The Silencing of Minorities through Law: An Analysis of Vivek Gomber’s ‘Court’

The piece analyses the various nuances of the Marathi legal drama ‘Court.’ It highlights the silencing of dissent of minorities by the State through law and other institutions. It must also be noted that the piece explores the systemic oppression of the Dalits in India, owing to the prevalent caste system. The Dalits have been ‘othered’ by the society at large and they are merely viewed as a ‘labouring body.’ The piece also brings forth the ideas of Biopolitics, Governmentality and Necroplitics which have been introduced by academics like Foucault and Mbembe.

Judicial Response to the Pandemic: A Step In The Right Direction?

“Access to justice cannot suffer in a lockdown, whatever be the circumstances” ­-Hon’ble Justice Dr. D.Y. Chandrachud[1] It won’t be wrong to say that this pandemic has highlighted the weak links in our justice system. A year ago, when the COVID Pandemic was not a conceivable threat, Hon’ble Supreme Court Justice Shri. Sharad Bobde wasContinue reading “Judicial Response to the Pandemic: A Step In The Right Direction?”

Plea Bargaining in India

The Indian judiciary is very well known for its unbiased nature, delivery of justice, and independent status in the country. Our forefathers have always given justice a dominant position. In spite of all the written provisions in the largest Constitution of the world, there has been a huge backlog of cases in the country. ThisContinue reading “Plea Bargaining in India”

An Overview of Virtual / E-Courts

Over 3 million cases are pending in high courts and around 26 million cases in district courts and the number of judges available are very few in order to deal with the cases. Each day thousands of cases are filed in these courts which increases the burden of the courts and also the cost toContinue reading “An Overview of Virtual / E-Courts”

COVID-19: A Boon or Bane to the Indian Judiciary?

Every crisis brings some opportunities to enhance and boost your skill. The novel pandemic has affected the world drastically. From business to education every sector of the economy has been disturbed. Access to justice is very important which is only possible when the judicial system will function properly and courts will uphold the justice andContinue reading “COVID-19: A Boon or Bane to the Indian Judiciary?”

Importance of Judicial Role in Law Making

In India, the successful functioning of Indian Judiciary over the years that fall fundamentally within the legislation raises some real and noticeable concerns such as ‘Judicial Activism.’ Similarly, this part of ‘Judicial Activism’ holds the distance from being a true field among others since the law made by the judge has got enormous recognition throughoutContinue reading “Importance of Judicial Role in Law Making”

Principles of Natural Justice

The term ‘Natural Justice’ is derived from the concept of ‘Jus Natural’ mentioned in Roman law. Being associated with the ideas of morality and fairness, it is neither codified nor explicitly mentioned in the constitution. However, natural justice is implied in the fundamental rights as it is the spirit of Article 14, 19 and 21.Continue reading “Principles of Natural Justice”

Delay in Justice: Should it be Penalized?

Justice is the constant and perpetual will to allot to every man his due.  -Domitus Ulpian A good society requires fair access and administration of justice. It is the means by which all the injustices established in the society can be sanctioned and removed so as to ensure a better, safe, and peaceful society. Mr.Continue reading “Delay in Justice: Should it be Penalized?”

Barbiturates aka ‘The Truth Serum’ and its Effect on the Legal World

Imagine an interrogation room and an extremely compliant confession from a suspect wearing a dazed expression readily answering questions. Does it ring a bell? Maybe it reminds you of an old crime thriller you’ve watched where the police try to extract a confession from the prime murder suspect; or a movie depicting a gangster extortingContinue reading “Barbiturates aka ‘The Truth Serum’ and its Effect on the Legal World”

Independence of Judiciary: A Comparative Analysis

Independence of the judiciary is something that is indispensable for the smooth running of a democracy. The judicial system is one that should be free of the pressure of fear or favor. There have been various measures taken in different countries for the protection of the independent stance of the judicial system. There are constitutionalContinue reading “Independence of Judiciary: A Comparative Analysis”

Article 136 – “The Armour of Justice”

The three organs of the government, i.e., the legislature, executive & the judiciary are interrelated to each other in both an intrinsic and extrinsic manner. If we look at the role of the judiciary in the present years, it has increased and the scope of judicial review has also been widened. The backbone of theContinue reading “Article 136 – “The Armour of Justice””

Application of Section 5 of the Limitation Act to Proceedings before Tribunals

A remedy to a right comes with a fixed lifespan. The purpose of the Limitation Act of 1963 [‘LMA’] is to provide for a limitation period to extinguish the remedy. Section 5 of the LMA talks about condoning the delay exercised in the filing of an appeal or application. The scope of the section excludesContinue reading “Application of Section 5 of the Limitation Act to Proceedings before Tribunals”

Various methods to address Consumer Complaints

The ‘Consumer’ who is referred to as the king is usually the ‘victim’ of market malpractices giving rise to need for laws to protect the rights of consumers. In 1986, the Indian Parliament passed the landmark Consumer Protection Act[1] which is a milestone in the history of socio-economic legislations and is directed towards achieving publicContinue reading “Various methods to address Consumer Complaints”

Perils of Judicial Overreach and its Probable Solutions

The concept of judicial activism is the polar opposite of judicial overreach, but these two terms narrate the ideology and dictation behind judicial decision. Violation of the Doctrine of Separation of Powers The State’s powers should be entrusted among three branches (i.e. legislature, judiciary and executive) with a proper checks and balances mechanism in place.[1]Continue reading “Perils of Judicial Overreach and its Probable Solutions”