One Nation One Election

'One Nation, One Election' is much talked about these days and there are efforts to seek to translate the idea into a reality. The idea, and even more the slogan, sounds quite attractive and appealing. It is allright as an ideal and an aspiration to be looked forward to. But it may not stand closer scrutiny both practically and constitutionally.The Constitution of India has adopted a parliamentary system of government. One of the essential tenets of the system is the accountability of the...

Preliminary Enquiry Under Section 173(3) Of The BNSS -- The Supreme Court Solves The Riddle

Section 173(3) is a newly introduced provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'the BNSS'). This provision has given statutory recognition to the procedure of conducting preliminary enquiry by a police officer. However, the debate has been going on in the legal circles as to how this provision could be reconciled with the judgment of the Constitution Bench of the Supreme Court in Lalita Kumari,1 and whether the preliminary enquiry envisaged under the new...

To Register Or Not To Register? - MSMEs And Arbitration Act

On multiple occasions, the Supreme Court, followed by various High Courts, has emphasised upon registration being a prerequisite for availing benefits under the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as the 'MSMED Act, 2006') especially dispute resolution before the Facilitation Council. However, recently in NBCC (India) Ltd. -v- State of West Bengal and Ors.[1] (hereinafter referred to as “NBCC India”), the Supreme Court called into question the law...

AI Weds E-commerce

It is expected that AI would eventually replace every mode available in life. Love it or hate it but you cannot ignore AI. E-commerce platforms may use AI software to generate product images, catalogues, logistics, browsing, payments or even to display AI generated models for display of jewellery, apparels etc. and various other imaginable / unimaginable aspects.For a sanguine personality it would be an opportunity to grow and would consider it as a boon, however for another person it might be...

Unmasking Hardship Of Women Undertrials In India

“Women undertrials, especially those from marginalized backgrounds, suffer prolonged detention, not because they are guilty, but because they are poor."-Justice V.R. Krishna IyerThe Model Prisons and Correctional Services Act, 2023[1], defines an under-trial prisoner as a person who has been committed to judicial custody pending investigation or trial and has not yet been convicted. According to the Prison Statistics Report, 2022 released by the National Crime Records Bureau[2], the total number...

The Specific Relief Amendment -Katta Sujatha Reddy - Judgment, Review, And Riddle

In November 2024, the Supreme Court delivered its ruling in a review petition challenging its earlier decision in Katta Sujatha Reddy v. Siddamsetty Infra Projects Pvt. Ltd., (2023) 1 SCC 355 (the “2022 Judgment”).I previously published a two-part analysis of the 2022 Judgment, examining the application of the Specific Relief Amendment Act, 2018 ("Amendment"). In particular, I analysed two key questions: (i) whether the Amendment operates prospectively or retrospectively, and (ii) if...

Reproductive Rights In India: Precarious Intersection Of Mental Health And Abortion Law

The Right to Abortion has long been situated at the confluence of constitutional guarantees, ethical dilemmas, and medical jurisprudence. Time and again, abortion laws have divided societies into pro-choice and pro-life factions. This schism is further exacerbated by the moralistic framing of the issue, which often leads to the stigmatisation of abortion and the imposition of restrictive policies all across the globe. In India, the Medical Termination of Pregnancy Act, 1971[i] (hereinafter, 'MTP...

Trial In Absentia- A Tool For Justice Or Injustice?

For a fair, expeditious and a successful criminal justice administration the presence of both the parties to a criminal trial (that is the prosecution and the accused) is quintessential. And the predicament arises when one of the parties to a criminal trial either flees away or absconds especially in the light of the Article 14 (3) (d) of the International Covenant on Civil and Political Rights (ICCPR) to which India is a party. Article 14 (3) (d) of ICCPR entitles everyone to be tried in his...

Conflict Between Plant Variety Denominations And Trademarks: A Multi-Jurisdiction Comparison

There are various guidelines and regulations surrounding plant variety denominations and trademarks. A comparison of the provisions available in the Union for the Protection of New Varieties of Plants (UPOV) guidelines, Australia, India, the United States and Europe is particularly useful for understanding potential conflicts that may arise between these two protection regimesPlant Variety DenominationPlant variety denomination refers to the unique name that is given to a new plant variety. This...

AI Hallucinations And The Non-Delegable Responsibility Of Lawyers

The Bengaluru Bench of the Income Tax Appellate Tribunal recently made headlines for incorrectly passing an Order relying on imaginary judgements that were factually and legally inapplicable to the case at hand.These judgements – one from the Madras High Court and three from the Supreme Court – two were entirely non-existent, one had a citation which led to an unrelated judgement, and the fourth pertained to a judgement that was completely irrelevant to the legal and factual issues under...

The Indian Influence On Kenya's Mental Health Jurisprudence

On the 9th of January, 2025, a landmark decision in Kenyan National Commission on Human Rights v. Attorney General delivered by the High Court of Nairobi declared section 226 of the Kenyan Penal Code, which criminalised attempted suicide, as unconstitutional. The provision when read along with section 36 of the Kenyan Penal Code, penalised any person who was guilty of attempting suicide with a sentence of imprisonment for a term not exceeding two years or with a fine, or both.Section 226 was...

A Case For Harmonizing Gen AI And The Copyright Regime

Globally, Generative AI (Gen-AI) developers are facing lawsuits from publishers, and India is no exception. Gen-AI developers have been accused of using content generated by publishers & authors to train their AI models and then using it for profits. At the outset, while this sounds like violating copyright protection, there are deeper questions worth considering here.Copyright Is Not AbsoluteOne crucial aspect often overlooked in these discussions is that copyright is not an inherent...