2023 SCC Vol. 6 Part 2

Power of Indian Courts to modify an Arbitral Award: This article submits that the courts ought to have power to modify the award and there is a need for a change in law to that effect. [Power of Indian Courts to modify an Arbitral Award: Need for a Change in Law by Ketan D. Parikh, (2023) 6 SCC (J-1)]

Discretionary Sentencing: In this article, author reflects upon the sentencing policy of India in the light of sentencing regime of USA. [American Model of Discretionary Sentencing: Lessons for India by Samarth Krishan Luthra, (2023) 6 SCC (J-14)]

Anomalies arising from Vidarbha Industries, (2022) 8 SCC 352: The present article seeks to analyse the flaws in the Supreme Court’s interpretation of “may”, as used in Section 7(5)(a) of the Code, in Vidarbha Industries Power Ltd. v. Axis Bank Ltd., (2022) 8 SCC 352. Further, an endeavour has been made to discuss the difficulty in the adoption of a “balance sheet test” for the admission of an application under Section 7 of the Code. [Many Anomalies arising from Vidarbha Industries, (2022) 8 SCC 352, by Sriram Venkatavaradan and Saai Sudharsan Sathiyamoorthy, (2023) 6 SCC (J-28)]

Unilateral Appointments and Arbitral Awards: Through this article, an attempt has been made to outline the jurisprudence as it exists today wherein it is argued that, even at the levels of Sections 34 or 36 of the Arbitration and Conciliation Act, 1996, the High Courts are not afraid to sacrifice arbitral awards at the altar of unilateral appointments. [Not the One for You — On Unilateral Appointments and Arbitral Awards by Anirudh Goyal and Jaspreet Singh, (2023) 6 SCC (J-36)]

Constitution of India — Art. 324(2) and Arts. 142, 32, 14 and 19 — Independence and Impartiality of Election Commission: Independence and impartiality of Election Commission, for flourishing of true and substantial democracy, is a part of the basic structure of the Constitution. Directions issued for the constitution of a neutral and independent collegium/selection committee for appointment of Election Commissioners and Chief Election Commissioner, until a law in that regard is made by Parliament. Reasons therefor elucidated in extenso. [Anoop Baranwal v. Union of India (Election Commission Appointments), (2023) 6 SCC 161]

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