Net Neutrality in Indonesia | Tejas Rao

Article 28 provides a clear hint that freedom of expression cannot be exercise not in accordance with the attribution from the law. This hint generates contradiction which what is the essence of freedom of expression when to express it, the law plays major role to determine what can be expressed, rather than the decision from the people itself. Once again, Electronic Information & Transaction (EIT) Law will be quite an example of this situation. Continue reading Net Neutrality in Indonesia | Tejas Rao

Slavery in India: No Road to Freedom | Swagat Baruah

We must not hold onto vacuous optimism for there is nothing to be optimistic about. We must not rest our hopes in our future for it cannot exist without us mending our ways and we must not delegate this task unto the posterity for the history of caste system tells us that it existed as a norm in the past, spun out as an abnormality in the recent past and is now still a complete norm.  Continue reading Slavery in India: No Road to Freedom | Swagat Baruah

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