Victory for voices in a democracy: Section 66A quashed

The most recent development in law that has stirred the social and political situation in the country is the striking down of Section 66A of the Information Technology Act by the Supreme Court of India, declaring it unconstitutional. The controversial provision made posting offensive content or material on or through the world wide web a offence punishable with up to three years in jail. This section had been widely misused by political powers to assert…

National Judicial Appointments Commission

Over the years the method of appointment of judges to the Supreme and High Courts has undergone changes and modifications with respect to the circumstances and the needs of the time. The Indian constitution originally allows the President to appoint judges after “consultation with the Chief Justice of India and any other Supreme Court and High Court judges that the President may deem necessary” . It was in 1970s under the unwarranted super cessions and…

Foreign Direct Investment

Foreign Direct Investment-Governing Laws, Developments and Existing trends Foreign Direct Investment (FDI) refers to the net inflows of investment expenditure towards the acquisition of a lasting management interest usually 10% or more in an institution or an enterprise with established or developed operations in a market of the economy other than that of the investor. Foreign direct investment is a transitional catalyst that initiates the conversion of an economy from a closed economy to an…

Official Secrets Act, 1923

Sometimes certain statutory acts come into force which one fails to understand whether it is good or bad for the welfare of the country. Official Secrets Act (OSA), 1923 is one such Act. Official Secrets Act is one of the important laws for national security but a dark blotch and hindrance in the transparency and freedom of Press and governance. Due to the Act’s stringency, it has failed to tread the middle path and is…

LEGAL UPDATE : Guardianship Laws

“Reforming the Law For Maximizing Justice in Society &Promoting Good Governance under the Rule of Law” ~ Law Commission of India , GoI GUARDIANSHIP and CUSTODY laws are pertaining to Safeguard the interest of ‘Welfare of the Child’. Though it needed a succinct discussion to understand in legal framework of our constitution. GUARDIANSHIP : Guardian is the person, who is having responsibility to undertake care of the person of a minor or his property or both person and property. A father…

LEGAL VIEW : GUARDIANSHIP and CUSTODY LAWS

The paramount consideration in adjudicating custody and guardianship matters, emphasized on ‘WELFARE OF THE CHILD” Guardianship refers to a bundle of rights and powers that an adult has in relation to the person and property of a minor, while custody is a narrower concept relating to the upbringing and day-2-day care and control of the minor The Custody Laws comes to the fore during the conflict situations such as in matrimonial disputes between mother and father as natural guardians. Therefore…

MEDIATION

The State supremacy lies in its coordination among three organs Legislature, Executive & the Judiciary. Addressing Disputes through Mediation will lead to saving valuable resources. Today in present scenario there is a alarming high litigation’s pending from lower district courts to supreme court of India. The need of speedy process in time and valuable savings of resource seeks an alternative method in an approach for sorting out the grievances and redressal through a mechanism called…

Insurance Laws (Amendment) Bill,2015

GOI gave birth to Insurance Laws (Amendment) Bill, 2015 on 2nd March 2015 in Lok Sabha and 12th March 2015 in Rajya Sabha. This bill was expected to be a rebirth for all other existed insurance laws. The expectation was not destroyed. The Insurance Laws (Amendment) Bill, 2015 has replaced the old-fashioned laws and policies with laws that suit today’s scenario. Major motive of Insurance Laws (Amendment) Bill, 2015 was to provide higher liberty to…

Crony Capitalism

Crony Capitalism is a pejorative term used to refer to the corrupt business dealings carried out by government officials in a capitalist economy . What is it that politicians do when they become ministers ? They help their family members and friends make money by awarding them government contracts , legal permits , special tax breaks etc. This favouritism that they show towards family members and friends is calling called crony capitalism , ‘crony’ as being…

It’s a GMO – Your Honour !

Public legislation and litigation measures impounded on various biotechnological firms across the world are frowned upon by the market capitalists as anti-welfare strategies. But to see the other side of the coin is a long tedious ride into reality. Despite the derogation and resilient attitude of the ‘Big’ firms, it is very practical for the government to put a check on life-altering activities that are being performed by them on a daily basis. The legal…