Category: Critical Analysis
-
Hate Speech: Are The Existing Provisions Really Not Enough?
Recently, alleged inflammatory speeches were made in a religious gathering held in December 2021 in Haridwar, Uttarakhand. It is alleged that calls for genocide against the Muslims and other minorities were made by the religious leaders of Hinduism in order to ‘protect’ Hinduism. There were arguments made that the current Indian Penal Code (IPC) provisions…
-
Rights of Rivers: A Comparative and Critical Analysis
Introduction Recently the Uttarakhand High Court expanded the environment justice jurisprudence by metes and bounds after its adjudication on the Rights of Rivers in Lalit Miglani V State of Uttarakhand[1]. It posited juristic rights on Rivers, glaciers, oceans and other natural bodies, wherein nature’s fundamental rights were recognized at par with fundamental rights accorded to…
-
Are your representatives really representing you?: A comment on the anti-defection laws in India
India follows a democratic system where citizens elect representatives to form a governing body such as the parliament. Representatives stand in elections and citizens vote to choose their representatives. The presence of strong and legitimate opposition is a sine qua non to check any arbitrariness and misuse of power. Indian democracy stands on the principle…
-
Guilty until proven innocent?: A critical analysis of Section 20 of Prevention of Corruption Act
Introduction Recently the Hon’ble Supreme Court in the case of Vinod Kumar Garg (S) v. State (Government Of National Capital Territory Of Delhi), took into consideration the previously decided cases on the matter and held that, once it is proved that the accused has ‘Demanded’ and subsequently received any illegal gratification, the ‘Presumption’ u/s 20…
-
The 2019 Amendment to NIA: A Critical Analysis
INTRODUCTION: IHCL hotels Taj Mahal Palace and Taj Lands End in Mumbai got threatening calls from Pakistan on 29 June 2020. The caller, who threatened to explode the two lodgings likewise as that of 26/11 assaults, recognized himself as an individual from the terrorist group Lashkar-e-Taiba (LeT). The Taj hotel was one of the foundations…
-
The Tug of War between Enforcement of Foreign Judgments and Supremacy of Domestic Laws: Critical Analysis of Section 13(f) of the Code of Civil Procedure, 1908
Introduction The standards regulating the acceptance of judgments handed down in foreign jurisdictions are one of the basic elements of the debate on private international law. In addition, the English courts have imposed international judgments since the 17th century.[1] Although there may be many grounds for imposing international decisions, the concept of comitology of nations…
The Law Blog 