Constitutional Law

From Commodity to Fundamental Right: Is Denial of Access to Electricity a Violation of Article 21?

In this article, the author examines the critical role of electricity in modern life and its evolving recognition as a Fundamental Right under the Indian Constitution. It explores the legislative and judicial developments that have transformed electricity from a taxable commodity to an essential service, culminating in its acknowledgment as a basic necessity under the Right to Shelter and Right to Life (Article 21). Through an analysis of key statutes and landmark judgments, the author argues for a rights-based approach to electricity access, emphasizing its indispensability in ensuring equal opportunities, socio-economic development, and a dignified standard of living for all citizens. Continue reading From Commodity to Fundamental Right: Is Denial of Access to Electricity a Violation of Article 21?

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Media

Behind the Lens of Drama: Who Truly Owns the Behind-the-Scenes Gold in Light of Dhanush v. Nayanthara – The Producer or the Camera Artist?

The author explores the ongoing copyright dispute between actor Nayanthara and producer Dhanush over a 3-second behind-the-scenes clip from Naanum Rowdy Dhaan used in Nayanthara’s Netflix docu-drama Nayanthara: Beyond the Fairytale. The central issue revolves around whether the producer or the individual capturing the footage owns such content, particularly when filmed on personal devices. By analyzing Indian copyright law, which defaults ownership to producers but allows exceptions, the author examines factors like contractual terms, fair use, and the de minimis principle. The case’s resolution, potentially hinging on whether the use is transformative or competitive, could set a critical precedent for copyright ownership in Indian cinema. Continue reading Behind the Lens of Drama: Who Truly Owns the Behind-the-Scenes Gold in Light of Dhanush v. Nayanthara – The Producer or the Camera Artist?

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Posts

Extended | Call for Papers: RMLNLU Journal on Communication, Media, Entertainment & Technology Law [Volume 12]: Submit by 10th February, 2025

About RMLNLU Dr. Ram Manohar Lohiya National Law University is an institute for law in Lucknow, Uttar Pradesh, India. Dr. RMLNLU was established in the year 2005, and since then, has been providing undergraduate and post-graduate legal education. About the Journal Committee The Committee was constituted with the objective of promoting legal research and writing. Apart from conducting the RMLNLU International Legal Essay Writing Competition … Continue reading Extended | Call for Papers: RMLNLU Journal on Communication, Media, Entertainment & Technology Law [Volume 12]: Submit by 10th February, 2025

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Family Law

The Fallout of Hasty Deletion of Pious Obligation in Vineeta Sharma v Rakesh Sharma & Ors (Part 2)

In this article, the author analyses the removal of the doctrine of pious obligation in the Hindu Succession (Amendment) Act, 2005 and exemplifies how well-intentioned legislation can falter due to poor drafting. Section 6(4) seeks to abolish this doctrine, but its accompanying proviso introduces ambiguities that the Supreme Court addressed in Vineeta Sharma v Rakesh Sharma and Ors. Unfortunately, this resolution has further disadvantaged daughters rather than providing clarity. This analysis argues that the court’s interpretation of Section 6(4) misaligns with the legislature’s intent and outlines the serious implications of such a misinterpretation. Continue reading The Fallout of Hasty Deletion of Pious Obligation in Vineeta Sharma v Rakesh Sharma & Ors (Part 2)

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Family Law

The Fallout of Hasty Deletion of Pious Obligation in Vineeta Sharma v Rakesh Sharma & Ors (Part 1)

In this article, the author analyses the removal of the doctrine of pious obligation in the Hindu Succession (Amendment) Act, 2005 and exemplifies how well-intentioned legislation can falter due to poor drafting. Section 6(4) seeks to abolish this doctrine, but its accompanying proviso introduces ambiguities that the Supreme Court addressed in Vineeta Sharma v Rakesh Sharma and Ors. Unfortunately, this resolution has further disadvantaged daughters rather than providing clarity. This analysis argues that the court’s interpretation of Section 6(4) misaligns with the legislature’s intent and outlines the serious implications of such a misinterpretation. Continue reading The Fallout of Hasty Deletion of Pious Obligation in Vineeta Sharma v Rakesh Sharma & Ors (Part 1)

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Arbitration

Section 44(b) of the Arbitration and Conciliation Act, 1996: Roadblock to Pro-Arbitration India?

The article explores the fundamental question of whether enforcement of a foreign award strictly requires the condition under Section 44 to be met. Section 44 deals with the enforcement of foreign awards made by a contracting state to the New York Convention. It further goes on to put an additional layer that the Official Gazette of India must notify the state. The article explores this reservation and its impact on the pro-arbitration stance of India. Continue reading Section 44(b) of the Arbitration and Conciliation Act, 1996: Roadblock to Pro-Arbitration India?

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RMLNLU International Legal Essay Competition

Merger Control In Developing Nations: Is Green Channel Taking India Through The Correct Route?

In this article the authors delve into how merger control is an essential element of competition law and aids in developing and sustaining a fair and healthy economy. The introduction of the Green Channel Route as an automatic mechanism for the approval of combinations is a step in the right direction. However, there are certain issues regarding the implications and implementation of such a procedure. This essay aims to analyse the Green Channel Route vis-a-vis merger control policies and mechanisms used in other developing economies, namely South Africa and Brazil. The implications that the Green Channel route has upon the holistic development of the Indian economy is analysed in light of the incorporation of Public Interest Considerations in South African merger control policy. Further, the essay analyses the fast-track procedure for merger approvals present in Brazilian competition law. It goes on to argue that certain procedural mechanisms present in the Brazilian fast-track procedure may be added to the Green Channel Route in order to increase certainty and accountability. Finally, the essay concludes by offering suggestions as to how these lessons from foreign jurisdictions may be incorporated into the Indian merger control regime. Continue reading Merger Control In Developing Nations: Is Green Channel Taking India Through The Correct Route?

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RMLNLU International Legal Essay Competition

Exploring Anti – Competitiveness in Standard Essential Patents; A Law and Economics Perspective.

In this article the authors delve into that how Patent and Competition Laws often conflict due to their contrasting goals: patent laws encourage innovation through exclusivity, while competition laws ensure market efficiency by preventing monopolistic practices. This tension is particularly evident in the case of Standard Essential Patents (SEPs), which are crucial for technology standards and can lead to market dominance and potential abuse. The recent Delhi High Court ruling that grants exclusive jurisdiction over SEPs to patent laws overlooks the role of competition laws in addressing anti-competitive behavior. This essay critiques the ruling, arguing that the Competition Commission of India (CCI) should also have a role in regulating SEPs to ensure fair competition and consumer protection. The essay advocates for a balanced approach where both patent and competition laws work together to prevent abuses and maintain market fairness, emphasizing that the CCI’s expertise in market regulation is vital for addressing the economic impacts of SEPs. Continue reading Exploring Anti – Competitiveness in Standard Essential Patents; A Law and Economics Perspective.

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RMLNLU International Legal Essay Competition

Call for Entries: 12th RMLNLU-Lakshmikumaran & Sridharan International Legal Essay Writing Competition and Conference on Insolvency Law: Submit by 13 September, 2024.

RMLNLU along with Lakshmikumaran & Sridharan is organising a Legal Essay Writing Competition and Conference on “Insolvency Law”.  Entries for the same are invited from interested law students.   About RMLNLU RMLNLU was established in 2006 to impart quality legal education to students all over the country and to meet emerging challenges in the field of law. RMLNLU is committed to providing excellent infrastructure to … Continue reading Call for Entries: 12th RMLNLU-Lakshmikumaran & Sridharan International Legal Essay Writing Competition and Conference on Insolvency Law: Submit by 13 September, 2024.

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labour law

The Erosion of the Labour Rights of Government Employees in the Name of Constitutional Protections (Part 2)

In this piece, the author aims to emphasise the insufficiency of constitutional safeguards provided to public servants. It argues that special privileges granted under Article 309 do not justify the deprivation of fundamental labour rights. In doing so, the paper highlights the Supreme Court jurisprudence and traces the colonial origins of the privileges. The article further evaluates the concerns by analysing doctrinal ideas of labour law and offers proposals to guarantee fundamental labour rights for government employees. Continue reading The Erosion of the Labour Rights of Government Employees in the Name of Constitutional Protections (Part 2)

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