Judicial Supremacy vs. Parliament: Why NJAC is better than the Collegium System

By Sanya Darakhshan Kishwar, Central University of Bihar, Gaya.

ANALYSING WHAT COLLEGIUM IS

It is a system under which appointments and transfers of judges are decided by a forum of the Chief Justice of India and the four senior-most judges of the Supreme Court. It has no place in the Indian Constitution. [1]

What does the Constitution actually prescribes?

  1. Article 124 deals with the appointment of Supreme Court judges. It says the appointment should be made by the President after consultation with such judges of the High Courts and the Supreme Court as the President may deem necessary. The CJI is to be consulted in all appointments, except his or her own.
  2. Article 217 deals with the appointment of High Court judges. It says a judge should be appointed by the President after consultation with the CJI and the Governor of the state. The Chief Justice of the High Court concerned too should be consulted.

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Foreign Direct Investment in India: I

By Aashna Jain, National Law University, Jodhpur.

SEGMENT 1

FDI in Defence- Recent Development

It was December 2014 and the debate on the topic of FDI in Defence got heated up.

“The biggest and the most immediate fallout from Prime Minister Narendra Modi’s visit to the United States should be this: India allows 100 per cent FDI in defence. This is the crying need of the Indian armed forces, neglected for decades, if the national security issues have to be redressed hundred per cent.”[1] (more…)

Uber Case: A Critical Analysis

By Archit Gupta, National Law Institute University, Bhopal.

A woman was allegedly raped by the driver of a cab she had booked using the app based tax service, Uber[i]in Delhi. Uber is one of those smart app radio taxi services which have given new way of traveling for Indian women. These services are generally considered to be safe because of verification and GPS, but Delhi case has proved everyone wrong. In India, it was first introduced in Bangalore and has expanded to 10 Indian cities[ii]. (more…)

Child Beggary in India

By Trishala Sanyal, AKK New Law Academy.

Introduction

Arpita Khan’s wedding was very much in news as she is the adopted sister of the famous Bollywood Thespian, Salman Khan. Little did people know about her being the biological daughter of a homeless beggar woman. She is just one of the lucky children among those thousands who are probably lying in some corner of a city. Whenever a BMW packed up with tourists is stuck in traffic jam a very heartbreaking scene witnessed i.e. an uneven steel bowl with two or three coins on the hands of a malnourished child. Although India is a leading developing nation after China, yet the menace of child beggary is at a very high rate. The land of saints, sages and leaders is bowed down with shame with the problem of child beggary. Israelmore Ayivor has rightly stated “Begging would have been the best option if God had given talents to only a selected few. Fortunately, He gave us all our compatible gifts respectively, so it is an offence to be a chronic beggar.”[1] More than 60,000 children are extorted every year and are thrown in this wretched business of beggary. The body parts of these children are mutilated so that sympathy can be gained. As a reality show has high TRP rating for determining the success of the show, similarly a malnourished and a physically weak child is taken as a high TRP in the business of child beggary mafia’s. (more…)

Analysis of the Xiaomi Injunction Case

By Ahona Chakrabarty, KIIT School Of Law, Bhubaneswar.

This case relates to an application filed by a company called Ericsson against a Chinese company called Xiaomi. The case is being heard in the Hon’ble High Court at Delhi and recently the Court has passed an injunction order on the defendants, which by another order has been partly lifted. In order to understand the facts certain terms and phrases have to be explained. (more…)

Constitutional Amendment Bill, 2014: GST

By Poonam Bera, Army Institute of Law, Mohali.

After a prolonged delay, Goods and Service Tax (122nd Constitutional Amendment) Bill, 2014 has introduced in lower house of parliament on 19th December, 2014. It is regarded as one of the biggest tax reforms since 1947 and is targeted to be implemented by April 2016[i]. GST regime is expected to replace a number of indirect taxes levied by the Central and State Governments. It will create a single unified market for goods and services across the country. (more…)

Good Governance: The Present Scenario

By Anjali Rawat, RMLNLU, Lucknow.

Recently the term good governance has been getting much coverage in news channels and newspapers. The reason behind it is the declaration of 25th December as Good Governance Day by the Indian Government. Well, even though the attention towards this term is new but the concept of governance is not recent, it has been running throughout the very veins of human civilization. Merriam-Webster defines governance as the way that a city or company is controlled by the people who run it, but more precisely, in the current context, it refers to the process of decision making and the process by which these decisions are implemented. And the responsibility for good governance falls on the shoulders of government and the civil society. There are two kinds of governance- good governance and bad governance which sound quite basic but the difference between them makes a hell lot of difference in the functioning and development of a country. Bad governance is the reason behind all the evils which exist in a country and thus, many countries have initiated reforms toward good governance, which is said to be the bulwark of a progressive nation. (more…)

Cyber Law: An Overview

By Sagarika Chandel, KIIT School of Law, Bhubaneswar.

“The modern thief can steal more with a computer than with a gun. Tomorrow’s terrorist may be able to do more damage with a keyboard than a bomb”. -National Research Council, USA “Computers at Risk” (1991)

Internet in India has been ever growing at a fast pace giving rise to opportunities to people in every field- be it education, business, sports or entertainment. Cyber space is now becoming the most preferred environment of the world with an enormous growth rate as the population on the internet doubles roughly every 100 days1. Cyber law being a generic term signifies all the legal and regulatory aspects of the internet and the World Wide Web2. Cyber law, also known as Internet law signifies everything related to computer, internet, network, software, emails, data storage devices (such as hard disks, USBs) and even electronic devices such as mobile phones, ATM machines etc. Anything that concerns or emanates from the legal aspects or issues concerning the activities of ‘netizens’3 in the cyberspace comes within the ambit of cyber law4. (more…)

The Consumer Protection (Amendment ) Bill, 2011 and ‘Make in India’ Vision

By Sanya Darakhshan Kishwar, Central University of Bihar, Gaya.

A consumer is one who makes the flow of business smooth if he is satisfied to the fullest, but if a consumer has grievances, it is the duty of the government to look after the same. Lately the Modi Government has been striving hard to work for the betterment of the consumers and make them the stronger party. With the existing laws, the consumer is no less than a puppet in the hands of the manufacturer. Let us analyse how.

Mr. A buys a packet of chips from XYZ Kirana Store. When he opens the packet, he finds the chips to be stale. Can Mr. A bring a suit of action against the shopkeeper or file a complaint against the manufacturing unit for providing under-quality goods?

These questions find an answer in the provisions of The Consumer Protection Act, 1986 which has been amended in 2002 and the latest buzz about it in the Consumer Affairs Department is the Consumer Protection Amendment Bill, 2011. (more…)