IMAX v. E-City: A reminder of the enduring effects of the BALCO Case | Shivansh Jolly

On 10 March 2017, the Supreme Court of India delivered a judgment in the case of IMAX Corporation v. E-City Entertainment (I) Pvt. Ltd. (‘IMAX’) which dealt with concerns arising out of the much criticized Bhatia International v. Bulk Trading SA, (2002) 4 SCC 105 (‘Bhatia’) and the Venture Global Engineering v. Satyam Computer Services Ltd, (2008) 4 SCC 190 (‘Venture Global’) cases. Continue reading IMAX v. E-City: A reminder of the enduring effects of the BALCO Case | Shivansh Jolly

What say you, Karnan? | Gayathree Kalliyat

It was not envisaged that the judiciary would require an external agency to keep stock of the actions of its members, as it may cause interference with the independence of the judiciary. Internal discipline, in fact, was expected to flow naturally from this high pedestal the judiciary occupied. Therefore, it comes as no surprise that great caution was exercised to devise a mechanism for appointments, salaries, transfers, etc. of judges. Continue reading What say you, Karnan? | Gayathree Kalliyat

On Indian Secularism| Swagat Baruah

Although the 42nd Constitutional Amendment, through insertion of the word ‘secular’ in the Preamble of the Constitution asserted that India is a secular nation, the relationship between the state and religion has not yet been defined but only interpreted. A cloud of great confusion still lurks amidst the current debates on religious intolerance and secularism in India as to how the social milieu might interpret secularism. The Supreme Court has consistently taken up the task of defining secularism and has tried giving it a wide ambit of reasoning and interpretation, but this has also, in a fortuitous misfortune, created the great confusion that exists today. This observation raises the question, should the Supreme Court and the Parliament make efforts in defining Indian secularism or even the idea of it? The Constitution has laid down secularism as only a goal towards which all activities of the nation must approach, the silence on its connotation however remains long debated. Continue reading On Indian Secularism| Swagat Baruah

To Arbitrate or not to Arbitrate: An unnecessary dilemma surrounding Arbitrability of Fraud| Shivansh Jolly

The question of arbitrability determines whether a particular dispute can be submitted to arbitration for its resolution, or whether it must mandatorily be judicially adjudicated by a court of law. Continue reading To Arbitrate or not to Arbitrate: An unnecessary dilemma surrounding Arbitrability of Fraud| Shivansh Jolly

Bihar Liquor Ban: Questions & Considerations| Ila Krishna

The High Court of Bihar at Patna has displayed exceptional nuanced legal reasoning in a decision of 30 November 2016 while striking down the prohibition on liquor across the state. The said decision in Confederation of Indian Alcoholic Beverages v. State of Bihar has been stayed by the Supreme Court, but there is still much pride that has come of the judgement given by this often-overlooked High Court. Continue reading Bihar Liquor Ban: Questions & Considerations| Ila Krishna

Krishna Kumar Singh v. State of Bihar: Settling the long drawn saga of Ordinance Raj

On the second day of this year, the Supreme Court delivered a landmark judgment as regards the law making powers of the Executive contained in Articles 123 and 213 of the Constitution of India (“Constitution”) which unambiguously lays down the extent and manner in which the said powers could be put to use, thereby elaborating on the instances which would abrogate the essence of these powers. The majority opinion was delivered by Justice D.Y. Chandrachud on behalf of four judges and himself, while Justice Madan B. Lokur and CJI T.S. Thakur delivered separate opinions. Continue reading Krishna Kumar Singh v. State of Bihar: Settling the long drawn saga of Ordinance Raj