Judicial Activism and Judicial Overreach: A Need to Define the Wafer-Thin Difference

Authored By Paras Gupta, Student Editor, Lexstructor _________________________________________________________ Time and again, there have been regressive and languishing debates on the pressing need to define the distinction between judicial activism and judicial overreach, but with no conclusions. Often the judicial overreach is misunderstood with the judicial activism and the results are, no doubt, catastrophic. Judicial activism...

Can Virtual Hearings be considered as a new paradigm for Speedy Justice? – A brief analysis in view of recent NJDG statistics for pending cases

By Somya Gupta, Intern (May, 2020), Lexstructor ____________________________________________________________________________ As the corona virus (COVID-19) pandemic sweeps across the country, it has affected India’s economy , administration and its legal system too. Government have taken various measures like social distancing, lockdown all over the country to prevent people from being getting infected. The lockdown is being extended...

ARTICLE 25 AND ARTICLE 26- A RELIGIOUS DILEMMA

By Shivam Mishra, 3rd Year, Dr. Ram Manohar Lohiya National Law University, Student Editor - Lexstructor ________________________________________________________________________ I.  INTRODUCTION Professing, practicing, and propagating one’s faith is an entitlement which human community has been conferred with since the very beginning and it has been recognized as an inalienable right of every human being not only on...

Free Speech, Social Media & Contempt of Court : A Rollercoaster Ride

By Abhinav Akash, Student, DSNLU, Vizag _____________________________________________________________________________ In a democracy the people should have the right to criticise judges. The purpose of the contempt power should not be to uphold the majesty and dignity of the court but only to enable it to function. The basic principle in a democracy is that the people are...

The Recent Arjun Khotkar Verdict vis-à-vis a Revisit to Section 65B of the Indian Evidence Act – What’s all the fuss about?

By Shailja Mishra, Student, ICFAI Law School Hyderabad __________________________________________________________________________ The long standing conundrum revolving around the varied interpretation of section 65(B) of Indian Evidence Act, 1872 has been simplified to some extent by the recent judgment of three judge bench of the apex court dated 14th July 2020 in Arjun Khotkar vs Kailash Gorantyal[1]. The...

Section 2(c)(i) of the Contempt of Courts Act and the plethora of dilemmas revolving recent judicial developments – An Outdated Provision in a changing legal system?

By Rachana Marda, Intern, Law Student, Symbiosis Law School Pune Contempt is the legal recognition of disregard. Contempt of Court was recognized as a cardinal principle of rule of law by the framers of the constitution to maintain the dignity of the judiciary in a democratic set up. It came into existence through the English...

Restoring the Forgotten Spirit of Secularism enshrined in Articles 25 and 26 of the Constitution in Reference to the Recent Religious Violence

By Kumari Pooja, Student Editor (Probationary), Lexstructor This is the highlight reel when the word ‘secularism’ needs a clarification as this word has become an object of ridicule and contempt in recent years that witnessed conflicts related to CAA, Kashmiri Pandits, ban on cow killing, Ram Mandir or any religious tensions. Saddled with lot of...

Drone Rules, 2020 – Salient Features and Plethora of Concerns revolving around the Unmanned Aircraft System

By Rohit Singh, 2nd Year, LLB, Law Centre - II, Faculty of Law, DU Ministry of Civil Aviation has published the draft unmanned Aircraft system Rules, 2020 and set the rules to allow beyond visual line of sight (BVLOS) operations, and bring drone traders under its ambit. It is a great step to contribute to...

Consensual Intercourse vis-à-vis False Promise of Marriage – The Changing Dimensions of ‘Consent’ in the Offence of Rape

By Paras Gupta, 2nd Year, B.A.LL.B (Hons.), Kurukshetra University Rape, the most hated crime, is proliferating its roots at an irrepressible rate in India with the rape on pretext of false promise of marriage becoming one of its robust branches. ‘By promising marriage’ has become a means for individuals to cheat their partner. According to...

The Status of Online Petitions in India: Concept, Effectiveness and Legal Validity

By Pritha Ghosh, 2nd Year Law Student, Ajeenkya DY Patil University of Pune "The ongoing violence in Yemen has been ceased and the forces of the world have joined hands to restore the years of injustice after an online petition secured over 13,00, 000 signatures. " Read a news headline in an alternate universe where...