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.

The UP Ordinance: An Example of Executive Overreach?

In any democracy, institutions perform a multitude of functions like facilitating economic growth, adjudicating claims in a just and fair manner and maintain minimal political order[1]. However, the entire system of party politics, much like legal systems, acknowledges precedents (albeit informally) which set limits for future actions. One such precedent regarding delimiting executive and judicialContinue reading “The UP Ordinance: An Example of Executive Overreach?”

Right to Internet as a Fundamental Right

Right to the Internet in the International Forum In 2011, the United Nations Human Rights Council (UNHRC) adopted a report of the Special Rapporteur, Mr. Frank La Rue on the Promotion and Protection of the Right to Freedom of Opinion and Expression[1]. The report stressed the importance of universal access to the Internet and itContinue reading “Right to Internet as a Fundamental Right”

Agent-Principal Relationship in Contract Law- An Overview

Agent Principal Relationship in Contract Law- An Overview The principal-agent relationship arises in various instances, some of these lead to the formation of contracts. Section 182 -238 of the Indian Contracts Act[1] (Hereinafter, the Act) deals with the laws relating to Agency. To understand the concept of Agency, we need to understand the meaning ofContinue reading “Agent-Principal Relationship in Contract Law- An Overview”

An Analysis of the nooks and crannies of the Contempt of Courts Act, 1971

For the ends of justice to meet it is always essential that the fulcrum which balances the entire judicial system should be kept at a pivotal position to maintain an equilibrium. Justice should be done not only to the conscience but also to be seen to be done hence making it more than an abstractContinue reading “An Analysis of the nooks and crannies of the Contempt of Courts Act, 1971”

A Comment on Nirbhaya – The Case That Shook the Country

20th March 2020, four men accused of gangrape of Nirbhaya were finally executed by hanging after more than 7 years. “Justice has finally been done”, said Asha Devi, Nirbhaya’s mother. The death sentence awarded gained support both nationally and internationally as the events of the barbaric and heinous crime committed on the night of 16Continue reading “A Comment on Nirbhaya – The Case That Shook the Country”

Continuing Mandamus and Environmental Law in India

The right to a healthy environment being a Third Generation Human Right is neither a Fundamental right nor a Constitutional right enforceable by law. Though the Constitution of India imposes a duty on its citizens to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures[1],Continue reading “Continuing Mandamus and Environmental Law in India”

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?”

The Doctrine of Separation of Powers

The postulation of the doctrine of separation of powers which can also be termed as division of competences was introduced in Greece and was widely used by the Roman Republic. The concept separation of powers was initially introduced by Aristotle. He mentioned that doctrine in his book named “Politics”. In this book, he specified theContinue reading “The Doctrine of Separation of Powers”

Judicial Review in India

Judicial review is a special power given to the judiciary to keep the constitution as the main guiding element of governance and ensuring its prevalence in every aspect. It runs over the principle of ‘procedure established by law’ under which, the courts test if a law has been made with adherence to the roles grantedContinue reading “Judicial Review in India”

Scope and Development of Medical Law in India

Just like the field of medicine, legislations governing medicine and healthcare in India are exceedingly vast. The legal framework established to deal with issues involving medical treatment, public health, and professional ethics is not singular in nature. It is dealt with by multiple levels of legislation ranging from appointment of suitable law enforcing commissions toContinue reading “Scope and Development of Medical Law in India”

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”

LGBTQ+ In India: What Changes Did Scrapping S.377 Bring?

Culture, Religion, Customs, Traditions, Beliefs, Honor, Respect, Teachings are some concepts that hold immense importance in Indian Society. As much as there are positives for that, there are negatives impacts of it in society. Individualism, freedom, acceptance and equality are aspects that many groups are fighting for. In a country where arranged marriages still holdContinue reading “LGBTQ+ In India: What Changes Did Scrapping S.377 Bring?”

Reservation Laws in India

Reservation is a policy of the government that enables people from the socially and educationally backward classes, namely Scheduled Castes, Scheduled Tribes, Other Backward Classes and Economically Weaker Sections, to gain access to seats in educational institutions, both government and private, in government jobs and legislatures to some extent. Its enforceability is placed in theContinue reading “Reservation Laws in India”