Categories
Constitutional Law Rights Adjudication

State Performances of Nationalism in School Assemblies

Geeta Kanwar Introduction Can a state-owned educational institution mandate recital of shlokas from Hindu scriptures? This question has emerged in the recent petition filed by Advocate Veenayak Shah in the Supreme Court. The plea challenges the constitutional validity of Rule 92 of Revised Education Code of Kendriya Vidyalaya Sangathan (Education Code) as violative of Article […]

Categories
International Law

Annihilation of Democracy: Hong Kong’s National Security Law

Abhijeet Kashyap Introduction At a time when the whole world is facing the brunt of the deadly coronavirus, citizens of Hong Kong are facing the gravest form of human rights violation. Since mid-2019 the protests in the region have been in the media’s  spotlight across the world. These protests are nothing new for a nation […]

Categories
Coronavirus Policy

Circumvention of Right to Work by the Bar Council of India Rules in the Light of the COVID-19 Disaster

Abhiraam Shukla Introduction In a recent judgment, the Supreme Court reiterated that members of the Bar cannot earn their livelihood by any other means. The judgment was delivered during the suo moto proceedings in a case concerning financial difficulties being faced by lawyers, who are at a loss of work, amid the COVID-19 pandemic[1]. Time […]

Categories
Policy

India’s Data Protection Bill, 2019: Remedy to Privacy Plight or Beginning of Authoritarian State?

Siddhant Dubey & Umang Sethi In 2017, the Supreme Court of India in the matter of Justice K. S. Puttaswamy vs Union of India declared privacy as a fundamental right and endorsed the need for a robust legal framework in India concerning data protection.  Further, in 2018, the European Union enacted the General Data Protection […]

Categories
Arbitration

Arbitrability of Insolvency Disputes: A Case Study of the Kotak Group vs Indus Biotech Case

Vishesh Jain & Dhruv Sirpurkar In June 2020, the Mumbai Bench of the National Company Law Tribunal (NCLT) pronounced its decision in the Kotak India Venture Fund vs Indus Biotech Pvt. Ltd. Case, dismissing the Section 7 IBC petition filed by Kotak. The court opined that the arbitration clause of the agreement was wide enough […]

Categories
Constitutional Law Policy

Procedure to Employ CBI Investigation in India: A Long Due Revision

Shubham Gupta The ongoing controversy of Actor Sushanth Singh Rajput’ death has raised various questions regarding the procedure relating to registration of FIRs  and Investigations. One such issue is the recommendation of investigation by the Central Bureau of Investigation (CBI). In the above-mentioned scenario, there was a constant tussle between the centre and state about […]

Categories
Antitrust

A Need for a Close Scrutiny in Combinations Involving a Maverick Firm

Akash Thomas Jose Introduction Antitrust regulators across the world have recognised the role of a Maverick firm in enhancing competition, which proves beneficial to serving the objective of antitrust regulations, i.e., increasing consumer welfare. Maverick firms thus satisfy the said objective by playing a ‘disruptive role’ in the market, as they have a greater economic […]

Categories
Arbitration

Independence of Party Appointed Expert: The Unsettled Law in International Arbitration

Harshal Sareen Introduction The issue of independence of party-appointed experts is at the forefront of debate and discussion amongst arbitration enthusiasts and policy drafters. The question of whether or not there is a need for independence in relation to a party-appointed expert is still unclear. However, the opinion seems to be divided regarding the requirement […]

Categories
Constitutional Law Policy

Can the Padmanabhaswamy verdict free Hindu temples?

Pratyush Kumar Jena &Vishal Choudhury On 13th July 2020, a two-judge bench of the Supreme Court delivered its judgement in the Padmanabhaswamy Temple case. The case was pending before the Court since the decision of the Kerala High Court on 31st January 2011, which the Apex court has now overturned. The case dealt with some […]