Articles
The Message And Implications Of The 2024 General Election
The nation has just completed the biggest dance and festival of democracy. The people of India have exercised their supreme right, their vote to choose a government. This is the largest experiment undertaken in human history in the art of democratic living and governance. Never before and nowhere else has more than one sixth of the human race lived as one political entity under conditions of freedom and voted smoothly for the same or a new government. As Harrison Moore puts it in his The...
Original Civil Jurisdiction And Arbitration: Unpacking The Supreme Court's Ruling On Section 29A Of The Arbitration Act
The recent ruling of the Supreme Court in Chief Engineer (NH) PWD (Roads) v. M/s. BSC & C and C JV brings clarity regarding the jurisdiction of courts under Section 29A(4) of the Arbitration and Conciliation Act, 1996 (the “Act”). The Supreme Court upheld the Meghalaya High Court's decision, affirming that the authority to extend the mandate of an arbitral tribunal beyond the prescribed 18 months lies exclusively with the 'Court' defined in Section 2(1)(e) of the Act. This 'Court' is...
Information Utilities Under IBC: Navigating Judicial And Regulatory Complexities
The success of insolvency proceedings critically hinges on the availability of complete, correct, and up-to-date information about the debtor. Such comprehensive information is rarely available to all stakeholders in equal measure. This disparity can hinder the resolution process and compromise the objective of value maximization, while the asymmetry of information can lead to uneven value distribution among stakeholders. To tackle these challenges, the Insolvency and Bankruptcy Code,...
Allahabad HC Preventing Live Reporting Of Its Hearing Raises Concerns Regarding Freedom Of Press To Cover Court Proceedings
While hearing a PIL Plea challenging Congress leader Rahul Gandhi's election as an MP from the Rae Bareli constituency, the Allahabad High Court yesterday asked a LiveLaw reporter to stop reporting on the court proceedings and immediately leave the Courtroom premises. Sparsh Upadhyay, an associate editor with LiveLaw, and the only journalist present in the courtroom posting live updates on Live Law's official Twitter handle from his mobile phone, was asked by a bench of Justice Alok...
CCTV Cameras And Making Of Surveillance Societies
The recent explosion of CCTV usage in society has made it a quintessential aspect of the material culture of technology in such a way that it is nearly impossible to not come under its watch in the public sphere. It is estimated that there are about one billion surveillance cameras in operation worldwide. Delhi, the national capital of India, has been reported to have around 1826 CCTV cameras per square mile, making it first in the list of cities with the highest number of CCTVs in the...
How To Fulfill Requirements Of Admissibility Of Electronic Evidence Under Bhartiya Sakshay Adhiniyam, 2023?
The advent of technology has ushered in a transformative era in the legal landscape, significantly altering the nature of evidence presented in court cases. In recent years, there has been a remarkable shift towards an increasing reliance on electronic evidence. The ubiquity of digital devices and the widespread use of online platforms have generated a wealth of electronic data that now plays a pivotal role in legal proceedings. From emails and text messages to social media posts and...
Towards Robust Competition Law In India: Addressing Hub And Spoke Cartels
The significant growth of Indian markets and a paradigm shift in business operations prompted the Government of India to establish the Competition Law Review Committee (CLRC) in 2018. The CLRC was tasked with examining and suggesting modifications to the Competition Act of 2002. In 2019, the CLRC submitted its recommendations to the Government. Following a review of these recommendations and public consultations, amendments to the law were proposed. The goal of these amendments is to...
Critically Examining The Draft Guidelines For Prevention And Regulation Of Greenwashing, 2024
India's consumer rights sentinel, i.e., The Central Consumer Protection Authority (CCPA), has released the draft Guidelines for the Prevention and Regulation of Greenwashing, 2024. It is to be issued under sub-clause (1) of sub-section (2) of Section 18 of the Consumer Protection Act, 2019. Greenwashing, has been permeating the market at a global level. Thus, the Guidelines seeks to combat the false environmental claims made by the businesses about their products. The Principal...
India Back To Coalition Era: How The Government Will Respond To Challenges Of Fiscal Federalism?
Recently, India held its 18th Lok Sabha election, which concluded without any single political party securing the majority (272) required to form the government in the Centre. The Bhartiya Janta Party (BJP), under the leadership of Prime Minister Narendra Modi, became the single-largest party by securing 240 seats. The BJP managed to form the government with its coalition partners, Referred to as the National Democratic Alliance (NDA). This marks a pivotal moment in Indian politics – the...
Misinformation And Deepfakes In The Age Of AI
The increasing innovations in technology has led to the development of new facets of generative AIs and deepfakes. With the major developed countries bringing legislation to regulate their misuse, the authors analyse the Indian landscape and suggest measures for the same. In the recently concluded Lok Sabha elections, one might have encountered videos over the internet of deceased politicians campaigning for the electoral candidates of different political parties. In a similar...
A Primer On Avoidance Transactions Under Insolvency And Bankruptcy Code
Corporate insolvency and bankruptcy are critical issues that impact the financial stability and operational viability of businesses. In India, the Insolvency and Bankruptcy Code, 2016 (“Code”) serves as a comprehensive framework to address insolvency and ensure timely resolution. During insolvency or liquidation proceedings, the primary goal is to maximize the recovery of assets of the Corporate Debtor and distribute them fairly among stakeholders, ensuring that creditors are paid in...