Articles

My dear students, colleagues from the faculty and administration, and everyone else who is and has been directly or indirectly associated with NUJS (including, definitely, the current and former honourable members of the managing bodies of the University), I have immense pleasure in being with you this afternoon on the completion of my term as the head of this upcoming institution. This afternoon, and for quite some time during the last several days, weeks and months, I have been taken over by the feeling of losing and leaving behind the love, affection and respect which you have so abundantly bestowed on me. I hope that in the hustle and bustle of life, from time to time you will connect me to your days at NUJS when I have been around, known or unknown to you. In any case, your smiling faces and good actions will keep coming back to me, giving me light and energy during my fading days. Therefore, let us not celebrate today as a day of parting or good bye but as a day of future creation, weaving together the threads of our stray thoughts and interactions into a beautiful tapestry that will give us the pleasure and satisfaction of having made the best of our time at NUJS…

This paper seeks to find an answer to the longstanding dilemma of whether there is room for Islam in modern liberal societies by posing rhetorical questions to Western democracies and members of the Islamic faith alike. Written from the neutral perspective of an outsider, it argues that a misplaced notion of self-censorship and a mentality of constant rejection of criticism characterise Islamic responses to contemporary world controversies. The paper regards such behaviour to be hypocritical to notions of free speech and expression and calls upon Islam to take the onus of setting the record straight by resorting to peaceful and legitimate means of protest against provocations and conceptions that it seeks to deny. It argues that for Islam to live under the same umbrella as western liberalism, it needs to adapt itself and be more receptive to criticism.

While the country is moving towards realizing the goal of achieving the vision of a developed India by 2020, there are still many challenges to be met for accelerating the progress and realizing the goal within nine years. Since I am amidst students and patrons of law, I will discuss the relationship between the importance of building a society with dignity of life and national economic development which will result in people living in a clean and green environment without pollution, having prosperity without poverty, peace without fear of war and a happy place to live for all citizens of the nation. In this context, let me share with you a few thoughts on the topic ‘Evolution of A Happy Society…

The question of whether sexual intercourse, consent to which has been obtained by a false promise of marriage, amounts to rape or not is a question that has come before the Indian judiciary a number of times in recent years. The question has been addressed by the Supreme Court in two recent cases, Uday v. State of Karnataka and Deelip Singh v. State of Bihar. While the former held that the abovementioned situation did not amount to rape, the latter case held to the contrary. This paper carries out an analysis of this question and argues that it is Uday v. State of Karnataka and not Deelip Singh v. State of Bihar which lays down the correct position in law. To prove its hypothesis this paper carries out a review and analysis of all cases that had arisen on the question before Deelip Singh v. State of Bihar. Further, it supports its view by analyzing common law on the matter and goes onto show how the ratio in Deelip Singh v. State of Bihar is based on an incorrect application of the rules of statutory interpretation.

This article aims to deal with the evolution of constitutional adjudication as a formal mechanism for resolving disputes in the area of constitutional law. The interface between law and politics is rather evident in the interpretation offered by courts. This can create obstacles mainly because of the differences that exist between constitutional law and ordinary law. While this interaction has always existed, at times, it gives rise to certain inevitable conflicts in interpretation thus casting doubts on the efficacy of constitutional democracy. The paper proposes to suggest remedies such as restraint in use of power by courts by way of amendments Since the role of the judiciary is only to interpret the existing law, any change in the law or an amendment should vest only with the political powers. This can serve as a check on judicial imperialism and perhaps give incentives to the judiciary to actively participate in discussing the reactions of society to their decisions.

This article examines an unfortunate judicial tendency to depart from the precise wording of the Indian Penal Code by referring to non-Code sources of authority and introducing words and concepts which differ from the Code provisions. This is well illustrated by studying the recent Supreme Court of India judgment in Darshan Singh v. State of Punjab, (2010) 2 SCC 333: AIR 2010 SC 1212 concerning the plea of private defence. The dangers created by this tendency are highlighted and suggestions have been made as to the proper approach that our courts should take.

This paper provides a detailed explanation of the judicial guidelines on private defence and exceeding private defence laid down recently by the Singapore Court of Appeal. By streamlining the numerous provisions on private defence in the Indian Penal Code, the guidelines have injected precision and comprehensibility to a notoriously disorganized and complex area of the law.

India is presently at the doorstep of a revolutionary change in its indirect tax system with the introduction of the Goods and Services Tax (‘GST’). This paper argues that due to the cascading effects of the present CENVAT and State VAT systems and the complexities of the current service tax regime, it is imperative for India to make the GST regime operative. This paper examines the GST in detail, analysing the proposed rates, taxes to be subsumed, proposed administrative setup and the amendments that are needed to make this scheme operative. The paper also analyses the impact of GST through a comparative study with other jurisdictions where such a tax has been made operative. The opinions of various states and various sectors in India regarding the proposed GST scheme have been discussed in tandem with possible methods of reconciliation.

The rights of celebrities to make choices regarding the levels of exposure they wish to accept and to profit from exposure if they choose to, is a well recognized concept in the West. In India, however, the right to privacy which emerged through judicial pronouncements is not equipped to protect celebrity rights. This paper analyses the justifications for protection of celebrity-rights and studies the mechanisms through which other legal systems protect these rights. The paper suggests an intellectual property based approach to the protection of celebrity rights, which can be implemented in India either through legislative enactments or through the incorporation of developments in this regard that have occurred in other common law jurisdictions through judicial pronouncements.

The chapter on Fundamental Rights, contained in Part III of the Indian Constitution, was not incorporated as a popular concession to international sentiment prevalent after the conclusion of the Second World War. It was the ardent desire and persistent demand of our freedom fighters and Founding Fathers that a future Constitution of India should contain a guarantee of fundamental entitlements for the people of India…