Law

OPINION | Are all land-losers entitled to the same treatment?

Two High Courts have reached opposite conclusions on the issue of taxing compensation received by people whose land is acquired under different statutes. It’s now the legislature’s duty to clarify the position and mitigate the feeling of being hard done-by

OPINION | Can you claim ownership of your AI-generated creatives?

AI is not only disrupting the creative world, but also emerging as a creative contender itself. Because of the scale of innovation, there is a need for clarity of the law in protecting AI-generated outputs guided by humans

OPINION | Trillions are stuck in disputes at commercial tribunals but reform agenda ignores it

Litigation amounting to nearly 7.5% of GDP is stuck at the level of tribunals, locking in capital. It’s not the stuff of headlines but it’s a big contributor to regulatory cholesterol. Reform attempts should not ignore blockages in the plumbing

OPINION | India’s Secular Dilemma: Balancing faith and the State

In India, religion is not limited to personal belief; it is deeply woven into the social fabric and continuously shapes citizen–state interactions. In such a context, maintaining a strict and absolute separation between state and religion becomes exceedingly difficult 

OPINION | Rethinking the POSH Act: Ensuring protection for women in all professional spaces

The Supreme Court upheld that political parties aren't workplaces under the POSH Act, excluding women in politics from legal protections against harassment, highlighting urgent need to expand the law's scope

OPINION | Refusing mediation should come at a cost

Mediation in India today is too often a box to be ticked, a hollow formality. Without a credible cost for walking away, mediation will remain symbolic. With such consequences, however, it could become the pressure valve India’s clogged courts desperately need

India’s an antique land, but its antiquities law needs to be modern

The prevailing law treats every collector with suspicion. The outcomes are lost opportunities to project soft power and limited revenue for the government. The law needs to change and treat collectors as partners in preserving India’s rich heritage

OPINION | The real Kerala story

The state is now outperforming the US in some critical social and economic indicators despite having a fraction of the latter’s per capita income. Kerala is an outlier in the truest sense. A look at what went into making this development model

[In]Complete Justice: Reflecting on the Supreme Court at 75 -- triumphs and trials

The book ‘[In]Complete Justice: The Supreme Court at 75, Critical Reflections’ critically examines the Supreme Court's evolution, highlighting its successes, failures, judicial activism, and key reforms. It explores the Court’s role in shaping India’s democracy, law, and social justice

OPINION | Reforming the collegium system will preserve judicial independence, not undermine it

For the judiciary to remain independent, it must first acknowledge its own flaws and correct them. Ignoring the cracks in the Collegium only invites external intervention, which would compromise its autonomy

Presidential Reference once again brings Parliament–Judiciary supremacy tussle to the fore

An ongoing hearing in the Supreme Court on a Presidential Reference has brought to the fore the perennial tussle between legislature and judiciary on the issue of which body is supreme. The widely accepted idea is that it’s the Constitution that is supreme and higher judiciary interprets it. A deeper look at the long and yet unresolved issue follows

Justice in Despair: How India’s judiciary mishandles sexual harassment allegations within its ranks

Supreme Court addressed and remedied the legal vacuum in sexual harassment through an innovative approach.  It then took the Parliament more than a decade to address the issue through legislation. The judiciary’s pioneering effort, however, has been undone by the tardy and unsympathetic approach to complaints from within the institution

Supreme Court’s recall of Bhushan Power and Steel judgement is a step in the right direction

The judiciary carries out the role of interpreting the law and it should harmonize its interpretation wherever possible with our social and economic development. While addressing procedural anomalies is important, it is crucial to remain mindful of the larger economic import and the primary goal of providing a second chance to failing but viable businesses

Man with Machine: AI and the future of law in India

AI is transforming India's legal profession by improving document review, legal research, drafting, and case law analysis. However, ethical concerns like data sourcing, liability, and regulatory frameworks need careful consideration

Presidential Reference under Article 143: A quiet force in constitutional evolution

Article 143 has not only served as a means of constitutional clarification but has also helped shape the trajectory of India’s constitutional development in a way that continues to safeguard the foundational principles of justice and separation of powers 

Cash-at-home row: 5 grounds on which Justice Varma has challenged indictment by in-house panel

Justice Varma has moved the Supreme Court against the report by the three-judge panel that indicted him over the discovery of unaccounted cash at his residence.

Delhi HC issues notice to Chanakya IAS Academy director in contempt petition

The case pertains to failure in payment of remuneration to the petitioner despite taking undertakings to the court because of which a contempt petition was filed in the high court.

‘Knew what she was getting into’: SC warns woman of punishment for having an affair outside marriage

The married woman later got divorced after she had a sexual relationship with another man during her marriage. She alleged rape on false promise of marriage on him, seeking cancellation of his anticipatory bail.

‘Forced to marry against will, adopted wrong action’: SC allows convicted woman seek Governor’s pardon for killing fiance

The court said that her crime cannot be condoned but also observed that 22 years have lapsed since the incident occurred in 2003 and the woman was not allowed to make a decision for herself.

‘Customs cannot remain stuck in time’: Supreme Court upholds tribal woman right to ancestral property

The top court said denying the mother her share in her father’s property, when the custom was silent, would violate her right to equality vis-à-vis her brothers or those of her legal heirs vis-à-vis their cousin.

Land-for-jobs scam: Former Bihar CM Lalu Yadav moves SC to stay trial court proceedings

Yadav argued he was being made to suffer through an "illegal, motivated investigation" in violation of his fundamental right to a fair investigation.

Rohini bar association restricts general public from wearing white shirt, black pants, except for lawyers

The move comes in the wake of complaints of touts falsely representing themselves as advocates or clerks of advocates and defrauding litigants.

Supreme Court stays Karnataka HC order making Union minister HD Kumaraswamy party in contempt case

The court stayed an order making Union Minister and JDS leader H D Kumaraswamy a party to the ongoing contempt proceedings over the alleged large-scale land encroachment in a Karnataka village.

Supreme Court hands over 12-yr-old to his mother after he develops anxiety, distress

The court noted that four reports of the child's psychological assessment have indicated him to be undergoing significant anxiety, difficulty in coping with emotions and separation anxiety due to the looming threat of custody change.