The Indian constitution is the largest written constitution, containing 470 Articles in 22 parts and with 12 schedules and it is this towering treatise that guarantees the right to its people. But what does the Indian constitution say about the rights of foreign nationals? Before answering this question it is essential to understand the concept of foreigners according to the provisions prescribed in Section 2 of the 1939 Registration of Foreigners Act which defines a ‘foreigner’ as ‘a person who is not a citizen of India’. Now coming back to the original premise the fundamental rights are granted under Part…
Author: Amritesh panda
This article is written by Amritesh Panda, student of Symbiosis Law school, Pune The Collins English dictionary gives an interpretation of antitrust laws as those laws that are intended to stop large firms taking over their competitors, fixing prices with their competitors, or interfering with free competition in any way. In other words these laws protect the consumer, by promoting Competition Environment and taking actions against the monopolists. It’s derived from the word ‘trust’. A trust was an agreement by which stakeholders in several companies transferred their shares to a single set of trustees. While competition laws vary from nation…
Case title: Joseph Shine vs Union Of India Court: Supreme Court of India Bench: Justice Deepak Mishra, Justice R.F Nariman, Justice D.Y Chandrachud, Justice A.M Khanwilkar and Justice Indu Malhotra Petitioner: Joseph Shine Respondent: Union of India Citation: 2018 SC 1676 A short history of section 497 of the Indian Penal Code In India, the provision of ‘adultery’ under the penal statutes has gained controversy from its inception. The main architecture of the Indian Penal Code, Lord Macaulay, was against the insertion of such section in the original draft and wanted to keep it out of the purview of penal…
This article is written by Amritesh Panda, a student of Symbiosis Law School, Pune After the Trump administration endorsed Gilead Science’s remdesivir as an emergency drug for treating COVID-19, countries rushed to stock it. Gilead has authorized four Indian and one Pakistani firm to manufacture remdesivir. The demand for this ‘experimental’ drug has outstripped the supply, meaning its price will remain high. Two health groups have written to India, the world’s biggest generics producer, to invoke its compulsory licensing law to revoke the American firm’s patent on remdesivir. However, it’s not an easy decision to make. In the absence of…
Business tycoon Vijay Mallya was denied permission to appeal to the UK Supreme Court against a High Court order that upheld a 2018 ruling to extradite him to India to face fraud charges resulting from the collapse of his defunct company Kingfisher Airlines. The decision ends his legal options to challenge his extradition. Under the India-UK Extradition Treaty, the UK Home Office of minister Priti Patel is now expected to formally certify the court order for Vijay Mallya to be extradited to India within 28 days. Mallya’s extradition was ordered in December 2018 by the Westminster Magistrate’s Court in London…
This article is written by Amritesh Panda, a student of Symbiosis Law School, Pune. As the economy struggles with the lockdown and thousands of firms and workers stare at an uncertain future, some state governments last week decided to make significant changes in the application of labour laws. The most significant changes were announced by three BJP-ruled states — UP, MP and Gujarat — but several other states, ruled by the Congress (Rajasthan and Punjab) as well as BJD-ruled Odisha, too made some changes, although smaller in scope. UP, the most populous state has made the boldest changes as it…
This post is written by Amritesh Panda, student of Symbiosis Law School Pune In this unprecedented times as the number of COVID-19 cases has surpassed 4 million worldwide and various governments around the globe are grappling with the question, about how to end the lockdown and open up their economies, there is something spreading faster than the deadly virus, the spread of xenophobia, scapegoating and communal hate. Covid-19 is not the first global pandemic. However, faster modes of transport and greater intermingling mean that the contagion has spread in no time at all and its effects are being felt across…
The National Human Rights Commission took suo moto cognizance of the Styrene gas leak in Vizag which so far has claimed 11 lives, leaving another 5,000 ill. The NHRC has called it a violation of human rights. The leak affected people in a radius of about 3 km of the plant, leaving them with difficulty in breathing and skin rashes, the NHRC noted. The NHRC, meanwhile, noted that at a time the country is struggling with the COVID-19 pandemic, the tragedy has come as a “bolt from the blue”, especially for the poor. The NHRC notice records that while there…
This post is written by Amritesh Panda, a student of Symbiosis Law School Pune. In a recent Supreme court judgment, the apex court found three persons guilty of contempt of court for making a scandalous allegation against the judges, the Supreme Court made certain observations on the boundaries that should be kept for criticizing a judgment. The Court said that a citizen must have some standing or knowledge before questioning the capability or integrity of a judge of the highest court. “No doubt, any citizen can comment or criticise the judgment of this Court. However, that citizen must have some…
A three-judge bench of the Supreme Court led by Justice NV Ramana reserved its order on a batch of petitions seeking restoration of 4G internet services in Jammu and Kashmir claiming the 2G service available in the Union Territory is not sufficient for education and business purposes amid the ongoing coronavirus-induced lockdown. During the hearing, attorney general KK Venugopal appearing for the Central government said that the orders that have been passed specifically stated that restrictions of internet speed are required for national security. Venugopal said that it’s about the protection of the lives of the entirety of the population…
Case title: Maneka Gandhi v Union of India (1978) Court: Supreme Court of India Bench: M.Hameedullah , Y.V.Chandrachud, P.N. Bhagwati, V.R. Krishna Iyer & N.L. Untwalia, S.M. Fazalal, & P.S. Kailasam. (7 judge bench) Petitioner: Maneka Gandhi Respondent: Union of India Citation: 1978 AIR 597, 1978 SCR (2) 621 Facts of the case Maneka Gandhi was issued a passport on the 1st of July 1976 under the erstwhile Passport Act 1967. After three days of this issue, she received a letter dated 2nd of July, 1977, from the Passport Officer regionally in charge in Delhi communicating to her that it…
This post is written by Amritesh Panda, student of Symbiosis Law School, Pune. The current generation (the so-called “millennials”) have not witnessed such a large scale global disruption and devastation, the novel coronavirus has destabilized the entire country and not a single sector has been spared from its effects. This kind of global disruption and pandemonium was last seen in the Spanish flu of 1918, which first broke out in Bombay and later spread across the entire country. The Hindi poet, Suryakant Tripathi, popularly known as Nirala, wrote in his memoirs that “Ganga was swollen with dead bodies.” As…
The University Grant Commission has issued important guidelines for Universities and colleges amid COVID-19 situation. The UGC constituted the committee on April 6 to deliberate and make recommendations regarding issues related to examinations and the academic calendar. The panel was headed by Professor RC Kuhad, former UGC member and VC Central University of Haryana. The University Grants Commission on Wednesday, 29 April, issued fresh guidelines UGC Academic Calendar, Exam Guidelines: 10 Important Points These UGC guidelines are advisory in nature and the universities may chart out its own plan of action taking into consideration the issues pertaining to COVID -…
This post is written by Amritesh Panda, student of Symbiosis Law School, Pune As the world and the government is grappling with the novel Coronavirus, the condition of workers especially migrant workers is in dire condition. A nationwide lockdown was announced by the Prime minister Narendra Modi in 24 march 2020, to curb the spread of the virus, this action sent chilling fear amongst millions of migrants workers across India. In the ensuing panic, migrant workers, the majority of whom were daily wage earners, took to the highways to get back to their villages on foot several hundred KMs away.…
Title of the Case- Chebrolu Leela Prasad Rao and others v. State of Andhra Pradesh and others. Court – Supreme Court of India Bench- Justice Arun Mishra, Hon’ble Ms. Banerjee, Vineet Saran, M.R. Shah, Aniruddha Bose (5 judge bench) Appellants – CHEBROLU LEELA PRASAD RAO & ORS Respondents- STATE OF ANDHRA PRADESH & ORS Citation- 2020 SCC OnLine SC 383, Appeal (Civil), 3609 of 2002, Facts of the case The governor of Andhra Pradesh in the exercise of his powers under para 5(1) of Schedule V to the Constitution of India, directed that the posts of teachers in the educational institution in the…
