Constitutional Pathology Of Delayed Adjudication: Reservation Without Preservation

Cessante ratione legis, cessat ipsa lex- when the reason for a law ceases, so does the law. Few maxims have travelled as quietly through the centuries, and fewer have aged with such inconvenient accuracy. It is among the boldest claims the common law has inherited, and for that reason among the most decorated and the least invoked. Treatises preserve it, judgments invoke it with deliberation, and its actual application has remained rare by design. To apply it is to assert that a law, though...

Cross Border Insolvency In India: What Rules Must Say

A view from the corridorIn May 2023, Go First – an Indian low-cost airline – filed for voluntary insolvency under section 10 of the Insolvency and Bankruptcy Code, 2016 (IBC). The Adjudicating Authority (NCLT) admitted the application and imposed a moratorium under section 14.[1]That much was routine. What followed was not.The aircraft lessors – companies such as Pembroke Aircraft Leasing, SMBC Aviation Capital and Accipiter Investments – had already terminated their lease agreements. They...

Banking On Takeovers: RBI's New Acquisition Finance Regime In India

The Reserve Bank of India has issued the Amendment Directions under the Reserve Bank of India (Commercial Banks Credit Facilities) Directions, 2026 (Revised) dated 30 March 2026. The Directions will take effect on 1 July 2026. They have introduced a structured framework for commercial bank financing of corporate acquisitions, a type of commercial lending that had only been given a few carve-outs in the regulatory framework. The Directions also restated the regime relating to loans against...

Coded Collusion: Algorithmic Pricing In Indian Aviation And Structural Failure Of Competition Law

The Pricing Paradox: When Algorithms Converge Without ConspiringAviation market in India presents one of the sharpest paradoxes in the modern competition law under which the prices of competing airlines tend to move in the perfect symmetry, yet no agreement, communication, and conspiracy can be demonstrated. In India four major domestic airlines control more than 90% of the seats like IndiGo, Air India, Spice Jet, and Akasa Air. The pricing engines of these airlines empowered by reinforcement...

Mihir Rajesh Shah : Did Supreme Court Create Two Classes Of Arrestees?

On 06.11.2025, the Supreme Court of India delivered a landmark judgment in Mihir Rajesh Shah Vs State of Maharashtra[1] to ensure that constitutional and statutory mandates cannot be sidestepped while curtailing the liberty of an individual, accused of committing an offence under any penal statutes. However, the application of the judgment was made prospective and this seems to be the hole in the boat. This article shall discuss as to how the 'henceforth' application of the judgment has raised a...

Rule Of Law As Economic Infrastructure: Why The Bar Remains Its Most Immediate Guardian

The quality of a nation's legal and regulatory framework is a decisive determinant of business confidence, investment decisions, and long-term economic growth. Debates on economic reform often caricature regulation as a drag on enterprise. A more accurate proposition is that sustainable growth depends not on less regulation, but on intelligent regulation, rules that are clear, predictable, proportionate, and subject to meaningful legal scrutiny. At the foundation of such a framework...

Leaked Chats, Media Trials And Growing Privacy Debate In India

Digital communications are increasingly shaping public discourse in India. In recent years, private WhatsApp chats, email exchanges, social media posts and screenshots have entered mainstream public discourse in India. Where previously these were private communications limited to individuals, today they appear in an increasing number of investigations, crime reports, political controversies, celebrity disputes, and matrimonial litigation. In many cases, leaked chats form the basis of public...

The Devil Claims Jhumkas, And India Cannot Defend It! Why Traditional Cultural Expressions Need Serious Legal Attention

The Devil no longer wears Prada, the Devil now wears Jhumkas, Bandhini printed skirts, styled with kohlapuri chappals and rebrands it as its own invention, something 'never seen before'.The Devil in question, that the author here refers to, is not Miranda Priestly, but something way more dangerous - the Global multimillion-dollar, high-end luxury brands, who have lately been attracting much online backlash for stealing India's lived identity and culture in the name of fashion. Be it Ralph...

Advocates Act And Politicians Returning To The Bar

On May 14, 2026, Mamata Banerjee walked into the Calcutta High Court wearing an advocate's gown and white bands, and argued a PIL concerning post-poll violence in West Bengal. By the end of the day, the Bar Council of India had written to the West Bengal Bar Council demanding records on her enrolment status, her practice history during her fifteen-year tenure as Chief Minister, and whether she had ever formally suspended and then revived her licence to practise. The BCI was careful to...

No Room For Bystanders In A Constitution That Outlawed Untouchability

When the Supreme Court recently held that alleged caste-based abuse inside a private residence would not attract Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989[1] in the absence of “public view”, the ruling appeared legally straightforward. The Court was interpreting a statutory requirement. It was applying precedent. It was insisting that criminal law cannot proceed where the basic ingredients of an offence are absent.And yet,...

The Structural Hole In India's Data Protection Law

In the year 2023, when India's Digital Personal Data Protection Act was passed, it was welcomed as a long overdue development in India's data protection framework. After nearly a decade of failed legislative efforts, a comprehensive data protection statute had finally materialized. The act begins with a language suggesting consent centric model of data governance: personal data may only be processed with the free, specific, informed, unconditional, and unambiguous consent of the data principal....

Preliminary Assessment Or Problematic Estimation: Section 15 of Juvenile Justice (Care and Protection Of Children) Act, 2015

Seventy nine percent of juveniles in conflict with law apprehended in the year 2023 were in the age group of 16 years to 18 years[1]. This age bracket among the juveniles in conflict with law gains relevance not only due to overarching societal impact of the increased interaction of children with criminal justice system, but also due to the legal dichotomy laid down in The Juvenile Justice (Care and Protection of Children) Act, 2015, wherein juveniles belonging to the age group of 16-18 years...