Abstract

Registered Investment Advisors (RIA) who are registered with the Security Exchange Board of India (SEBI) has reported several problems like charges, their role, services, and the exorbitant fees which they charge from their investors. The Investment Regulation has been laid down to make a framework for investment advisors. Taking a step for numerous complaints filed against investment advisors, it has been addressed with the amendment made in July 2020. These amendments are necessary for the smooth and regulatory functioning of the entity. The main focus of this amendment has aimed for the interest of investors. Investors are the ones who are investing their money hence they must be given enough security on whatever they invest. The key regulatory changes on fee clause, net-worth clause, segregation of activities, and the agreement must be made between both the client and the investment advisor. The author in this article has given an overview of the amendment and the reason behind these changes and the positive and negative impacts of the same.

Abstract

Freedom of speech and expression is the personification of a democratic form of government. Over the years, Section 124A of the Indian Penal Code that deals with sedition has been debatable and dubious in the arena of freedom of speech and expression. The article not only provides entangled or contradicted views of Judiciary and Government, but also deals with the fact of misuse and misinterpretation of the cryptic law due to its archaic nature including the historical and present time torture against the accused. Moreover, it conveys an urgent need to follow the International guidelines with an ultimate aim to protect and strengthen democracy.  

Conspiracies inside of government, or the appearance of conspiracy, can be found within the annals of most countries.                            – Ryan Gingeras, How the Deep State Came to… Continue Reading →

Abstract

The word “Sedition” means action or expression that results in rebellion against the authority of the state. This law was enacted by the colonial government to curb people’s views on government and its ruling. Since then the Law of Sedition is defined under Section 124A of the Indian Penal Code. But the implementation of this law is in contravention of our freedom of speech and expression. Various governments have misinterpreted this section, and the views of citizens are used against them. Is this how a democratic country governs its citizens? Increase in violence and protests is not because the people are exercising their fundamental right to freedom of speech and expression unreasonably, instead, it’s because of lack public platforms provided by the government for its citizens to voice their opinions. In this article, the author has expressed his views regarding the constitutionality of the sedition law and has questioned whether mere criticism of the government amounts to sedition.  

Freedom of Speech and Expression lies in the foundation of our democracy. Any tool, used to deny it to us, no matter how pious its intention is, either needs to be scraped or needs to be amended. One such law is Contempt of Courts Act, 1971. Freedom of speech & expression includes the right of every citizen to criticize the court, the judiciary and its administration. On the other hand, courts to maintain their independence, use the power of contempt to punish one who lowers the dignity of the court or interferes with administration of justice. This precisely is the conflict between Freedom of speech and expression and contempt of court. Both freedom of speech and power of contempt are essential for a democracy as both are for the benefit of the public. Freedom of speech and freedom of press secures judicial onus whereas power of contempt maintains dignity of court. It is in this background that we will be discussing the position in other countries juxtaposed with India so that proper conclusion may be derived in this regard. To understand the imbalance lets recognize the concept of Contempt of Court.

The world is facing the highest refugee crises ever since World War II and the conditions have significantly worsened ever since. Millions of homeless people in search of food, shelter, and jobs are roaming in some other country and have a title of being ‘stateless”. These conditions raise questions on the governments of not just the origin countries but also on the host countries. A humanitarian approach is the only way in dealing with the refugee crises and every nation must keep this in mind while handling refugee crises.

The recent overturning of a landmark judgement in the field of abortion rights in the U.S. has bemused countries across the globe with regard to the plight of Women’s rights in the U.S. The overturning of Roe v. Wade in June 2022 came as a shock to several women who were relying on the confidence instilled by the historic judgement. Abortion rights in the U.S. have rolled back to their starting point following this unprecedented decision of the Supreme Court of the United States (herein referred to as “SCOTUS”). For a country like the US, which boasts about its progressiveness and values, this is a severe blow to its proclaimed notions of individual freedom and privacy.

Ancient civilizations, empires like the Byzantine Empire’s Code of Justinian, to religious books bear testimony to the fact that humanitarian law and laws of war exist to contain the ravages and tyranny of war. Perhaps the need to systematize was felt only during the Second World War when ghastly crimes against humanity were executed. To reiterate military necessities and simultaneously balance the concerns of humanity, International Humanitarian Law (IHL) was brought into force.

 “Space is for everybody. It’s not just for a few people in science or math, or for a select group of astronauts. That’s our new frontier out there, and it’s everybody’s business to know about space.”

-Christa McAuliffe

 ABSTRACT

The amendment to the constitution of any nation around the world is a sacrosanct procedure which is done in order to change the constitutional jurisprudence of the country and to meet the demands of the changing times. Whenever a constitution is amended many factors are taken into consideration to pass an amendment. These factors can be the will of the people or the need to incorporate the interpretation of the constitution by the constitutional courts; but, many a times these factors can also be political appeasement. This phenomenon is not seen in most countries, because most tend to amend the constitution for virtuous purposes to provide stability, whereas some choose not to because it is already stable. Constitutions should be amended, yes, but not hastily and frequently; it should be amended for the right purposes. At the same time its original identity, text, and intent are not be changed to give it an altered look.

“It is certain, in any case, that ignorance, allied with power, is the most ferocious enemy justice can have.” – James Baldwin

ABSTRACT

In India, the Unlawful Activities (Prevention) Act, of 1967 (UAPA) is considered major legislation in keeping terrorism under control. However, the Act has been criticised in many instances for its stringent and stern provisions. Where the objective of the Act was actually to free India from the shadows of terrorism, the provisions in reality tie down India to the arbitrary and oppressive acts of the executive. This article deals with analyzing the Unlawful Activities (Prevention) Act, of 1967 and how the judiciary plays an important role in securing the country against the evils of the Act.

Approached by the carriers of both anguish and prosperity, immigration has existed throughout the centuries. This global social movement has thus evolved and transitioned accordingly, with the age, time, and places it has existed, and so have its laws. This article shall unravel and illustrate the massive shift in immigration laws across the globe and further outline its impact on the nations.

   FACTS  The appellant “L’oreal” filed an application with the trademarks registry in Class 3 of the Trademarks Act, 1999 for the label “Pillow proof blowdry” which was used for its shampoos, gel, lotions, balm, wax, conditioners, powders etc. The… Continue Reading →