Critical Minerals And India-NSW Corridor: A Legal Roadmap

An analysis of the statutory, investment and arbitration frameworks governing the bilateral opportunity in the Indo-NSW CorridorThe global energy transition has produced a new class of strategic asset. Lithium, cobalt, rare earth elements and a handful of other minerals are now as consequential to national industrial policy as oil was to an earlier generation. Electric vehicles, renewable energy infrastructure and advanced defence technologies are all critically dependent on secure and reliable...

Section 23(4) Of Arbitration Act; An Arbitrator's Quagmire

Section 23(4) of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) is a peculiar sub-section. It was inserted like a Lego block within Section 23 of the Arbitration Act in 2019. The marginal note of Section 23 reads, “Statements of claim and defence”. The marginal note employs the plural noun “Statements” unlike sub-section 4 which uses the singular noun “The statement”. Section 23(4) states that “the statement” (singular) of claim “and” defence “shall be completed within a period...

Recasting Representation Or Undermining Federalism? A Critical Look At Constitution (131st Amendment) Bill, 2026

India stands at a constitutional crossroads with the introduction of the Constitution (131st Amendment) Bill, 2026, a proposal that seeks not merely to expand the Lok Sabha to 850 seats but to recalibrate the very grammar of political representation in India. While the stated objective is to align representation more closely with demographic realities, the amendment raises a foundational question - can numerical equality alone define democratic legitimacy in a Constitution that is equally...

Democracy, Demography And Federalism: Constitutional Moment After 2026

In 2026, India will face a constitutional issue that could remodel the Union balance: Who represents India at Parliament and on what grounds? The allocation of seats in the Lok Sabha has been based on the demographic realities that have been frozen in time for more than half a century. The inter-state seat allocation was also made dependent on the 1971 Census under the 42nd, 84th and 87th Constitutional Amendments, which was extended till the first Census after 2026. What was initially an...

Will India Finally Build Breastfeeding Rooms After Supreme Court Order?

Public spaces in India are often described as “for everyone.” It sounds inclusive. It reads well in policy documents. But step into a railway station, a crowded bus stand, or a government office, and a simple question arises, does “everyone” truly include a mother with an infant?For most women, the answer is still no. A basic, non-negotiable need - safe, clean, and private space for breastfeeding remains largely invisible in the design of public infrastructure. What should be routine is treated...

Notice Of Peril: Why Special Marriage Act's 30-Day Notice Must Fall

Put yourself in a hypothetical situation where you have decided to marry someone whom you love but who is from a different religion than you are. In order to legalize your marriage, you approach the marriage officer's office, complete all the paperwork, and then wait. Meanwhile, your name, address, and intention to marry your love are posted on a public noticeboard, available for the general public to see, object to, or act upon the same. The people in your community who are against this...

Bail For Children In Conflict With Law

In recent years, many OTT web series and films have portrayed juvenile crime, highlighting the complexities of the debate surrounding it. These films and web series reflect public perceptions of law and crime, as well as how the legal system views these issues. One significant area of debate is bail for children in conflict with the law. With the growing number of heinous offences committed by minors, the public often feels that the severity of the crime should determine bail, and that the law...

Constitutional Peril Of 'Non-Speaking' Order

The summary rejection of the CEC removal notice by the Speaker and the Chairman—absent a reasoned explanation—marks a significant departure from the principles of natural justice. As "speaking orders" are foundational to the rule of law, presiding officers, when acting in an adjudicatory capacity, are bound by judicial precedents like Kihoto Hollohan to ensure transparency over institutional silence.The recent rejection of a removal notice against Chief Election Commissioner (CEC) Gyanesh Kumar...

Judicial Pendency: Accountability—Or Misattribution? [Part II]

Part-2: Narrative, Capacity, and the Bypass of LawDissection of the Narrative of PendencyThe question then arises: why does the narrative of judicial pendency persist, so readily linked with inefficiency and even corruption? The answer lies not in data, but in its absence.There is no meaningful statistical framework that captures how a case actually moves through its lifespan—how much time is spent in investigation, in securing service, in awaiting witnesses, in execution, and where...

Judicial Pendency: Accountability—Or Misattribution? [Part I]

The recent NCERT textbook reference linking judicial pendency with corruption—met with sharp disapproval from the Supreme Court—was followed by an equally sharp public response: when over 55 million cases remain pending, the judiciary cannot claim to be beyond criticism. This exchange has reopened a familiar but inadequately examined debate. Pendency is repeatedly invoked as evidence of judicial failure. Yet before accepting that conclusion, a more fundamental question must be asked—what do...

Cheating And Criminal Breach Of Trust: Can Both Be Invoked Together?

A recent order of the Allahabad High Court in Vikash Kumar v. State of U.P. prompted a closer look at a question that often arises before the higher courts. While dealing with a bail application, the Court observed that merely because cheating and criminal breach of trust are invoked together, the proceedings do not become illegal, particularly at a stage where the exact nature of the offence is still being examined.[1] This observation reflects what is frequently seen on the ground, where both...

Death Of "Paper Shield": Re-Evaluating CA Certificates In Indian Construction Arbitration

For decades, the Indian construction arbitration landscape has been dominated by a convenient fiction: the "Certificate Culture." Claimants, faced with the daunting task of proving voluminous damages for idling, overheads, or loss of profit, have historically relied on a single sheet of paper, a Chartered Accountant (CA) certificate, as a proxy for thousands of pages of primary...