Exceptions to Principles of Natural Justice: Part II

By Adv. Shriya Maini.

First Part of this Series, can be accessed here.

  • Exclusion in Emergency: Hurry versus Hearing

Whether it is for public safety, public interest, public health or public morality- the action, preventive or remedial, that is needed, is the requirement of notice and where a hearing may be obviated, would be exceptional cases of Emergency. The reasoning here is that a plausible hearing could delay the Administrative Action, thereby defeating the very purpose for which it was constituted. But if the right to be heard was to paralyze the process, the law would inevitably exclude it. Hence, if to condemn unheard is wrong, it is wrong except where it is overborne by dire social necessity. Therefore, examples such as where a dangerous building is to be demolished, or a company has to be wound up to save depositors, or there is imminent danger to peace, or a trade dangerous to society is to be prohibited, dire social necessity requires exclusion of the elaborate process of fair hearing. In the same manner, where power theft was detected by officials, immediate disconnection of supply was said to be non-violative of the Principles of Natural Justice. (more…)

Article 324(2): The Legal Tug of War?

By Anmol Kaur Bawa, Symbiosis Law College, Pune.

Anoop Baranwal v. Union of India, Ministry of Law and Justice Secretary (Writ Petitions Civil Case no. 104/2015), is the recent PIL case, filed in the Supreme Court, which has managed to sprout a new series of debate between the Judiciary and other wings of the Government. The debacle intends to put Article 324(2) of the Constitution under critical review. The petitioner in a writ, has brought to light the question of implementation of Article 324(2), which states: (more…)

Of Law and Policy…

By Tanya Chandra, Founder, LexQuest Foundation.

At LexQuest, we have come to believe that thus far, our most well received articles are the ones which are purely legal in nature, and delve deeper into various facets of a certain aspect of law alone. Now, we know fully well that the dearth of good legal literature has always been an issue. So, if our law centric pieces serve as the means to make this landscape even slightly better, through the much needed ingenuity of a legal write-up, we are glad to be of use.

However, when it comes to the law and policy interface, where we set out to spread awareness in the space of policy implications of a law and/or vice versa, people aren’t too enthusiastic about this knowledge base.I believe that the interface between law and policy is something we all often misconstrue or only understand in fractional terms. However, if we dig a little deeper, as a matter of fact, any policy can only come to fruition, when laws are in place for the same. Therefore it’s not that “good policy” alone can define the interlink between law and policy, because our most effective policies along with the most ill-conceived ones, originate only through our laws. (Think DBT Schemes vis-a-vis the idea of Welfare State, think Aadhar vis-a-vis Right to Privacy, think Swachha Bharat vis-a-vis Right to Life, think Social Security Schemes vis-a-vis the Preamble, et al.).

I wonder, if and when the aforementioned occurs as the most obvious fact and/or revelation to one and all, why the ignorance and apathy towards making room for this interface? Which section of our people is duty bound to understand, analyse and question the policies that serve as a crucial medium for us to assess the legislators’ intentions and abilities? Do the Legal Professionals deem such information invaluable as they don’t often need it at work? Does our reluctance spring from the belief that such interface is the breeding ground for mud-slinging and hence an utter waste of time?

Either way I think we are selling ourselves short here. If you believe that dwelling upon this space for any longer than what can afford you a Social Media comment/like, is unnecessary, I would say let’s rewind and play. Probably your Sixth grade Civics book amazed you a bit more than that, when you were told for the first time (out and about by your teacher) that India is the largest democracy in the world and that our Republic’s reputation for “free and fair” elections is a case study for many.

May be remembering that gawky eyed child, could reinvigorate the adult in you so, that the next time you want to shrug off a well intended piece of writing in the domain of law and policy, you would instead find a reason to pause and ponder. Because, even as the vox populi turns questionable, voices need not vanish.

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A New Era for the Supreme Court Proceedings?

By Jhalak Nandwani, Gujarat National Law University, Gandhinagar.

We all have watched the live streaming of sessions of the Parliament on Lok Sabha and Rajya Sabha TV since the past 10 years. It has brought awareness amongst the common people about the functioning of Parliament, all State Assemblies and of our elected representatives as well. But have you ever thought about getting to see live streaming of Supreme Court proceedings? (more…)

Exceptions to Principles of Natural Justice: Part I

By Adv. Shriya Maini.

“There are no Victors in the game of law until the Court verdicts…”

Justice is the most important task of Rule of Law of the State. The role of an attorney is an integral part of the justice system of the State which fails its society if the litigant is not zealously represented. The prime object of this post is to develop an understanding of exceptions to Principles of Natural Justice with a special emphasis on its legal aspects conducive to equip the law students with a profound understanding of how an advocate ought to approach a case procedurally. (more…)

Liquor Ban: A Stepping Stone to Safer Roads?

By Eshita Kapur, ILS Law College, Pune.

“After whisky, driving is risky”, is an adage one often gets to see while driving on highways in India. Road accidents, including those due to drunken driving, have been globally recognized as a serious public health issue. Being a signatory to the Brasilia Declaration, India is committed to bringing down its high load of fatalities due to road accidents, by 2020. [1] In view of the alarmingly high number of deaths occurring due to road accidents, the Hon’ble Supreme Court of India passed a historic judgment in December 2016 directing all States and Union Territories to cease and desist from granting licenses for sale of liquor along National and State highways. (more…)

Fugitive Economic Offenders Bill, 2018: A Weapon against Wilful Malefactors?

By Pranav Vaidya, Hidayatullah National Law University, Raipur.

“You cannot escape the responsibility of tomorrow by evading it today”.

-Abraham Lincoln

Just like a debt born today shall be paid tomorrow, every individual born in the society has a certain role to play and it is because of being indulged in such societal relationships at various capacities, that they tend to take on the burden of fulfilling certain financial responsibilities, failing which, they could even be served with penalties or punishment, as justified in the eyes of law. In order to prevent such loss to the individuals of the society, the governing bodies, in their respective territories adopt countermeasures, against activities which cause harm to other individuals, in the form of rules or statutory principles. (more…)

Journey so far: Sanya D. Kishwar on winning a Fellowship from Pennsylvania State University

By Sanya D. Kishwar, Central University of South Bihar, Bodh Gaya.

Two roads diverged in a wood, and I-

I took the one less travelled by

And that has made all the difference.

Greetings to all my friends, seniors and elders! I, Sanya Darakhshan Kishwar have taken to this platform to share my experiences and the learning process that I went through, during my journey from India Rounds of 3rd Prof. N.R. Madhava Menon SAARC Mooting Competition, 2017-18 to the SAARC Rounds of the same. (more…)

Of Law and Internships…

By Tanya Chandra, Founder, LexQuest Foundation.
Law School is a tough time for many, as my own experience along with that of those around me, has taught me that the eternal issue everyone is faced with when pursuing a degree in law is this:

How to land a good internship? With the institution I am in, will I even get the “privilege” of opportunity? In India, with the mushrooming of law schools in every nook and cranny, the question of equitable opportunities is often believed to be determined by the status of your College/University.

(more…)

Goods and Services Tax: A New Era

By Nitesh Jindal, Dr Ram Manohar Lohia National Law University, Lucknow.

Goods and Services Tax (GST) is an indirect tax which will bring transparency and effective governance in the country. It is a destination-based tax levied at multiple stages, starting with the manufacturing stage, to the sale of goods stage, whose overall burden has to be borne by the final consumer. GST has paved the way for a common national market by subsuming many indirect taxes, which, previously, were being levied by the Centre and the States, at various stages of production and which in turn had created many complications, such as, overburdening the consumers by various taxes, cascading of taxes, etc. (more…)