When Does Electoral Supervision Become Electoral Lawmaking? Shrinking Space Of Article 327

The Supreme Court's decision upholding the Election Commission's Special Intensive Revision (SIR) has generated predictable debate. Critics have focused on disenfranchisement. Supporters have pointed to electoral integrity and the need for accurate rolls.The controversy is usually presented as a disagreement about the electoral rolls. At its core, however, it is a disagreement about power. The Constitution divides responsibility for elections between Parliament, which legislates, and the...

Defective Appeals, Extinguished Rights: Supreme Court's New Limitation Doctrine Under IBC

In a significant reaffirmation of the Insolvency and Bankruptcy Code's commitment to expedition and finality, a Bench of the Supreme Court comprising Justice Dipankar Datta and Justice Satish Chandra Sharma, speaking through Justice Dipankar Datta, held in CA Ramchandra Dallaram Choudhary v. Adani Infrastructure and Developers Private Limited (2026 INSC 629) that a litigant cannot circumvent the strict limitation regime under Section 62 of the IBC by filing a defective appeal and curing defects...

From Cage To Choice: How Prajwala Dismantled India's Paternalistic Anti–Trafficking Model

The Supreme Court took 297 pages to say something Indian law has avoided for seventy years that a rescued woman is not the state's property. The judgment does not tinker at the edges of the ITPA. It rejects the statute's foundational assumption that rescue necessarily means confinement. For decades, India's response to rescued trafficking survivors was largely centered on institutional rehabilitation through protective homes. The Immoral Traffic (Prevention) Act (ITPA), 1956 encoded this...

The Rise Of Techno-Legal Professionals In India's Digital Economy

India's digital economy is undergoing a radical change in the ways business functions, the government works, and how citizens use technology. From Artificial Intelligence, fintech applications to cybersecurity, technology has come to influence every field. As the change becomes more pronounced, there is also a drastic change taking place in the legal profession due to techno-legal disruptions.In the past, the practice of law in India was primarily concerned with litigation, contract law,...

Prajwala's Consent Is Sovereign Until Someone Doubts It

The Supreme Court correctly placed a sex worker's consent at the centre of rescue and rehabilitation decisions. But having declared that consent unverifiable by any outsider, it tasked outsiders with verifying it. The structure that results does not make her consent sovereign, it makes it the first entry on a form someone else completes.The praise for Prajwala v. Union of India [2026 INSC 609], decided on 29 May 2026, has settled on a single word: consent. A Bench of Justices J.B. Pardiwala and...

Quantity Determination Under NDPS Act: Mixture Theory, Procedural Safeguards, And Scientific Challenges

NDPS (Narcotic Drugs and Psychotropic Substances) Act, 1985, is one of the stricter laws of India. It has the strictest punishment where the sentence of an accused is determined on the quantity of the contraband recovered from the accused during investigation, and also has the strictest conditions for bail under sec 37 of the Act. Chapter IV of the Act deals with offenses and penalties. When looking at the section dealing with the sentences for the offense, one would notice that the sentence...

Misdeclaration, Grid Discipline, And Strict Liability

The Supreme Court's ruling in Punjab State Power Corporation Ltd. v. Talwandi Sabo Power Ltd., Civil Appeal Nos. 7432 and 7436 of 2025, decided on 20 May 2026, marks a big deal for India's electricity rules. It's not just about settling a conflict between a power maker and grid bosses; it lays down a key rule for the whole industry. The court says grid trustworthiness hinges on being certain, accurate, and accountable, not on what the entities are meant to do.Electricity regulation depends on a...

Withdrawal Of Riot-Related Prosecutions In Karnataka: Reconciling Prosecutorial Discretion With Constitutional Accountability

Can an elected government seek withdrawal of criminal prosecutions arising out of riots, political agitations, communal disturbances, and protest movements in the larger interests of public welfare and social harmony? More importantly, where such prosecutions involve allegations relating to unlawful assembly, violence, attacks upon public institutions, or destruction of property, what safeguards does Indian law prescribe before criminal proceedings may legally be terminated? These questions have...

Intermediary Liability And Data Responsibility: Balancing Innovation With Accountability In Digital India

The role of social media platforms has changed from being passive conduits of information to being active arbiters of public discourse, content moderation, and the processing of personal data. Platforms like Facebook, Instagram, YouTube, X (formerly Twitter), and TikTok facilitate Global communication, commerce, and political organising. The changes in these platforms will require a re-evaluation of the laws originally designed for traditional internet service providers.A fundamental question is...

Amazon's Pyrrhic Approval: Rewriting Merger Disclosure Rules

On May 27,2026, the Supreme Court delivered a judgment that will reshape how practitioners approach combination filings in India. In Amazon.com NV Investment Holdings LLC v. Competition Commission of India, the court set aside the CCI's 2021 order that had penalized Amazon, kept its 2019 approval in abeyance, and directed a fresh Form II notice for investment in Future Coupons Private Limited. Across six issues, the Court ruled entirely for Amazon. The judgment deserves a careful reading not as...

Future Of Tort Law In India: Opportunities And Challenges

In 2022, a schoolteacher in Lucknow had a routine appendix operation at a private hospital. A drain was left unchecked, due to doctor's clear act of negligence and because of this she got a second infection and had to stay in the hospital for three more weeks. Her extra expenses came to around ₹38,000. She went to a lawyer. The lawyer asked for ₹15,000 just as a retainer fee and said the case would take five to seven years. She went home, paid her bills, and stayed silent. Her ...

Copyright V. Copyleft: Future Of Creativity, Freedom, And Ownership

In today's digital world, creativity no longer exists in isolation. Innovation doesn't remain an individual thing anymore, it is now sharing across networks, platforms and nations. Innovation is like lightning, and collaboration is a core part of innovation. An American designer can build on the work of a Japanese coder, and a student in the other half of the world can access, interpret and edit the same idea in a matter of minutes. In this world, regulation of creativity is more complex.This is...