Blog

The NJAC and an unconventional constitutional convention

by Akhil Deo

The Supreme Court of India(SC) has finished hearing arguments on the constitutional validity of the 99th Amendment to the Constitution which introduces the National Judicial Appointments Commission (NJAC) replacing the existing collegium system. One of the issues for consideration, which  this note will focus on, is whether or not giving primacy to the recommendation of the Chief Justice in the matter of appointments to the judiciary should be regarded as a constitutional convention.

Continue reading The NJAC and an unconventional constitutional convention

Intermediary liability in the context of the Shreya Singhal judgment

by Joshita Pai

The ruling of the Supreme Court in Shreya Singhal marked the demise of the draconian section 66A of the Information Technology Act 2000. The impugned provision caught nationwide attention after the arrest of two girls over a facebook post. The post was a comment on the inconvenience caused by the shutting down of the city during the death procession of the then Shiv Sena Chief, Mr. Bal Thakeray. The nullification of the provision which was sought after in a string of petitions owing to its vagueness and scope of misuse, reinstated the extension of the right to free speech in the virtual media.

Continue reading Intermediary liability in the context of the Shreya Singhal judgment

Metal to paper: India's sovereign gold bonds

by Rishi A. 

The Indian Government recently released a concept paper on Sovereign Gold Bonds,[i] asking for opinions from the public by 2nd of July, 2015. It has been proposed that these bonds would carry a fixed rate of interest of around 1.5-2%, which can be further raised by individual banks, and will be redeemable at the price of gold at the time of maturity. The Government of India, through the Reserve Bank of India, has proposed that it will issue these gold bonds, with the hopes of reducing the rapidly increasing gold importing costs.

Continue reading Metal to paper: India's sovereign gold bonds

Monitoring paid news in the context of electoral reforms

by Joshita Pai

Paid News characteristically is content which results not from the efforts of a journalist but from the consideration given to the media houses for its publication. In certain instances, it is poorly veiled since the content acts as a de facto mouth piece of an electoral candidate or a political party.

Continue reading Monitoring paid news in the context of electoral reforms

Examining the constitutionality of re-promulgating the land acquisition ordinance

by Akhil Deo

On the 1st of June, the National Democratic Alliance(NDA) Government promulgated the Right to Fair Compensation and Transparency  in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance (“land acquisition ordinance”) for the third time, while the Amendment Bill itself is being considered by a Joint Parliamentary Committee. Naturally this has opposition parties up in arms-calling it a “fraud on the constitution.” In fact several former bodies have already challenged the  re-promulgation of the ordinance as unconstitutional before the Supreme Court (“SC”).

Continue reading Examining the constitutionality of re-promulgating the land acquisition ordinance