Ostensibly to decolonise and modernise India’s criminal justice system, the Bharatiya Nyaya Sanhita, 2023 (which attempts to replace the Indian Penal Code) has been criticised for retaining much of...
Law and Society
Law and Society
While same-sex marriage should be rightfully recognised under the Special Marriage Act, a move towards its recognition under the Hindu Marriage Act also calls for the right to ancestral property and...
Platform economy promotes flexibility and assures autonomy to the workers. With a rapid increase in digitally mediated platforms to govern the world of work, we often overlook the legal existence of...
The Madras High Court’s dominant imaginaries of the contested space as a “public road” and the fish vendors as “encroachers” overlook the complexities and alternative imaginaries of the space as...
Rights-based welfare legislation, even if passed by the union government, needs implementation at the state level. State governments are not passive implementation agencies and have sometimes stymied...
Even as debates rage over the threats to the independence of the judiciary, it is necessary to focus on the other institution keeping the judicial system going—the bar—specifically that part of the...
Some of India’s largest cities with a population of a little more or less than one crore, have gone without a municipal government for several years. This is another key failing of the 74th amendment...
The Supreme Court’s judgment, upholding the constitutional validity of the demonetisation of `500 and `1,000 notes, is legally right but comes too late to be of any appreciable legal interest. It...
The Digital Personal Data Protection Bill, 2022 is notably silent on a key agency that it proposed to set up to enforce the law—the Data Protection Board. This silence has implications for the...
The judicially imposed ceiling of 50% on vertical reservations in India has been questioned recently in two ways—the Supreme Court’s upholding of the 103rd Amendment Act, which allowed economically...
While the Constitution makes no distinction between judges appointed from the Bar or from the subordinate judiciary, the data shows that there is an implicit difference that results in fewer members...
The obligation on every person to report any knowledge they have of an offence thought to have been committed in violation of the Prevention of Child Sexual Offences Act raises serious questions...
The pullback of the Personal Data Protection Bill, 2019 has nullified the multi-year efforts put in by various stakeholders that have gone into shaping the bill. The promise of a “comprehensive legal...
With respect to the independence of the judiciary, there is a tendency to conflate the independence of the institution with that of the individual in the institution. An independent judiciary...
The Supreme Court’s judgment in Union of India v Mohit Minerals (P) Ltd (2022), while interpreting the 101st Amendment, has weakened the governance framework of the goods and services tax. The Court’...
