Categories
Criminal

Criminalisation of Mob Lynching under the Bhartiya Nyaya (Second) Sanhita 2023

Ayush Agrawal and Shriyaditya Shrivastava Mob lynching is a barbarous act of community “justice,” where an individual is lynched to death as a form of punishment for the alleged wrong, without the involvement of the legal machinery. Over the years, India has experienced rising cases of mob lynching. However, the same is not recognized as […]

Categories
Privacy Law

Know Your Verifier: A Comment on the Law and Practice of Mandatory Aadhaar Authentication Procedures

Sankalp Srivastava Introduction This article is written broadly in the context of the documented categories of misuse of the Aadhaar regime to impose mandatory authentication by private players and the State.  For instance, private service providers continue to make Aadhaar mandatory for availing their services. In many cases, it goes unreported, but there are documented […]

Categories
Constitutional Law

Parliamentary Powers in Question: Analysing the Controversy Surrounding Mahua Moitra’s Expulsion and the Constitutional Landscape of Indian Legislative Authority

Sashank Saravanan and Kanan Shivhare Introduction In the hallowed halls of the Indian Parliament, where debates shape the destiny of a nation, a recent controversy has ignited a fervent discourse on the powers vested in the legislative body to regulate the conduct of its members. The expulsion of Trinamool Congress MP Mahua Moitra from the […]

Categories
Constitutional Law

The Value of Inter-Judicial Dialogue for Constitutional Transformation: The Case of India and South Africa

Parth Goyal Introduction In November, 1949,  Dr. B.R. Ambedkar delivered his final remarks as Chairman of the Constitutional Drafting Committee before the Constituent Assembly of India, elaborating a grand and noble vision for the transformative project that was the Indian Constitution.  He stressed that India must “hold fast to constitutional methods of achieving [its] social […]

Categories
TeLawgram

’21 Week 12 (19/03 – 26/03)

This week saw major developments in the legal arena with the Supreme Court of India deciding on multiple important cases such as the Tata Sons case and the Parliament passing the Government of National Capital Territory of Delhi Bill. We shall be travelling from India to New Zealand, Turkey and the United States to view various developments in policy, arbitration and intellectual property. Happy Reading!

Categories
TeLawgram

’21 Week 9 (26/02-03/03)

This week saw major developments in the legal arena with the Supreme Court of India allowing High Courts to quash FIRs using the writ jurisdiction and the Westminster Magistrate Court allowing the extradition of Nirav Modi to India and much more. Happy Reading!

Categories
TeLawgram

TeLawgram Jan, 2021 – Roundup

Hello, this past week has seen several developments ranging from the Supreme Court staying the Bombay High Court judgment which ruled that skin-to-skin contact necessary for offence of ‘sexual assault’ under POCSO to the US Congressional Commission declaring a ‘possible genocide’ against Uighurs in China.
Happy Reading!

Categories
Coronavirus Securities

Loot a house when it is on fire? : The fear of Chinese Hostile Takeovers during COVID 19

By Shreya Shrivastava The COVID-19 pandemic has had a profound economic impact across the globe. The entire industrial sector has come to a halt and unemployment claims are soaring high with an all-time low demand, courtesy of government-mandated restrictions. It is quite obvious that this resulting market will likely bring a rise in instances of […]