Tag: Law

Contradictions Unfolded: A Dive into Delimitation Dilemmas

Haryana’s 2024 elections exposed key delimitation challenges within India’s electoral framework. This article examines vote-share disparities, the North-South seat imbalance post-2026 delimitation, and judicial oversight in constituency mapping. Highlighting the Kishorechandra judgment’s implications, it advocates for autonomous delimitation, equitable representation, and judicial consistency to uphold democratic fairness and electoral integrity.

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The Doctrine of the Fruit of the Poisonous Tree: Relevance to the Digital Personal Data Protection Act, 2023 and the Right to Privacy

This article examines the "Fruit of the Poisonous Tree" doctrine in the Indian legal context, where courts have historically admitted illegally obtained evidence if deemed relevant. However, with the recognition of the right to privacy in K.S. Puttaswamy v. Union of India and the enactment of the Digital Personal Data Protection Act, 2023, there is a growing emphasis on protecting individual privacy over procedural leniency. This shift highlights the need for a well-defined legal framework that balances investigative authority with constitutional safeguards, ensuring that evidence obtained through unlawful means does not undermine fundamental rights and the rule of law.

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Pardon the interruption: Silencing of judicial review by §472(7) of BNSS, 2023 [Part II]

This two-part essay examines Section 472(7) of the Bhartiya Nagarik Suraksha Sanhita, 2023, which seems to bar judicial review of constitutional pardon powers of the executive. It highlights how the provision undermines constitutional principles, including separation of powers, rule of law, and fundamental rights. The first part discusses the current, pre-BNSS, judicial and constitutional framework, emphasizing the need for a limited judicial review to prevent executive arbitrariness. The second part critiques the new provision and proposes a harmonized interpretation to preserve judicial oversight and safeguard democratic principles against executive overreach.

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Pardon The Interruption: Silencing Of Judicial Review By §472(7) Of BNSS, 2023 [Part I]

This two-part essay examines Section 472(7) of the Bhartiya Nagarik Suraksha Sanhita, 2023, which seems to bar judicial review of constitutional pardon powers of the executive. It highlights how the provision undermines constitutional principles, including separation of powers, rule of law, and fundamental rights. The first part discusses the current, pre-BNSS, judicial and constitutional framework, emphasizing the need for a limited judicial review to prevent executive arbitrariness. The second part critiques the new provision and proposes a harmonized interpretation to preserve judicial oversight and safeguard democratic principles against executive overreach.

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Justice at a Crossroads: The Promise & Peril of Judicial Privatization in India

Imagine a justice system where the snake of briskness in business is forever strolling on the crosshairs of the crocodile of justice's sobriety. That is the imagination invoked with the privatization of justice: the makings of a once-in-a-lifetime overhaul of the justice administration system. The question would then be whether, on grounds of judicial inefficiency, such a bold step would offer the key to a resolution or would only serve to open the box of Pandora anew. At the frontier of corporate innovation and justice, this essay analyses India's judicial privatization—looking at how, at one level, privatization holds out prospects for a sea change in efficiency and creativity, and at another level, there are the critical risks of corruption and inequality—along with present global insights and safeguards for this transformative shift.

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On the line between judicial activism and judicial legislation

Judicial activism can be broadly perceived as judicial interpretation and review of statutes or other state action. Judicial legislation, on the other hand, lays down new in case of a legislative insufficiency. The relation and conflict between the two can be studied in the context of the call for a liberal interpretation of the Special Marriage Act, applicability of judicial review in money bills or even in the electoral practice of freebies and whether it is akin to a corrupt practice.

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Battling Digital Disinformation: The Imperative of Fact-Checking in a Participatory Democracy (Part I)

Disinformation and misinformation has been earmarked as a ‘global risk’, causing ‘information pollution’ that adversely impacts decision making and socio-economic and political stability. In light of this, Part – I of this Article aims to expplain the imperative and constitutionality of the Fact-Check Unit (FCU) under Rule 3(1)(b)(v) of the IT Rules, 2021, through a comparative study. 

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Speaker’s Inaction No Longer Immune: Telangana High Court’s Purposive Lens on Judicial Review Over Speaker’s Delay in Anti-Defection Pleas

In its recent verdict, the Telangana High Court directed the Telangana Legislative assembly speaker to decide the disqualification petitions pending against the defecting Bharatiya Rashtra Samiti (BRS) MLAs into the ruling Congress Party within four weeks. The judgment, Kuna Pandu Vivekanand v. State of Telangana, pronounced by a Single-judge bench of Hon’ble Justice Vijaysen Reddy underscored that a complete abdication of judicial review concerning the inaction of speaker, as a constitutional functionary, is an anathema and repugnant to the greater democratic values. This article analyses this judgement.

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