Chatter #15: Essential Legal Bytes (AAP Goons, Indian Constitution, Double speak, Trademarks, States and Supreme Court)
This week's legal news includes AAP Goons, Indian Constitution, Double speak, Trademarks, States and Supreme Court
VACATION NOTE: After a long time, we will take a break for a vacation during the long weekend. This weekend's email will not come through. Meanwhile, wanted to share this link with commentaries on the verses in the first Chapter, I had written over a decade back. Please read through these in the meanwhile. If you find this useful, then I can attempt the subsequent chapters.
1. Part of goons
Contrary to what the jokers at AAP say, the fact is that its goons like Satyendar Jain have masterminded money laundering. Now, even the Delhi High Court has called it out.
Former Delhi cabinet minister Satyendar Jain is the "conceptualizer, visualizer and executor" of the entire operation through which money has allegedly been laundered, the Delhi High Court observed.
Read the article and think about it when you listen to Arvind Kejriwal next time as he eulogizes Jain again.
2. What saves India's Constitution?
When Constitution makers started writing the Indian Constitution, they began with a dim view of the people in whom they were to vest the power to rule themselves. Ambedkar famously said:
Contrary to the rather narrow views of Ambedkar, the fact is that Dharma is the reason why democracy is alive in India. And finally someone says it the way it is. Justice Swaminathan of Madras High Court.
"Constitution is the ultimate for everyone. If the Constitution has to remain the same, the demographic profile that existed at the time of its (the Constitution's) formation must remain unaltered. Only if the demographic profile remains the same, will the Constitution remain the same. If the demographic profile changes, the Constitution will perish," Justice Swaminathan said.
If the demographic in the country changes, you don't need to speculate how India will be. In India vs Pakistan you have a perfect Social Laboratory experiment - "All things being equal change just one variable and see the results."
3. Judicial Double Speak
Supreme Court justices are a bunch of double-speaking bunch. Let us simply out the stuff here for you to make your own idea.
CJI was mad at the media for criticizing the judiciary and judges. Aww, that's cute. He wants the media to desist from "media trials" and that lovely word of democracy. One can see he stopped short of banning certain media houses.
But oh when any idea rumored about any media house "being banned", CJI gets all up in arms.
And then dissent becomes critical to democracy. Of course that discourse should steer clear of his ilk! LOL
4. Trademark infringements
In India trademarks infringement is real. It is quite common for stores or businesses in small towns to have names based on large corporations.
5. Herding the States
The Indian judiciary is all over the place. Irrespective, the fact is that High Courts in the states should NOT be subservient to the Supreme Court. They are the law in their states. The Supreme Court, however, does not believe so. And it comes out in this communique as well. Why would the Supreme Court want to herd the State courts into one ideological stand?