Article 17 Of Indian Constitution: “Untouchability” In Quotation Marks

The Constitution of India has been designed with its own specificity where the founding members choose to write down the social, political and economic transformation. Various constitutions around the globe may have inspired the making of the Indian Constitution, however, the choice of words, style and specificity in drafting has been unique to India. One such instance is the inclusion of a provision relating to untouchability. Article 17 of the Constitution states:“Untouchability” is abolished...

Rules Conflicting With Act: Analysis Of Penalty Clauses In Draft Sustainable Harnessing Of Fisheries In Indian EZZ Rules, 2025

IntroductionCan a delegated legislation create an offence or prescribe a penalty? Also, can it lay down procedures for adjudication of penalties in a manner that conflicts with the scheme of offences, their investigation and trial as provided under the parent law? These are questions that immediately come to mind when one reads the draft of the Sustainable Harnessing of Fisheries in Indian Exclusive Economic Zone of India Rules, 2025 (hereinafter referred to as 'Draft Rules 2025') which was...

Beneath The Smog: Constitutional Mandates And Strategies For Air Pollution Remediation In India

The directive, enshrined in Article 48A of the Indian Constitution, reflects the state's constitutional obligation to uphold environmental integrity and ensure the preservation of natural ecosystems as a matter of national priority. Whereas Article 51-A(g) imposes a fundamental duty on every citizen of India to protect the environment. In spite of this, India has become the fifth most populated nation in the world. Whether it is the overnight destruction of the Kancha Gachibowli forest or the...

Irretrievable Breakdown Of Marriage: Right Of Spouses Or Court's Prerogative?

“A marriage that is dead for all purposes cannot be revived by a judicial verdict.” – Naveen Kohli v. Neelu Kohli (2006) 4 SCC 558, ¶62.This observation from the Supreme Court continues to shape one of the most debated issues in Indian family law: should irretrievable breakdown of marriage (IBM) be recognised as a statutory ground for divorce under the Hindu Marriage Act, 1955, or should it remain a remedy available only through the Court's extraordinary power under Article 142 of the...

The Mole That AI Revealed: Hallucinations And Biometric Privacy Risks

A recent viral post shook Instagram's vintage saree trend. A user generated her photo through Gemini and was startled to see a mole appear on her left arm; a detail true in real life but hidden in the original, full-sleeved picture she had uploaded[1]. The uncanny addition sparked questions: did the AI somehow “know,” or was it simply inventing features? And more importantly, what does this mean for our privacy when we share images with AI tools? At the outset, the real question is:...

Are Judgments Of A High Court Applicable Throughout India?

India is a common law country and hence precedent is one of the sources of law. The doctrine of stare decisis is the most exhausted doctrine in the Indian Courts. But in the federal scheme of things in the Indian Constitution, whether a judgment rendered by a High Court applicable to the whole of India?Under Article 215 of the Constitution, a High Court like Supreme Court is a Court of record and have the powers to punish contempt of itself. Both the High Courts and the Supreme Court of India...

The Calamitous Miseducation Of Sanjeev Sanyal

Sanjeev Sanyal, a member of the Economic Advisory Council to the Prime Minister publicly asserted that the Indian judicial system “is the single biggest hurdle” to achieving the goal of 'Viksit Bharat (Developed India). If he had studied economics with some intensity, he would have found this sentiment in a celebrated book of 1789 titled 'The Theory of Moral Sentiments':“If [justice] is removed, the great, the immense fabric of human society, that fabric which to raise and support seems in this...

Section 9 As An Eviction Shortcut? Why Mumbai's Re-Development Battles Keep Coming To Court

Re-development in Mumbai is both necessary and contentious – thousands of dilapidated buildings need re-building, but the viability of each project depends on residents vacating their homes. Most residents cooperate, but a few resist re-development. When that happens, in some cases, housing societies, with the support of a the majority, nevertheless enter into development agreements with developers. The developers then often rush to the Bombay High Court under Section 9 of the Arbitration and...

Tightrope Of Parody: Intellectual Property And Limits Of Comic Freedom In Baburao Controversy

When comedy meets the copyright claim, the laughter comes with a heavy receipt. The gag has proved expensive for Netflix and Kapil Sharma's team, who were served with a ₹25 crore legal notice over the performance of an iconic character Baburao Ganpatrao Apte[1].On 22nd September 2025, a legal notice was served against Great Indian Kapil Show airing in Netflix prepared to air its final episode with Actor Akshay Kumar. The legal controversy emerged when Firoz A. Nadiadwala, the producer and the...

When There Are Nine

To the oft asked question as to how many women on the Bench of the Supreme Court of the United States would be “enough” – the iconic Ruth Bader Ginsburg – without batting an eyelid – would say “when there are nine”. After all, for most part of the history of the Supreme Court, it was normal for nine men to adorn the Bench. From one amongst the nine women in a class of five hundred at the Harvard Law School – where Dean Griswold asked every first-year woman “Why are you at Harvard Law School,...

No Rest For The Weary: Impaired State Of Disability Rights Enforcement In India

This piece examines the Court on its own motion v. KVS[1] and the operational realities that continue to obstruct people with disabilities in India from fully exercising their rights.A letter from the National Association of the Deaf to the courts in December 2022, highlighting the Kendriya Vidyalaya Sangathan's institutional refusal to incorporate disabled individuals into their recruitment processes, evolved into a significant precedent in the realm of disability law in India. In Court on its...

Remembering Justice M.C. Chagla On His 125th Birth Anniversary

Today is Justice M.C. Chagla's 125th birth anniversary. It is only appropriate that we remember him with respect, affection and gratitude- one about whom it can rightly be said “so great a name no praise can match”.Justice Chagla is considered as one of the greatest judges of India. He was a judge in the Bombay High Court from 1941 to 1947 and Chief Justice from 1947 to 1958.Mahamedali Curreem Chagla was born on 30 September, 1900. He was educated at St. Xavier's School and College, Bombay....