The Legal Today

LAW AND THE SUSTAINABLE DEVELOPMENT GOALS: ADVOCATING FOR JUSTICE, EQUITY, AND ACCOUNTABILITY — Reimagining the Legal Profession’s Role in the SDG Era Abstract The legal profession, as a cornerstone of governance and justice, holds a unique position in advancing the United Nations’ Sustainable Development Goals (SDGs). This article explores how law firms, in-house counsel, and legal institutions are aligning their practices with the SDGs through advocacy, compliance, and innovation. By focusing on SDG 16 (Peace, Justice, and Strong Institutions) as a linchpin, the legal sector is driving systemic change in areas such as climate litigation, gender equality, corporate accountability, and access to justice. Challenges like ethical dilemmas, regulatory fragmentation, and greenwashing risks are examined alongside opportunities for cross-sector collaboration and purpose-driven legal practice. I. Introduction The 2030 Agenda for Sustainable Development underscores the rule of law as critical ...

Reforming Waqf Governance: An Analysis of the Waqf (Amendment) Bill, 2024 The Parliament of India has recently enacted the Waqf (Amendment) Bill, 2024, bringing about a comprehensive overhaul to the existing framework governing waqf properties. The Bill amends the Waqf Act, 1995, with the stated objectives of enhancing transparency, ensuring inclusivity, and aligning waqf administration with contemporary legal and digital standards. However, the changes have stirred both support and criticism across legal, political, and religious spectrums. This article analyses the key amendments and compares them with the erstwhile provisions to evaluate the implications of the reform. A. Old vs. New Provisions 1. Creation of Waqf a. Old:  Allowed oral waqf declarations and recognized "waqf by user (long-term use for religious purposes).  b. New:  Requires formal written waqfnama, removes recognition of "waqf by user unless already registered. Only practicing Muslims for at least 5 yea...

Role of a Criminal Attorney for the Accused, Complainants, and Convicts A criminal attorney plays a pivotal role in the legal system, ensuring justice is served at every stage of a criminal proceeding. Their responsibilities differ based on whom they represent—the accused, the complainant (victim), or the convict. The principles of criminal justice revolve around: A. Fair trial and defense rights for the accused B. Justice and protection for the complainant (victim) C. Post-conviction rights and rehabilitation for convicts A. Role of a Criminal Attorney for the Accused (Defense Lawyer) The Indian Constitution and criminal laws ensure that an accused person is presumed innocent until proven guilty. A criminal defense attorney safeguards this principle by providing legal representation and challenging the prosecution’s case. Key Responsibilities: a. Legal Representation: Representing the accused at all stages—pre-trial, trial, appeal, and post-conviction. Ensuring the accused’s right to ...

RES JUDICATA: DOCTRINE OF FINALITY AND JUDICIAL ECONOMY A Critical Examination with Jurisprudential and Comparative Perspectives Abstract The doctrine of res judicata, enshrined in Section 11 of the Civil Procedure Code, 1908, embodies the principle that there must be an end to litigation. It serves to preclude the re-litigation of issues already adjudicated, reinforcing the finality of judicial decisions. This article offers a comprehensive doctrinal and jurisprudential analysis of res judicata, encompassing its statutory framework, theoretical underpinnings, exceptions, and application across diverse legal forums. It also delineates the analogical application of the doctrine in criminal jurisprudence and public interest litigation, concluding with a comparison to issue estoppel. I. Introduction The maxim res judicata pro veritate accipitur—a matter adjudged is accepted as true—lies at the heart of procedural law, ensuring that litigation, once concluded, is not reopened at the whims...

Kompetenz-Kompetenz in India: The Autonomy of Arbitral Tribunals Under Section 16 of the Arbitration Act   A. Introduction  The principle of Kompetenz-Kompetenz (German for "competence-competence") is a cornerstone of modern arbitration law, empowering arbitral tribunals to independently determine their own jurisdiction. In India, this principle is enshrined in Section 16 of the Arbitration and Conciliation Act, 1996 (the "Act"), which grants tribunals the authority to rule on challenges to their jurisdiction, including objections to the existence or validity of the arbitration agreement. This doctrine minimizes judicial interference, ensuring that arbitration remains a swift and self-contained process. Let’s explore the scope of Section 16 and its interpretation through landmark judgments. B. The Legal Framework: Section 16   Section 16(1) explicitly states that an arbitral tribunal may rule on its own jurisdiction, including objections to:   1. The e...