[Premium] Arbitration & Conciliation (Amendment) Act 2019 – Analysis

Indian judiciary, according to National Judicial Data Grid Statistics, has about 3 crores pending cases. Due to its slow pace, many prefer arbitration to solve the issues of dispute settlement, monetary recovery, etc. To encourage foreign investments and promote ease of doing business, faster judicial procedures and efficient dispute resolution are essential. Provisions to settle disputes through arbitration are provided in Arbitration and Conciliation Act, 1996. This law was amended twice: in 2015 and during the recent parliament session.

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[Premium] Fast Track Courts in India – An Overview

The government has recently proposed to set up 1,023 Fast-Track Courts (FTCs). This was with the backdrop of Supreme Court in a suo moto petition, issued directions to set up special courts.

The SC stated that the districts with more than 100 cases pending under the Protection of Children from Sexual Offences Act must set up special courts to deal with these cases.

According to National Judicial Data Grid Statistics, there are about 3 crore cases pending in the SC, HCs and the subordinate courts across the country. Focusing on the FTCs to solve this issue is the need of the hour.

Since its establishment, these special courts have disposed of more than three million cases. However, FTCs is currently decreasing and its potential is not fully realized as it lacks basic infrastructure, technological resources, and manpower.

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[Premium] Judicial Review, Activism & Overreach – What is the Difference?

In recent times there have been intense debates and speculations about increasing judicial interventions into the legislative and executive policies of the government. Being a parliamentary democracy, it is essential to understand the limitations and distinctions of the authority vested in the executive, legislative and judiciary to ensure proper cooperation and coordination within the government.

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[Premium] Capital Punishment in India – Should we do away with it?

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There is growing support for abolishing capital punishment in India and it needs serious consideration since, on the other side, there has been a nationwide outrage over the series of incidents of sexual assaults of minor girls, like the one in Kathua. The Supreme Court itself admitted on many occasions that there are confusion and contradiction on the application of the death penalty.

This article explains the following in an analytical manner with a mindmap for quick revision:

  1. What is capital punishment?
  2. What is the need for capital punishment?
  3. What are the arguments in favour?
  4. What are the arguments against?
  5. What is the evolution of the death penalty in India?
  6. Why India still retains it?
  7. What are the protections against capital punishment in the constitution?
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Collegium System in India – The Controversy of Judiciary Transparency vs. Independence

Recently, the Supreme Court Collegium has arbitrarily withdrawn its own decision on appointing two judges and has recommended names of two other judges to the government for elevation to the Supreme Court by superseding 3 judges senior to them. It highlights issues regarding the appointment of judges and the need to understand the system of judicial appointments in India.

[Premium] All India Judicial Services (AIJS) – The Conflict between Judiciary Independence & Backlogs

NITI Aayog in its recent ‘Strategy for New India @ 75’ document, suggested for the establishment of All India Judicial Service. However, the number of different shortcomings and concerns in its implementation necessitates a relook on the proposals.

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