favours any. Continue reading Essar Steel Case: The ‘Upside-down’ of the Insolvency & Bankruptcy Code

Application of the Limitation Act to Proceedings before Tribunals

In this post, Varun Rao seeks to rebut the non-applicability of the Limitation Act in tribunals. He puts forward a two-pronged argument, supported with case laws, revolving around the tribunals’ close nexus to courts themselves, and taking a liberal approach to the Limitation Act. Continue reading Application of the Limitation Act to Proceedings before Tribunals

Office of Public Prosecutor: A Much Needed Clarity

In this post the author seeks to discuss the pivotal role played by a Public Prosecutor in the criminal justice system. He further sheds light on the ambiguities in its definition and provides various guidelines to rectify the loopholes and protect the integrity of the office. Continue reading Office of Public Prosecutor: A Much Needed Clarity