Articles

Does Banker's Books Evidence Bill, 2026 Meet Constitutional Demands Of Privacy And Electronic Evidence?
On August 5, 2026, the Lok Sabha passed the Banker's Books Evidence Bill, 2026, by voice vote, amid opposition sloganeering that left the House without a substantive debate on its provisions. The Bill retires the Banker's Books Evidence Act, 1891, a statute drafted for leather-bound ledgers, and replaces it with a framework built for cloud servers, disaster-recovery sites and distributed core banking systems. That modernisation is overdue and, on its own terms, sound. What did not receive the...

Majoritarian Reapportionment System Must Ultimately Bow to Federalism
On and off the parliamentary tables in Delhi, Delimitation is around the corner, yet again. While the time and guise of introducing it has piqued the interest of many a few, the analysis of it has been lost, somewhere within the caustic mingling of the right, left and the centre. Time is neither lost nor is Delimitation a stranger to Indian Politics, in 1976, under the Constitutional Amendment Act, the Parliament temporarily blocked the periodic inter-state reapportionment under Article 82,...

Independence Day Reflections: Constitutional Values-Quest For Excellence
As we celebrate the 80th Independence Day and enter the ninth decade as a free democratic republic, it is appropriate to reflect and introspect. Asked about his achievement after the French Revolution, Emmanuel Joseph Sieyès, commonly known as Abbé Sieyès, said. 'I survived'. We have survived as a free, unified nation. Never before and nowhere else has more than one-sixth of the human race lived as one nation under conditions of freedom. We can be legitimately proud of this achievement. But we...

Strengthening Fight Against Examination Malpractice: Critical Analysis Of 2026 Amendment Act
The Public Examinations (Prevention of Unfair Means) Act, 2024 was enacted by the parliament of India in the year 2024 and the preamble of the Act says “An Act to prevent unfair means in the public examinations and to provide for matters connected therewith or incidental thereto.” The Act received the royal assent on 12/02/2024 and came into force on 21-6-2024, vide Noti. No. S.O. 2422(E), dt. 21-6-2024. The Public Examinations (Prevention of Unfair Means) Amendment Act, 2026 (which...

Global Backlash Against LGBTQ+ Rights: What India Can Learn
The Republic of Niger has criminalized same-sex relationships for the first time. Previously, Uganda and Burkina Faso enacted anti-LGBTQ laws with severe penalties for same-sex acts and related advocacy. Uganda's legislation includes life imprisonment and the death penalty, while Burkina Faso imposes up to five years' imprisonment. These measures have drawn widespread international condemnation and underscore growing legal discrimination against LGBTQ communities in Africa. Despite threats of...

Liability In Black Box: Piercing Algorithmic Veil
An automated system can determine whether a person receives a loan, progresses in a job application or retains access to welfare. In a 2024 audit of AI recruitment tools, the United Kingdom Information Commissioner's Office found that some tools allowed recruiters to filter candidates by protected characteristics and that others inferred gender and ethnicity from names. The regulator made almost 300 recommendations, including measures to improve transparency and monitor discrimination. When an...

Is Justice Yashwant Varma Still A Judge Of Allahabad High Court?
Does the President's failure to formally notify the acceptance of his resignation mean that he continues to be a judge?

Before Criminalising Disrespect To Vande Mataram, Parliament Must Define The Offence
Union Home Minister Amit Shah has introduced the Prevention of Insults to National Honour (Amendment) Bill, 2026, in the Rajya Sabha. The Bill proposes to insert the words "or the National Song" into Section 3 of the Prevention of Insults to National Honour Act, 1971, making it punishable with imprisonment of up to three years to "intentionally prevent" the singing of the National Anthem or the National Song, or to "cause disturbance" to an assembly engaged in such singing.The amendment...

Environmental Constitutionalism In Crisis: Why Does India Rank 176th Despite Strong Constitutional Framework?
India has just finished 176th out of 177 countries in the Yale Environmental Performance Index (EPI) 2026, ahead only of Laos, with an overall score of 22.46 against table-topper Estonia's 74.79. The country ranked 174th in environmental health, 171st in ecosystem vitality, and a comparatively less dismal 130th in climate change policy. This is not a one-off embarrassment: India also stood at 176th out of 180 countries in the 2024 edition, and its trajectory since 2014, when it ranked 155th, has...

Digital Coercion: Why Use Of Automated Surveillance In Bail Conditions Violates Article 21
Bail under Sections 437 and 439 of the Code of Criminal Procedure, 1973, and the corresponding provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023, exists for one statutory purpose, to secure the presence of an accused person at trial. It was never meant to function as an administrative tool through which the state keeps continuous watch over a citizen who stands unconvicted. Yet bail orders across trial courts increasingly require accused persons to share their real time location, submit...

Shield With Cracks: Rethinking Telangana Advocates Protection Act, 2026
The legal profession occupies a unique position in a constitutional democracy. Advocates, as officers of the court, play an indispensable role in the administration of justice and the preservation of the rule of law. In recent years, however, members of the legal fraternity across the country have increasingly reported instances of intimidation, physical assaults, and other forms of harassment arising from the discharge of their professional duties. In Telangana, the brutal murders of advocates...

Court Auction Sale Certificates And Stamp Duty
The Indian Registration Act, 1908 and the Indian Stamp Act, 1899 are two distinct statutes governing separate aspects of the legal validity of instruments. Though both statutes may operate upon the same instrument, they function independently and serve different legislative purposes.Whenever an instrument that is chargeable with stamp duty is executed, it must be engrossed on stamp paper of sufficient value as prescribed under the Schedule to the Stamp Act. Even where an instrument is not...
