Articles
Decoding The Debate On Electoral Reforms
The winter session of Parliament has reopened an expansive debate on electoral reforms, with the Opposition repeatedly stressing that reform must strengthen not weaken the institutional foundations of Indian democracy. As members flagged concerns about voter roll revisions, the functioning of the Election Commission, and broader issues of electoral integrity, it became clear that reform cannot be confined to isolated procedural adjustments. Instead, India now stands at a juncture where questions...
Air Emergency – The Only Way Forward
It is winter of 2025 and still, like a B Grade movie, the same scenes are playing out. The AQI levels are alarming, doctors are sounding warning bells, parents are clamouring for schools to be closed or go virtual, our policy makers are continuing their blame game and yet we are nowhere near a solution anytime in the near future? Is it the lot of the present generation kids to grow up with health issues affecting their lungs, their brains and/or their lives? As a nation, we should frankly hang...
When 'Cruelty' Is Saying No But 'Crime' Isn't Forced Sex
The debate over criminalising marital rape in India has once again taken centre stage after Congress MP Shashi Tharoor introduced a private member's bill in the Lok Sabha seeking to recognise non-consensual sex within marriage as a criminal offence. His argument that India must move from the principle of “no means no” to “only yes means yes” reflects a larger constitutional aspiration to uphold bodily autonomy, dignity, and equality for all citizens, irrespective of their marital status. Yet,...
Autopsy Of Truth: How Neutral Doctors Perform Postmortem On A Living Child's Testimony
In the prosecutions under the Protection of Children from Sexual Offences Act, 2012, the testimony of the child victim constitutes the primary evidence, while medical evidence is intended to play a corroborative role. Section 29 of the Act further strengthens this position by introducing a statutory presumption against the accused once foundational facts are proved.Despite this legal framework, trial courts repeatedly witness prosecutions falter, not because of the child's testimony becoming...
Section 36 After 2015 Amendment: Security As Price Of A Stay
It has been a decade since the Arbitration and Conciliation (Amendment) Act, 2015 (2015 Amendment) came into force and fundamentally altered arbitration in India. One of the most important changes the 2015 amendment brought in was the insertion of a new section 36, which removed automatic stays of awards upon the filing of a challenge under Section 34.Post the 2015 amendment, unconditional stays of arbitral awards are rare, especially when the award directs payment to the successful...
How 2025 Reshaped Boundaries Of Resolution Estate Under Insolvency And Bankruptcy Code 2016
November 2025, brought with it major advancements into the debt restructuring ecosystem of India that reshape the contours of India's resolution estate under the Insolvency and Bankruptcy Code, 2016 ('the Code')[1].First is the circular dated 4th November 2025 ('the Circular') issued by the Insolvency and Bankruptcy Board of India ('IBBI') which permits insolvency professionals to seek restoration of assets attached under the provision of Prevention of Money Laundering Act, 2002 ('PMLA')[2],...
Cross-Examination of All Witnesses In One Go
During the course of the trial, a tendency frequently arises where the defence insists on the production of all the prosecution or plaintiff witnesses at the same time. The Bharatiya Nagarik Suraksha Sanhita (BNSS), the Bharatiya Sakshya Adhiniyam (BSA), the Code of Civil Procedure (CPC), and the relevant Rules of Practice outline the general framework governing the order of evidence and the powers of the court, but they do not confer any express entitlement on a party to have all...
Understanding The Interplay Between Order XXI Rule 66(2) And Rule 90 CPC: SC Clarifies Limits Of Post-Sale Challenges
Execution proceedings under the Code of Civil Procedure, 1908 (CPC) often give rise to more litigation than the suit itself. One recurring dispute concern as to when a judgment-debtor may challenge an auction sale and what grounds may be raised. The Supreme Court's recent judgment in G.R. Selvaraj (Dead), through LRs. versus K.J. Prakash Kumar and others, has finally clarified the long-standing confusion between Order XXI Rule 66(2), which deals with settlement of the sale proclamation and...
Capital Conundrum: Threading The Needle Between Governance And History
In the arcane world of Indian parliamentary procedure, it is rare for a mere listing in a legislative bulletin to trigger uproar in a state. Yet, that is precisely what happened recently. The inclusion of the Constitution (131st Amendment) Bill, 2025 in the tentative list for the Winter Session, aimed at bringing the Union Territory of Chandigarh under Article 240, set off a political...
Impeachment Motion And Judicial Independence
The recent move to present a motion before the Speaker of the Lok Sabha seeking the impeachment of Justice G.R. Swaminathan for his judgment in the Tirupparankundram Deepam case marks a disturbing moment in India's constitutional life. What was once an extraordinary remedy reserved for proven misbehaviour or incapacity is being invoked as a rhetorical and political tool to signal disapproval of a judicial outcome. Such a development raises troubling questions about the future of judicial...