A Reformist Critique Of Samuel Kamalesan V. Union Of India: Balancing Secularism And Military Discipline

The Delhi High Court's judgment in Samuel Kamalesan v. Union of India (W.P.(C) 7564/2021), delivered on May 30, 2025, upheld the dismissal of an army officer for refusing to participate in religious rituals, prioritizing military discipline over individual religious freedom. The judgement needs a reformist critique, as the ruling reflects an outdated judicial mindset that privileges religious conformity over secularism and fails to accommodate the growing prevalence of atheism and secular trends...

Justice In English: Indian Courts, Language And Accessibility

It is intriguing that after seventy-five years of independence, a person from rural background would be hesitant to argue before the apex court of this country due to his lack of proficiency in one particular language. It becomes even more bewildering and concerning that this hesitation is not only institutionalized through practice but also legally mandated and prescribed by the constitution of India. The debate around the linguistic policy of Indian courts assumes a certain level of gravity,...

Right Of Decree Holder For Post Decree Interest When Judgment Debtor Deposits Decretal Amount Into Court

Whether a decree holder is entitled to post decree interest when the judgment debtor deposits the entire decretal amount into court, and what is the effect of such deposit if the decree holder is not permitted to withdraw the same ? More often it is seen that the judgment debtor in a money decree deposits the decretal/awarded amount into court for securing a stay on the same before the execution court or before the appellate court. Such deposit may be voluntary or under the order of the court...

Disability, Mental Health, And Gender Identity Laws In India: A Decade Of Transformation

Over the last decade, India has witnessed a significant transformation in its legal landscape concerning disability rights, mental health, and gender identity. This shift marks a broader change in societal attitudes—one moving toward inclusion, dignity, and autonomy. From the antiquated provisions of the Lunacy Act to the more progressive Mental Healthcare Act, 2017, and the evolution from welfare-based disability laws to a rights-based framework under the Rights of Persons with Disabilities...

Yes! My Lord Is Right. Something Is Certainly Wrong

Several High Courts that supported the minimum practice requirement, told the Supreme Court that fresh law graduates, when directly appointed to the Bench, often behave disrespectfully towards the Bar. It was argued that mandatory practice would instill professional humility and improve judicial conduct. Accordingly the Supreme Court directed all State Governments to amend their respective rules to ensure that candidates must have at least three years of legal practice before appearing for the...

David's Slingshot- What Universities In India Can Learn From Harvard-Trump Row

In its David-Goliath battle against the U.S. Department of Homeland Security (DHS) over the revocation of the Student and Exchange Visitor Program (SEVP), Harvard University secured a much-needed reprieve. The U.S. District Judge Allison Burroughs granted a restraining order. She held that the University “will sustain immediate and irreparable injury” if the government were permitted to revoke certification before the court could fully review the case, and in the latest hearing by the court on...

Beyond Smell: Prototype Or Facsimile? A Call For Legal Resort

In the Fragnantic world, the demand for luxury perfume is rising. Esteemed brands such as Chanel, Dior, and Gucci have established a distinguished reputation, not only for their exceptional scents but also for setting a benchmark of elegance, sophistication, and excellence in the expanding market. However, the market has seen a boom in the creation of "dupes" as a result of these products' exorbitant prices. Social media has recently seen an increase in the visibility of ads and websites[1]...

Kafka Meets Code: A Law And Economic Analysis Of AI In Litigation And Justice Delivery

Please hold is a 2020 short film directed by KD Davila which was nominated for the Best short feature at the 94th Academy Awards. The Movie tells a Kafkaesque tale of a normal man accused of a crime he doesn't know about, in a world where AI manages the prison, including free legal aid to the inmates. Essentially a tale of desperation and the downside of an unsupervised, ill trained AI system. The movie echoes a warning bell with the recent developments of AI in the legal sector, particularly...

Transparency Concerns Loom Over High Court Judges Transfers, Collegium Process Under Scrutiny

The process by which judges are transferred between High Courts in India, governed largely by the Supreme Court collegium's recommendations, continues to face questions regarding its transparency and accountability. A recent application filed under the Right to Information (RTI) Act by the authori highlights the public's growing interest in understanding the policies and specific reasons behind these crucial judicial movements.The RTI application, dated April 23, 2025, sought detailed...

Presidential Reference-Much Ado About Nothing

A Presidential Reference under Art 143 is nothing unusual. The Constitution provides for it. There have been fourteen such references so far. What is, however, quite intriguing and disturbing is the context and background of the latest reference on May 13, 2025 and questions on which the Court's opinion is sought. Fourteen questions have been referred. The answers to many of them are obvious and readily available in the Constitution, the Constituent Assembly Debates and the earlier judgments. ...

A Legal Cheshire Cat Named 'Honorable Acquittal'

The concept of 'honorable acquittal' must be incorporated into the substantive and procedural statutes of criminal law to elevate the ideal of a fair trial from a hollow promise to a tangible realityOn 9th May this year, the Supreme Court of India in Renuka Prasad v. The State represented by Assistant Superintendent of Police (2025 LiveLaw (SC) 559) acquitted six individuals accused of murder, expressing deep disappointment over the mishandling of the case by the police and...

Bar Before Bench: Mandating Practice Of 3 Years As Advocate To Enter Lower Judiciary In India-How Far Justified?

As Sir Jerome Frank in the book "Law and the Modern Mind" has stated –“certainty of law is a myth”, the law pertaining to entry into the entry-level judicial services in the country is about to change. All hail the brilliant theory of realism! The Hon'ble Supreme Court in the recent and landmark case of All India Judges Association and Ors. v. Union of India and Ors (2025) has mandated the practice of three years in the courts in order to compete in the Judicial Services Examination held in all...