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Tag: law

The Insolvency and Bankruptcy Code 2016

Introduction –

The Insolvency and Bankruptcy Code, 2016 (IBC) is the bankruptcy law of India which seeks to consolidate the existing framework by creating a single law for insolvency and bankruptcy. Before the introduction of IBC existed various statutes like The Sick  Industrial Companies Act, 1985, the Securitisation and Reconstruction of financial assets and Enforcement of securities interest Act, 2002, the Recovery of Debt due to banks and financial institutions act, 1993, and the Companies Act, 2013 all of whose operations were involved in the insolvency process now reduced to IBC only. All these multiple legal avenues ultimately led to a large number of NPA’s being piled up and a number of creditors waiting for many years to recover their money. IBC aims at combining all these different avenues for better flow of credit within country.

Is There ‘Justice’ in the Selection of Judges?

Since the advent of the collegium system in 1993, it has been a matter of contention. It surfaced again in the daily with the despotic transfer of the Chief Justice of Madras High court, Vijaya Tahilramani to the Meghalaya High court. To understand why this issue has never left the editorials, it is paramount to have a Historical Overview.

A ‘Case’ Against the Ayodhya Verdict

A five-judge bench of the Supreme Court unanimously gave a court decision favouring the “Hindu” parties and compensating the “Muslim” parties in a long-drawn battle over the Babri-Masjid land on 9th November, 2019. The court had clearly stated that it would only be dealing with the issue as a civil title dispute and not delve into any other aspect of the issue. The verdict which finally settled one of the most controversial and disturbing issues has been largely celebrated and welcomed, with most applauding the apex court for giving “something” to both the parties and burying the issue to the ground so that Indians could finally move past the vindictive politics of Babri Masjid-Ram Janmabhoomi conflict in Ayodhya. Despite the largely positive acceptance of the verdict, there has been a section of lawyers and scholars who found the judgement to be legally and logically unsound and some of them have even filed review petitions in the Supreme Court. In this article, I aim to address some of the points that have been raised against the verdict and present a case against the judgement.

10 Important Amendments to the Indian Constitution

The Constitution was written and enacted on 26th November, 1949. The Indian Constitution, the longest written constitution in the world was written with great detail and clarity by the Constitution makers. They ensured that the constitution was flexible enough to accommodate the changes and improvements in the future. The Constitution has been amended several times since, and as of 2019 has 103 Constitutional Amendments. Amending the Constitution is not an easy procedure, that is what gives strength and authority to it. But, it is also crucial that the Constitution adapts to the changing needs of the time. Here are listed some of the major Constitutional Amendments:

India’s law makers are too often law breakers as well

Why does a ‘clean politician’ sound like an oxymoron in modern day Indian polity? Why is crime and politics so interwoven that Indian law makers are too often law breakers as well? Probably this is one of the most difficult questions that India, known to be the largest democracy in the world, faces today.

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