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Anti-Ragging Laws in India
BY DR. SAILAJA PETIKAM. Ragging is the term used for the so-called “initiation ritual” practiced in higher education institutions in South Asian countries, including India, Pakistan, Bangladesh, and Sri Lanka. The practice is similar to hazing in North America, bizutage in France, and praxe in Portugal, and other similar practices in educational institutions across the…
Sedition Laws in India
BY ARUSHI SRALECH. The core issue that arose was whether ‘sedition’ is used as an exception under Article 19(2). Finally, in 1962, in Kedar Nath v. State of Bihar, the Supreme Court dealt with the constitutionality of Section 124A of the IPC. The matter was heard by a five-judge bench headed by Chief Justice B.P.…
Evolving Beyond the Traditional Role of a Chief Legal Officer
BY SUBHIECHANA SHAW. The in-house counsel revolution, which saw its first developments brewing in the late 1970s, envisioned a critical role for the General Counsel as a lawyer-statesperson, moving beyond the scope of the law, and including matters of ethics, risk, governance, and compliance. With increasing reach and power, the General Counsel is now participating…
Open Letter to Hon’ble the Chief Justice of India: Capital Punishment in a New Avtar – Part III
BY Ranjit Kapoor. Your comments in the Economic Times dated 10th August 2018 to keep criminals away from politics could not have come at a better time than now, when a distinct erosion of values is visible. We see that criminals are still eligible to become lawmakers despite repeated cries. An entrepreneur of today is…
Applicability of GDPR on goods and services offered over the websites outside the European Union
By Smith Chandra The General Data Protection Regulation (GDPR) harmonizes data protection laws in the EU to make them fit for purpose in the ever-evolving internet age. It aims to bring better transparency to help support the rights of individuals and grow the digital economy. The regulation imposes new rules on companies, government agencies, non-profits,…
Role Of Governor In Appointment Of Chief Minister
By Sarvesh Kumar Shahi The role of the Governor has emerged as one of the key issues in Union-State relations. Problems which arose in the working of Union-State relations were mostly matters for adjustment in the intra-party forum and the Governor had very little occasion for using his discretionary powers. The role of the Governor…
Ordinance on Fugitive Economic Offenders
By Dr. Sailaja Petikam Under the Indian Constitution, an Ordinance is a specific kind of executive decision (issued by a Governor or President on the advice of the State or Centre Government respectively) that operates as a law. Although law making power usually lies with the legislative branch of the government, the executive is given…
Virtual Currencies In India
By Nandini Garg India is continually striving towards becoming a “digital” economy. Both public and private sectors have made efforts in this regard. Widespread use of mobile phones and internet, e-filing of taxes, e-payments for purchases etc. evidence this. Virtual currency is one such hotbed in the era of digitisation, innovation and technology. A virtual…
Shafin Jahan V. Asokan K.M. & Ors
By Mehr Kaur The Supreme Court of India on 8th March, 2018, in a surprising yet vital order set aside the decision of the Kerala High Court that annulled the marriage between Akhila Asokan aka Hadiya and Shafin Jahan. The case is not one to be remembered for its decision by the High Court based…
Is Judiciary Under Attack
By Anoop Bose Pandit Jawaharlal Nehru once remarked, ‘Events crowd in upon us in such quick succession that we are apt to miss their true significance.’ This is particularly true of the unhealthy drift of events in the Supreme Court of India in recent times. The general reverence formerly paid to judges of the Supreme…