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…)

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…)

Judiciary, Media and Public Opinion: An Overview

By Arifa Khan, Post Graduate College of Law, Osmania University, Hyderabad.

The media is regarded as the fourth pillar of any democracy. An independent media is necessary for keeping a check on the government and its organs. But with the increasing corporatisation of media and the race to grab more eyeballs for higher numbers, the media is overstepping its boundaries. It has been witnessed that the media pronounces its own verdict before the trial begins and ends up violating the principles of a fair trial. The accused persons are held guilty in the eyes of the public before a verdict is delivered in open court. Also, the sensationalism by media affects Judges and the public opinion created by the media is bound to have an effect on them. (more…)

Need For Sentencing Policy in India

By Dipti Khatri, UPES, Dehradun.

“Sentencing” is the final stage of delivering Justice to the convict and victim. In India, punishment is given according to own applied thoughts of Judges and within statutory limit. For some offences, the maximum punishment is prescribed and for some, it is minimum. In some cases, Judges lower down the punishment using the retributive principle. However, on the same cases of similar facts Judges give death penalty setting as a deterrent for the others in the society. Some Judges tend to be lenient while others tend to be harsh. This has eventually led to improper convictions, due to irrelevant consideration and personal bias. This has also led the society to question what Judiciary should do in a particular state of affairs. (more…)

Would India be justified in doing away with the Death Penalty?-Decoding the 262nd Law Commission Report

By Vershika Sharma, National Law University, Jodhpur.

India is one of the 59 countries in the world that still retain death penalty even after the United Nations General Assembly adopted Resolution 62/149 on 18-12-2007. 262nd Law Commission Report is the outcome of references made by the Supreme Court in death penalty matters to discuss and re-examine its previous reports and suggest changes considering recent debates and allegations on the national and international front. (more…)

Capital Punishment: A Crime for a Crime?

By Shruti Sharma, Campus Law Centre, Delhi University.

The killing of a human being by another human being is generally known as Homicide. But not all killings of human beings are Homicidal or rather illegal. Some killings are absolutely legal and enforceable and are better known as Capital Punishments, i.e., execution of the offender. The term Capital Punishment can be defined as a lawful infliction of death upon a person. (more…)

Question Continues: Justice or No Justice?

By Amrita Dasgupta, South Calcutta Law College.

The number of pending cases, piled up with the Indian judiciary, is legendary. It has been estimated that it would take at least 320 years to clear off the total backlog of 31.28 million cases pending with various courts across the country.[1]

After 13 years of the prolonged court proceedings of the “2002 hit-and-run” case, the convict Salman Khan was almost sent behind the bars for a 5 year term by the Session’s Court along with a fine of INR 25,000. However, following this verdict, an appeal was being made to the Bombay High Court that challenged the verdict of the Session’s Court. The Bombay High court then granted the actor an interim bail for two days. After the lapse of the interim bail period, the appeal was under consideration and the punishment was set aside granting a permanent bail till the next hearing or order, thereby keeping the case open again. (more…)