Articles

India’s higher judiciary has created and overseen the evolution of public interest litigation in India. This paper presents a strong defence for the public interest litigation model as an instrument for the delivery of fair and equitable justice, resistant to governmental apathy as well as economic and social privilege. The first part of the paper provides an account of the evolution of India’s constitutional courts’, and particularly the Supreme Court’s, role prior to the emergence of public interest litigation. It discusses the nomenclature of ‘social action litigation’ and characterizes its evolution as unique and indigenous, distinguishable from the practice of public interest law in
the United States of America. The obstacles faced by this radical new form of preserving social and economic rights are also examined. The paper then addresses the Supreme Court’s approach to increasing access to justice and overcoming these impediments, especially through procedural innovations such as broadened locus standi and non-adversarial, investigative proceedings using court appointed investigative commissions and amicus curiae. Even as it recognizes the possibility of misuse of social action litigation, the paper concludes with a strident defence of judicial activism and of social action litigation as a means for bringing the promise of justice to the
ordinary and disempowered.
‘Blessed are they who hunger and thirst for justice, for they
shall have their fill’.
—The Eight Beatitudes, The Bible

The discretionary power to pardon finds recognition in the Indian Constitution, which confers this power on
the President of India and the Governors of States. This article traces the boundaries of the power stipulated
under the Indian Constitution, as well as the jurisprudence developed by the Supreme Court of India. It commences with an enquiry into the rationale underlying the power to pardon and goes on to engage with a number of issues that the power to pardon has given rise to. One of the issues examined in the article is the doctrine of separation of powers in the context of the prerogative to grant pardon. The constant tussle between the executive and judicial branches of the State is discussed with special reference to the dilemmas posed by the issue of defining the extent of this executive power.

Indian society has tried very hard to sweep the issue of child sexual abuse under the carpet. It starts with the family hushing up instances of sexual abuse of children within the family, resulting in underreporting of the issue and a gross underestimation of the gravity of the problem. In a democracy, unless the society recognizes the need for a law to regulate an issue, the issue is not addressed. But the first step is obviously an acknowledgement of the issue itself. After the investigations into the Nithari killings that unearthed the grotesque sexual crimes against children and women,there was intense clamouring for a Bill to effectively deal with the protection of children from abuse. Therefore the Offences against Children (Prevention) Bill, 2005 was drafted. Although it has dealt with many issues, there are problems with the Bill which need to be highlighted. More importantly, the object of the Bill cannot be attained without the relaxation of the corresponding rules of evidence and procedure. This paper seeks to address some preliminary areas of concern with the substantive and procedural aspects of the law dealing with the issue of child sexual abuse, not only with respect to the Bill, but with that of the overarching scheme of child protection in India.

The old people are very important in Africa like in any part of the world. They are held in high esteem fortheir wisdom, knowledge and dexterity in dispute settlement, governance, guidance for the young and custody of our historical values. It is therefore important that utmost care and protection is given to them to protect these legacies, which they have to bequeath to the younger generation. Human Rights are a veritable instrument that can help to preserve the lives of the old people. However, not so much in terms of civil and political rights (CPR) (even though these are equally important) but in terms of economic, social and cultural rights (ESCR) in the provisions of basic necessities of life, e.g. health facilities and services, transportation, housing, social securities, clothing, food, etc. This is however not advocating the paramountcy of ESCR over CPR but making provisions that will enhance the quality of lives of old people in Nigeria.

Trade has played a vital role in the evolution and development of the human race. Human rights on the other hand, though considered universal and inherent, were formally recognized much later in human history. Even today much is left to be desired regarding the implementation of these rights. One way in which few nations believe it can be implemented is by including such provisions in trade agreements. This paper focuses on the importance of the emerging trend of including human rights clauses in free trade agreements (‘FTAs’). The effectiveness of such provisions is limited as has been seen in the past because countries are reluctant to enforce such provisions as they are mostly loosely worded. We give a general outline of this emerging trend and lay emphasis on the upcoming European Union (EU)- India FTA where the EU wants to include such provisions but India is opposing it. We argue that India, which is likely to benefit in several sectors from this agreement,may accept certain minimum standards for human rights, but this needs to be carefully negotiated and drafted to avoid becoming a trade weapon for the EU and a disguised form of protectionism

Considered to be a convenient hybrid between a partnership and company, the Indian limited liability partnership is a business association that merges certain advantages of a partnership with those of a company. This paper traces the evolution of this business vehicle from its genesis in the American state of Texas to the form in which it has been adopted in India. The paper also attempts to give a detailed analysis of the statutory provisions and concepts employed in the Limited Liability Partnership Act, 2008 as well as the tax status of limited liability partnerships under the Finance Act, 2010. The paper tests the usefulness of this new business form for professional service providers as well as small and medium size business concerns, which are widely perceived to be the primary beneficiaries of the LLP Act. The paper concludes that the LLP Act is a welcome addition to the family of business laws in India providing multiple advantages to its targeted beneficiaries. With the example of an association of lawyers, however, it is evident that certain glaring omissions prevent it from truly filling the void between companies and partnerships.

Of all the laws that were inherited from the colonial regime in India, few have been as controversial as those related to seditious offences. Since independence, the law has been modified and interpreted to incorporate safe guards so it may withstand constitutional scrutiny. However, it still acts as an effective means to restrict free speech, and has been used by contemporary governments for reasons that are arguably similar to those of our former oppressive rulers. In this paper, we make a case in favour of repealing the law of sedition. Through an examination of how the law has been interpreted and applied by the courts even after it was read down in Kedar Nath v. Union of India, it is argued that it is indeterminate and vague by its very nature and cannot be applied uniformly. Further, the law was enacted by a colonial autocratic regime for a specific purpose, which cannot extend to a post-independence democratically elected government. An analysis of the cases of sedition before the High Courts and Supreme Court show that the offence of sedition is increasingly becoming obsolete. Problems of public order, which the law purportedly addresses, may instead be addressed through other laws that have been enacted for that specific purpose