To Represent or Not to Represent?
For a young lawyer, who has only recently joined the profession, I feel that I face more ethical dilemmas than I should. Its easy to dismiss it as a product of over-thinking. But I feel that there are some genuine dilemmas that every practitioner of the law, must face and reconcile, for themselves. A constant…
IT Rules-Undemocratic and Unconstitutional?
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Rules”) has the potential to fundamentally alter the manner in which we consume information and converse over the internet. It is a diktat that cannot and should not find a place in a democracy that deeply values the law-making process and fiercely guards…
The Right Against Cellphone Incrimination
For an addict such as myself, it is unimaginable to live without the cell-phone. Let’s use this as a safe space-Admit it, we all use it. Constantly! However, while constantly clinging-on to this digital appendage, all of us consciously and unconsciously store a body of sensitive personal information and leave behind an extensive data footprint.…
What’s in a name?- The Debates on Naming ‘India’
Draft Article 1 of the Draft Constitution attempted to capture a brief description of the State that was under construction. According to the draft Article- “(1) India, that is Bharat, shall be a Union of States. (2) The States and the territories thereof shall be as specified in the First Schedule. (3) The territory of…
The IT Rules, 2021 and its Application to Significant Social Media Platforms- An Explainer
The recent Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 has caused quite a stir and has left Indian netizens confused and worried about the future of the social media platforms that they relentlessly use. Thus, in this piece, I try to breakdown these Rules and hopefully answer some of the frequently…
Munawar Faruqui’s Case- Factors That Ought To Have Been Considered By High Court In Bail Application
It is puzzling that the Madhya Pradesh High Court’s well written concluding remarks on the ideals of mutual respect, common brotherhood and the need to preserve our country’s rich heritage finds place in an Order that denies bail to stand-up comedian, Munawar Faruqui. In this context, I look at the factors that the Court ought…
Reconciling Justice Chandrachud’s Dissenting Opinions in Review Petitions
“In all humility, I conclude that the constitutional principles of consistency and the rule of law would require that a decision on the Review Petitions should await the reference to the Larger Bench.”- Justice Chandrachud in his dissenting opinion in Beghar Foundation and Ors. v. Justice Puttaswamy and Ors. Justice Chandrachud’s opinion in the Puttaswamy…
Munawar Faruqui’s Case- Misuse of S.295A and an Aggravated Insult on Free Speech
Having regard to the ingredients of the offence created by the impugned section, there cannot, in our opinion, be any possibility of this law being applied for purposes not sanctioned by the Constitution- Supreme Court on S.295A IPC in Ramji Lal Modi v. State of U.P [(1957) S.C.R. 860] The dangerous curtailment of comedian Munawar…
Absence of Reason: SC Order Staying Farm Laws
“The Court is acting like a Panchayat, in a sense, than a constitutional court”- Dr. Anuj Bhuwania on the SC Order Staying Farm Law. On the 12th of January, 2021 the Supreme Court of India passed an extraordinary Order staying the implementation of the Farmer’s Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, the…
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