Triple Talaq Judgment: The Facts • The practice of Triple Talaq is not part of personal law but statutory law vide Nariman J and Lalit J. • The practice of Triple Talaq is part of personal law not statutory law vide CJI, Nazeer J. • The practice of Triple Talaq is neither part of personal law nor statutory law vide Kurien J. • The practice of Triple Talaq is violative…
AADHAAR-PAN Judgment: Facts Supreme Court of India has recently delivered the AADHAAR-PAN judgment on the validity of S. 139AA of the Income Tax Act. S. 139AA makes the following mandatory: Quoting of AADHAAR for filing income tax returns post July 1, 2017. Quoting of AADHAAR in any new application for allocation of PAN post July 1, 2017. Linking of AADHAAR with PAN post date to be announced by the central…
Kulbhushan Jadhav Case: Facts Before ICJ The recent proceedings before International Court of Justice (ICJ) in reference Kulbhushan Jadhav case were solely concerned with the provisional measures that India sought in its application filed before ICJ. Provisional measures can be analogized to ad-interim relief in municipal courts. In ICJ, India has claimed the main relief of annulment of death sentence passed against Kulbhushan Jadhav by Pakistan’s military court, and the…
Misintrepretation of the Law of Sedition The only relevant portion in Kanhaiya Kumar’s bail order is paras 54 to 57. This order has completely misintrepreted the law of sedition. Even though S. 124A has been quoted, it has not been followed. There is no connection between anti-nationalism and disaffection against the government. What is punishable under the section is the preparatory actions of waging war against the state by bringing…
Kedarnath Judgment: Procedural Lapses There were four appeals before the supreme court wrt Kedarnath judgment on sedition. C.A. 169 of 1957, which arose from the grant of special leave to appeal was dismissed. And the three other appeals, i.e. C.A. 124-126 of 1958, which arose from the certificate granted by the high courts, were allowed and the cases were remanded back to the high courts. The challenge to s. 124A,…
Introduction Hardik Patel, a 21 year old young man, has risen into an overnight sensation courtesy the Patel community’s demand for OBC reservation. His main grouse is that Patels have remained poor because of educational backwardness and need to be uplifted through reservation in jobs and educational institutions vide OBC categorization. Of course, this is a shallow political agitation, but the messaging is very loud and clear for the idea…
Oxymoron Indeed! A new debate has arisen in India about practicing advocates. The crux of the matter is that the “guardians” think many advocates leave practice and join other profession without informing the bar; therefore, their name shouldn’t continue to appear in the rolls of advocates prepared by the state bar councils. So, a new concept of “practicing advocate” has been introduced. I think the word “practicing advocate” is an…
In the past, I have written twice on regularisation of unauthorised colonies in Delhi: wrt legal issues and a general perspective. I am myself a resident of an unauthorised colony, so I do have a bias towards their regularisation. However, ironically, every time I hear the news of regularisation, I get goose bumps. There are so many unresolved issues wrt unauthorised colonies that there are strong chances of the non-conforming…
Prostitution in India: The Existing Position As per Immoral Trafficking (Prevention) Act, 1956, prostitution means “the sexual exploitation or abuse of persons for commercial purposes or for consideration in money or in any other kind, and the expression ‘prostitute’ shall be construed accordingly.” However, it is to be noted that the act doesn’t criminalize prostitution in India per se. It only criminalizes the following: Prostitution in brothels; i.e., any place…
Baba Rampal’s Conflict with BJP Baba Rampal’s arrest after a deadly ashram clashes is a very complex issue. Far more complex than any ordinary perception. A direct challenge to judiciary; a private army; a huge following; a business enterprise; a sustained secretive rebellion; alleged maoist links; but still a failure in the end for Baba Rampal. The maoist-link theory has been floated today only, that too through rogue intelligence officers;…