Supreme Court of India: The Beginnings by George H Gadbois, Jr; edited and introduced by Vikram Raghavan and Vasujith Ram, New Delhi: Oxford University Press, 2017; pp xxxii + 245, ₹795.
When defaulting borrowers are unable to pay their overdue amounts, the matter invariably lands up with the courts for settlement through a court-regulated process of lenders taking possession of assets and their sale. However, recently some borrowers have challenged the resolution scheme designed by the Reserve Bank of India. The outcome of the judiciary-led resolution processes in the past and the recent judicial intervention are examined.
Contrary to popular belief, there is no litigation explosion. The data from the courts themselves suggests that fewer civil cases are being filed while criminal cases have been steadily increasing. This suggests that litigants are approaching the courts in fewer numbers, and may be resortingto other methods to resolve disputes. It may also be possible that the increase in criminal litigation could be attributed to the use of criminal law to resolve civil disputes.
The Law Commission of India's 260th report contains a seemingly innocuous suggestion to include a clear clause for consent to arbitrate investment disputes in India's 2015 draft Model Bilateral Investment Treaty. There is an intriguing absence of any explanation for this suggestion, which is curious, especially when viewed in the context of the global public debate on investor-state dispute settlement clauses. This suggestion requires robust public debate in India and must not silently sail past.
Usual everyday scenes of gun-totting policemen and armed escort vehicles may convey a sense of security, but all too often appearances belie reality. A close look at the security arrangements at the Madras High Court.
