Presidential References In India: A Rich Past, A Fraught Present

Are Presidential References the Constitution's Compass or the Government's Shortcut?Imagine: A law is passed by both Houses of a State Legislature. The elected representatives have done their job. But then the Governor refuses to act on the bill, neither giving assent nor rejecting it, leaving it pending for months, maybe even years. This delays the entire legislative process and causes frustration. Public anger grows, and the media begins to raise questions. Then, instead of directly addressing...

From Conflict To Compensation: India's Strategic Path To Ensuring Pakistan's Accountability Through An International Claims Commission

Receiving adequate compensation for victims of cross-border terrorism in India should be on the agenda.India's push to add Pakistan back on the FATF 'grey list' is aimed at ensuring economic repercussions. A case for establishing an international compensation mechanism, based on the 'due diligence' obligation under international law, further enhances that strategy. Holding Pakistan accountable for cross-border terrorism appears to be challenging through international adjudication.After the...

'Well-Known' To Consumers, Not So 'Well-Known' To Law

Hon'ble Bombay High Court's recent decision in TikTok Ltd. v. Registrar of Trade Marks raises a very fundamental question — can a registered trademark be denied 'well-known' status solely citing the policy decision of government to ban the service/website associated with such trademark?TikTok, through its constituted attorney, filed an application seeking inclusion of its registered trademark in the list of well-known trademarks under Rule 124 of the Trade Marks Rules, 2017. This application was...

Changing Judicial Climate Around Section 498A IPC And Sections 3 & 4 Of Dowry Prohibition Act

Section 498A of the Indian Penal Code[1] and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (DPA), were enacted were introduced to combat systemic exploitation and violence against women in marital homes.[2] Alarming figures - surge from approximately 400 dowry deaths annually in the early 1980s to nearly 5,800 annually by the mid-1990s - prompted these stringent measures.[3] However, recent years have seen mounting judicial and societal scrutiny due to alleged misuse of these provisions....

Should A Woman Be Granted Bail Solely Based On Her Gender?

The basis of Criminal jurisprudence assumes that every accused is innocent until proven guilty. It is indisputable fact that criminal trail goes for long and to balance the personal liberty of accused and interest of society bail is granted.Grant of bail in respect of non-bailable offenses lies within the discretion of the court. One of the key provisions guiding this discretion is Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) or the erstwhile Section 437 of the Code of...

Do We Need a Right Against Automated Justice? Making the Case for Human Oversight in the Age of Legal AI

The pace at which artificial intelligence is entering our legal systems is both astonishing and transformative. What was once considered speculative; AI performing legal research, generating draft orders, predicting outcomes based on prior case data is now becoming routine in pilot projects, research prototypes, and even commercial tools. From automated document review and triage mechanisms to more advanced systems capable of assisting with sentencing recommendations or calculating compensation...

Erasing Digital Past: Courts Are Listening

In an era where personal information is archived, indexed, and retrievable with the tap of a finger, the concept of being allowed to move on from one's past is increasingly being tested in legal systems around the world. Yet, in India, even today, many remain unaware that the right to seek removal or delisting of such personal data, through what is legally recognised as the “right to be forgotten” is available within our constitutional and judicial discourse. As digital footprints grow harder to...

Stranded Innovation: Legal Grey Zones Holding Back India's Bike Taxi Revolution

The recent judgment by the Karnataka High Court on June 13, 2025, that unless the state frames a policy under Section 93 of the Motor Vehicles Act, all bike taxi operations must cease from June 16, 2025, has led to a complete halt in bike taxi services across the state, triggering widespread debate over the legal status and future of bike taxis in India. Despite offering comfort, convenience, and affordability to thousands of users, bike taxis have been abruptly suspended, raising questions...

Superlative Injunction:Most Secretive Form Of Legal Protection

Injunctions are a familiar tool in the legal world. They're court orders used to prevent someone from doing something or, in some cases, to compel them to act. But what happens when even the existence of such an order needs to be kept secret? That's where superlative injunctions come into play a rarely used, high-level form of judicial protection that operates entirely in the shadows. Recently Delhi High Court issued first of its kind superlative injunction in favor of streaming channel giant...

When Does An Arbitration Clause Bind? – Reading Delhi High Court's Belvedere Judgment Against Wider Jurisprudence

The Delhi High Court's recent judgment in Belvedere Resources DMCC v OCL Iron and Steel Ltd. & Others[1] held that an arbitration clause in a contract whose terms were finalised over a series of WhatsApp messages, followed by an email with a soft copy of the agreement attached, satisfied the requirements of a valid arbitration agreement provided in Section 7 of the Arbitration and Conciliation Act, 1996 (“the Arbitration Act”). Although the Court dismissed the Petition for want of...

Framed, Not Freed: Bureaucratization Of Trans Identity In India

The judgment in NALSA v. Union of India (2014) was historic, not just for its re-imagining of transgender as a “third gender,” but also for rooting this re-imagination in constitutional morality. Based on provisions in Articles 14, 15, 19(1)(a) , and 21 of the Indian constitution , the Court reaffirmed entitlements to dignity, autonomy, and self-description— highlighting that gender identity is core to liberty.  But declaratory power is only one side. A decade after, NALSA is more talked about...

Are We Still Chasing Ghosts? Anti-Dacoity Law And Outdated Justice In Chambal

The Chambal valley, consist of north Madhya Pradesh and the adjacent districts of Uttar Pradesh and Rajasthan, has long been infamous for dacoity, though this region always been a stronghold for powerful and organized gangs of dreaded dacoits. The land of ravines combined with worsening economic conditions created a favourable environment for the rise and operation of dacoits. The rise of dacoits, which often referred to locally as “baaghis” or rebels, originates because of poverty, feudal...