Nashrah Fatma, B.A.L.L.B. (H), Jamia Millia Islamia
The reporting of precedents in law is known as Law Reporting. The concept of law reporting has been passed onto us by the British. The East India Company and then the Crown gradually extended the British Judicial System to India. The doctrines of precedent, stare decisis, obiter dicta and other aspects of the British legal system were also introduced in India. According to the theories of precedent and stare decisis, the law established by the superior court is binding upon the subordinate courts and they must adhere to the established guidelines in every case that comes before them. A court in India is bound by the ratio decidendi of every case decided by a higher court. However, the Supreme Court and the High Courts are not bound by their own decisions. The purpose of law reporting is to provide legal practitioners and judges of all courts with precise precedent case-laws. It is easier for the courts to decide a case based on similar facts and legal issues. As a result, Law Reporting is very useful in courts for the quick and easy disposal of cases. Having a quintessential and affordable law reporting system is the need of the hour.
Keywords: precedent, law report, publication, judgments.
Tharani Vemuganti, Tharani Vemuganti has a masters degree in law with specialization in Public Law and Legal Theory from NALSAR University of Law, Hyderabad
The challenge of federal laws by the constituents of a federation for the violation of individual’s rights has been a debatable issue across the world. A recent example is the challenge of India’s controversial Citizenship Amendment Act, 2019 by an Indian state on the ground that it violates the fundamental rights of citizens. While the issue is yet to be decided by the Supreme Court, the author, through a comparative lens, attempts to understand whether the state can do so. The position in the U.S.A is that the states may challenge in the capacity of Parens Patriae demanding benefits under the federal laws, but not while demanding protection from the same. Australia, on the other hand, bestowed upon the Advocate General, the role of Parens Patriae and allows them to check the Commonwealth’s Constitutional boundaries. The position in India is however not simple since the Constitution neither recognises the principle of Parens Patriae nor allows the states to check the centre's powers. The author finds that the quasi-federal nature of India allows states to challenge central laws involving states’ legal rights but does not allow the states to act as representatives to the individuals residing within its bounds.
Shagufta Anjum Allauddin Eksambi, Principal & Research Scholar at Alliance University, Bengaluru
Motherhood is a joy cherished through natural conception and in some cases of infertility accomplished through substituted reproduction known as Assisted Reproductive Techniques (ART). In the area of reproduction, ART techniques appear as a boon for infertile couples in begetting their genetic child through Intrauterine Insemination, Intrafallopian transfer, Intracytoplasmic sperm injection, In Vitro Fertilization, Surrogacy.
With the advancement of Science and Technology, Artificial Intelligence (AI) has ventured into the personal space of human beings simplifying ‘life’. AI is the intelligence displayed by machines based on the data stored into these machines. There are 3 major categories of AI methods widely used in medical applications: Machine Learning (ML), Natural Language Processing (NLP) and Robotic Surgery.
Multiple machine learning techniques have been used to improve the performance of assisted reproductive technology there-by minimizing failures, enhancing pregnancy success rates, and avoiding multiple pregnancies. Through personalizing treatment for individual patient based on his/her medical history, clinicians are trying to achieve best results. ML is used for embryo or Oocyte scoring selection through Pre-implantation genetic diagnosis (PGD)1, Sperm morphology through computer-aided sperm analysis (CASA) systems. This indeed is a boon rather than a bane for couples desiring to have their offspring.
Given this breakthrough in the medical field, laws in India should incorporate this new technology. The half-baked laws on ART and Surrogacy should be passed with immediate effect so that the aggrieved can reap benefit of this technology.
Keywords: Embryos, Assisted Reproductive Technology (ART), Intra Vitro Fertilization (IVF), Surrogacy, Artificial Intelligence.
Sagarika Kaul, B.A.LLB, O.P. Jindal Global University
In Mohammad Salimullah And Anr. v. Union of India And Ors, the Supreme Court issued an interim order, allowing the deportation of Rohingyas from Indian territory. This case comment uses a three-pronged approach to assert its case in favor of refugee protection in India. To begin with, India is legally bound to protect Rohingyas through the sundry legal instruments that it has assented to abide by. In arguendo, this stringent onus has been thrust upon India by virtue of the widely accepted principle of non-refoulement. Given the non-derogable nature of this jus cogens norm, India is duty-bound under formally codified law as well as by customary law. Finally, alongside this twin layer of binding obligations, the Indian Constitution itself asserts the need for a holistic interpretation of international law and domestic law. This has been interpreted by domestic courts not only to create a negative duty of protection but a positive obligation of affirmative action. Taking this settled legal position into account, this comment seeks to argue that the ill-defined nature of our refugee laws has resulted in a complete disregard for basic human rights. This comment implores the court to apply a sound reading of international and Indian laws to ensure that such an untenable interim order is not implemented. Beyond legal argumentation, this comment rekindles the need to address a larger objective: the enactment of a comprehensive skeletal legal framework to govern the rights of refugees. Judicial review can be consistent only with proper legislative guidance in the form of a robust set of laws on the subject.