ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Supreme CourtSubscribe to Supreme Court

Natco-Bayer Verdict

Bayer has lost its case challenging the grant of India's first-ever compulsory licence to Natco Pharma to manufacture an affordable generic version of an anti-cancer drug, but the celebratory air has to be tempered. The issue of what constitutes "local working" of a patent in India remains, in general, unsettled. This article looks at the legality of local working requirements under the Agreement on Trade-related Aspects of Intellectual Property Rights. It also analyses the interpretations of "working" by the Controller General of Patents, Designs and Trademarks, the Intellectual Property Appellate Board, and the Bombay High Court, and considers their broader implications.

Haryana’s Panchayati Raj

The conditions imposed by the amendment to the panchayati raj law in Haryana have not only excluded a large section of the population from contesting elections but have also deprived voters of their right to choose. All appropriate measures must be undertaken to ensure that these exclusionary conditions are withdrawn.

Banning Child Pornography

The government needs to find a mechanism to ban child pornography, and not pornography as a whole, without appearing to be a censoring filter for content on the internet.

Condition of Undertrials in India

A large number of the poor, the Dalits and people from the minority communities are languishing in jail as undertrials because of a property-based bail system and a poor legal aid mechanism. This article suggests ways in which both these tools could be strengthened for speedy dispensation of justice.

Corporate Responsibility for Bhopal

Union Carbide Corporation managed to wrangle out of the Bhopal gas tragedy by exploiting a loophole in the Foreign Exchange Regulation Act. If governments are not vigilant, other companies, ushered for “Make in India”, would do the same.

Supreme Court's Decision on Reporting of Proceedings

The media should not see the Supreme Court's recent decision on reporting of judicial proceedings as a staggering overreaction by the judiciary. It should instead build on the clarity that the Court has brought to the issue and cast itself as a participant in - rather than a victim of - orders aimed at striking a balance between the freedom of the press and the right of a litigant to a fair trial.

Supreme Court's Seniority Norm

Given that the Chief Justice of India composes panels and assigns cases to judges, unlike in systems where cases are randomly assigned to avoid bias or where apex constitutional courts sit in plenary sessions, the question of how the CJI is appointed is crucial. This article seeks to answer this question by empirically investigating whether the seniority norm existed prior to the establishment of the Supreme Court of India - specifically, in the high courts of Bombay, Calcutta, Madras, Allahabad, Patna, and in the Federal Court of India.

Misplaced Priorities and Class Bias of the Judiciary

It is clear from the recent record of the higher judiciary that the imperative of upholding civil liberties, socio-economic rights, and environmental protection has been subordinated to agendas such as the "war on terror", "development" and satisfying corporate interests. Far from remaining faithful to the motives that resulted in the institution of public interest litigation, the Supreme Court has tended to act against the interests of the socio-economically backward.

Myth of Judicial Overreach

The question of judicial activism is once more in the limelight with two Supreme Court judges making observations on the "overreach" of the judiciary. This article examines the veracity of such observations and points out that the courts must intervene to enforce the rule of law and cannot remain mute spectators to the callousness of the executive class.

Tax Change with Retrospective Effect

The legality and propriety of the retrospective withdrawal of excise duty exemption for cigarettes and pan masala manufactured in the north-east. A critical examination.

Pages

Back to Top