ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Why Should the Marital Rape Exception be Removed?

The marital rape exception must be removed as it is no longer legally tenable in light of the Supreme Court decisions in various cases. Contrary to arguments that the central government has advanced repeatedly, these decisions hold that marriage does not mean there is irrevocable consent for sexual intercourse, and that a regressive practice cannot be used to ensure the stability of marriage.

Towards a Political Etymology of Sedition

Criminalisation of sedition is normatively inconsistent with the value framework of democracy.

Super Censorship of Cinema?

Proposed amendments in the Cinematograph Bill, 2021 are a regressive step in many ways.

Silicosis in Rajasthan

Silicosis, one of the world’s oldest and commonest occupational diseases, has not received adequate policy attention in India. Sustained campaigns by national and state human rights bodies along with non-governmental organisations over the past decade have resulted in greater awareness and some relief in the form of detection and monetary compensation to affected workers. However, preventive measures at the workplace and punitive action against defaulting employers are still a far cry. In this regard, the Rajasthan Policy on Pneumoconiosis is a pioneering move by any state government.

Supreme Court Collegium and Transparency

The Supreme Court collegium in India, which is the determinative authority for appointment of judges to the higher judiciary, began publishing its resolutions on the Supreme Court website in October 2017, purportedly to foster transparency. A study of all the published resolutions over a period of two years—from 2017 to 2019—reveals that the collegium systematically failed to disclose critical information essential to an enhanced understanding of its functioning and thus failed in its declared objective of promoting transparency.

An Illusion Built on Tragedy

Continuing the Central Vista redevelopment amidst the pandemic reveals a sinister stubbornness.

When the Court Sensitises the Government

The Court’s intervention in the health crisis is desirable but not as a permanent need of the governing “system.”

COVID-19 and Contractual Disputes in India

The COVID-19 pandemic has unleashed a catena of contractual disputes. The paper synthesises the Indian Contract Act and relevant case laws to present a legal position on force majeure , frustration of contract and contractual gaps, in the context of COVID-19. Using the economic analysis of law, it examines contractual disputes from various sectors, including power, construction and real estate, rental, event management and hospitality, and analyses these disputes from legal- and economic-efficiency points of view. Where contracts are not a good instrument for achieving equitable distribution of economic gains and losses, public policy is better suited to address equity and other related issues arising from long-term contracts.

Debating Supreme Court Reform

US President Joseph R Biden’s newly set up commission to recommend reform of the United States Supreme Court has brought to the forefront the “political” role of constitutional courts. While the US Supreme Court inhabits a vastly different legal, constitutional and political sphere from its Indian counterpart, nonetheless there are interesting parallels given common shared values towards the independence of the judiciary and constitutional governance.

Democratic Government by One Person

The recent bill passed in Parliament deems the elected government of Delhi irrelevant.

Pendency during the Pandemic

Twelve months after measures to fight COVID-19 forced courts in India to suspend in-person hearings and move online, the Supreme Court finds itself facing increased pendency and demands to restart in-person hearings. Apart from the increased backlog, the Court also finds itself with fewer judges and no immediate nominations in the pipeline to fill the gaps. The incoming Chief Justice of India will therefore have to address a range of issues that fundamentally affect the Court’s basic functioning.

Anti-defection Law

Two recent observations of the Supreme Court have the potential of being a game changer in Indian politics, with regard to the power of the speaker in determining questions of defection resulting in the disqualification of a member of the legislature. These two observations are analysed and their significance in the anti-defection jurisprudence is assessed. The ubiquitous relationship between the anti-defection jurisprudence and the tenets of inner-party democracy needs to be understood, especially against the backdrop of recent political events where significant upheavals have taken place within party set-ups across the political spectrum.

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