Articles
Decoding Jurisprudence And Applicability Of Section 28 Of Indian Contract Act,1872 – An Analysis
The Indian Contract Act'1872 is a legislative device to regulate Contracts in India. The basic notion of provisions of this Act is to cull out the illegality, arbitrariness, perversity, unlawfulness, and non-enforceability of the provisions of any Contract, and effectuate the remaining portion of the Contract by virtue of this Act and 'Doctrine of Severability'. Section – 28 of this Act is one such provision that disallows the irrational portion of the Contract – which curtails the legal or...
Supreme Courts Advancing Approach Through Pollution Control Boards To Curb Potential Environmental Polluters
The Supreme Court on it's Judgement dated 4th August 2025 in Delhi Pollution Control Committee v. Lodhi Property Co. Ltd etc. (2025 LiveLaw (SC) 766), held that the Pollution Control Boards under Water Act and Air Act have the power to direct the payment of environmental damages. The bench comprised of Justice P.S. Narasimha and Justice Manoj Misra while dealing with the liabilities imposed on the respondents by the Delhi Pollution Control Committee, allowed the appeal on the principle of law,...
Understanding 'Shall' And 'Shall Endeavour' In Directive Principles Under Indian Constitution
Part IV of the Constitution enshrines the Directive Principles of State Policy (DPSP) that represent the aspirations of the founding members of the Constitution. The framers realized that the absence of the socio-economic rights in the Constitution impairs the full realization of the civil and political rights. This led to the incorporation of socio-economic rights in the Constitution (Draft Article 36 to Draft Article 46) and the distinction based on justiciability and non-justiciability was...
Irretrievable Breakdown of Marriage
“Irretrievable breakdown of marriage” as a ground for divorce is not yet statutorily recognized by the Indian Law Maker. I do not know about the position in other countries where the “culture”, “tradition”, “outlook”, “civilization” etc. differ vastly from that of India. The words “Irretrievable breakdown of marriage” are so “elastic”, “nebulous”, “inconclusive” and “ambiguous”, if not “dangerous”, that Judges at different levels may “use” or “misuse” the said expression to “grant” or “refuse”...
Frozen Without Warning: How Account Freezing Has Become India's Silent Financial Punishment
In India's expanding maze of financial regulation, account freezing has quietly morphed from a protective measure into a blunt weapon. A single instruction from an investigating agency can lock a person out of their own money overnight. No prior notice-No timeline for defreezing-No easy remedy. For the target, it's economic asphyxiation disguised as “investigation”.Bank account freezing has become a “new normal” used by investigative authorities in recent years. Despite being permitted by law...
Forced To Resign: A Legal Vacuum Being Exploited By IT Companies
The recent announcement of a planned mass layoff at Tata Consultancy Services (TCS), expected to affect around 12,000 employees globally, has caused widespread concern. It has once again highlighted the volatile nature of IT employment and the job insecurity haunting IT employees. One of the most troubling contributors to such insecurity is the practice of forced resignations, a deeply illegal and unjust method companies use to bypass labour law protections against arbitrary terminations....
Two Monumental Red Fort Trials - Bahadur Shah Zafar To INA
On 15 August 1947, the tricolour was unfurled at the Lahori Gate of the Red Fort, and every year since, this 17th-century monument has served as the venue for Independence Day celebrations. The Red Fort – once a symbol of native sovereignty, is a historically entrenched motif in India's march towards independence. Interestingly, the fort's Diwan-e-Khas and a nondescript second-floor dormitory were also the coloniser's choice of venues to serve as the courtroom for two monumental victors' trials...
Strange Things-Disquieting Times
Today's state of affairs sadly reminds us of George Orwell's anguished remark: “We have sunk to a depth at which restatement of the obvious is the first duty of intelligent men. If liberty means anything at all, it means the right to tell people what they do not want to hear.” All the wings of State seem to have lost their moorings and failed the people. We also recall what Yeats wrote: Things fall apart; the centre cannot hold. Every institution is human and liable to err. There can and will be...
A Court Closer To The People: Why The Kolhapur Circuit Bench Matters
If you have ever walked past the entrance of the Bombay High Court on the HSBC side, amid the rush of the lawyers heading for their hearings, you will observe a small crowd of villagers standing near the entrance, distinctly out of sync with the fast-paced surroundings. These perplexed villagers are not tourists who have arrived to marvel at the charm of the Gothic arches and corbelled walls of the colonial-era edifice housing the principal bench of the Bombay High Court. Instead, they are...
Election Commission: The Credibility Question
Every five years, India rehearses the most ambitious act in a constitutional democracy: transferring power by counting votes. The institution that superintends that act, the Election Commission of India (ECI) does not merely schedule dates and print symbols. Under Article 324, it holds a public trust: to ensure that elections are free, fair, and seen to be so. The law gives the Commission teeth; legitimacy gives it a heartbeat.That legitimacy has taken visible dents. The worry is not about one...
Citizenship Eroded: Systemic Violations Of Constitutional Norms In Assam's Foreigners Tribunal Regime
“Citizenship provides a sense of belongingness and esteem, apart from furthering the self-actualization needs of individuals.” So declared the Indian Supreme Court in 2024, affirming the connection between citizenship and the rights to life, dignity, and liberty. Yet this gateway to legal identity and rights is being steadily eroded in Assam.Foreigners Tribunals have already declared over 167,000 people as “foreigners,” with more than 85,000 cases still pending. The stakes are immense—and more...