India Legal - May 10, 2021

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TOWARDS COVID-19 CONSTITUTIONALISM?
Judicial exasperation was seen in many orders, be it dealing with the Covid-19 situation or the EC’s conduct during polls. The judiciary has tried to ensure that constitutional discipline on power becomes an asset, not a liability, during the pandemic.

SC permits Vedanta to produce oxygen at Tuticorin plant

The Supreme Court allowed Vedanta Limited to operate its Sterlite Plant in Tuticorin, Tamil Nadu, to manufacture medical grade oxygen amidst the national Covid-19 crisis. Senior advocate CS Vaidyanathan, who appeared for the state of Tamil Nadu, placed a memorandum before the bench, which read that Tamil Na du will constitute a monitoring committee to monitor operations at the Sterlite plant.

1 min

SC dismisses PIL seeking CBI probe into death of Arunachal CM Kalikho Pul

The Supreme Court dismissed a Public Interest Litigation, which had sought an investigation by the Central Bureau of Investigation into the death of Kalikho Pul (right), former Arunachal Pradesh chief minister.

1 min

Accelerating the “Avalanche of Evils”: Towards Covid-19 Constitutionalism?

Judicial exasperation was seen in many orders, be it dealing with the Covid-19 situation or the EC’s conduct during polls. The judiciary has tried to ensure that constitutional discipline on power becomes an asset, not a liability, during the pandemic

7 mins

“Beg, Borrow, Steal... Make Oxygen Available”

A distressing spectacle has unfolded itself as citizens fight for oxygen, hospital beds and medicines. Even as insensitive governments looked on, it was Courts that gave the much-needed succour

7 mins

India Gasps for Oxygen

Images of breathless people scrambling to hospitals have shocked the nation. As the macabre dance of death continues, what is obvious is the lack of planning in every sphere by our bumbling governments

6 mins

Vaccination from Home?

Showing its concern for senior citizens, the Bombay High Court asked the centre if it was possible to inject them at home. It took the example of Los Angeles and Israel

4 mins

INDIAN-AMERICAN CIVIL RIGHTS LAWYER VANITA GUPTA CONFIRMED AS ASSOCIATE ATTORNEY GENERAL OF US

VANITA GUPTA, a prominent Indian-American civil rights lawyer, has been confirmed by the US Senate as Associate Attorney General, making her the first person of colour to occupy the third-highest position at the Department of Justice.

1 min

“The State is Morally Bound to Uphold the Fundamental Rights of the People”

Former Attorney General of India and renowned jurist SOLI JEHANGIR SORABJEE, 91, passed away at a private hospital in New Delhi on April 30, 2021 due to Covid -19. The legal luminary started his career in the Bombay High Court in 1953 and rose to become India’s highest law officer, the Attorney General of India (AGI), first during 1989-90 and then from 1998 to 2004. Also known for championing human rights, he was appointed the UN Special Rapporteur for Nigeria in 1997. He was also a member of the Permanent Court of Arbitration at The Hague from 2000 to 2006. He was honoured with the Padma Vibhushan in March 2002 for his defence of freedom of speech and protection of human rights. A prolific writer, he has written on various subjects such as the Emergency, censorship, the press, fundamental rights, the Constitution and human rights. In an exclusive interview with RAJSHRI RAI, editor-in-chief, APN News that appeared in India Legal (June 22, 2020 issue), he had talked about the migrants’ plight, judicial activism and the Supreme Court. Excerpts:

3 mins

The Variant Scare

Adding to the fear and concern about the Covid-19 pandemic, what is scarier are the number of mutations and variants that have emerged. It is not unexpected: All viruses mutate by making copies to thrive. We have the Indian variant (B1.617) that is spreading fast—to 21 countries according to the GISAID global database—and causing other countries to shut its borders to travellers from India. We also have the UK or Kent variant (B.1.1.7) seen across much of Britain, which spread to more than 50 countries and appears to be mutating again. The South Africa variant (B.1.351) has been found in at least 20 other countries, including the UK, while the Brazil variant (P.1) has now been found in other countries.

1 min

Restoring Credibility

The tenure of the previous chief justices of India revealed a lack of consensus among the collegium members. The new chief justice needs to take this seriously, along with other judicial issues that need to be addressed urgently to restore the credibility of the Supreme Court

8 mins

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