Categories
Criminal

A Polakian Critique of Sharon and R.G. Kar

Editorial* Introduction The sentencing of female offenders is a contentious issue; primarily on account of claims of leniency in consideration of social and cultural biases. In ‘The Criminality of Women’, Otto Polak discusses the same in his chivalry hypothesis, which explains how representatives of the judicial system find it difficult to criminalise women and impose […]

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Competition Law Uncategorized

THE SWISS CHALLENGE METHOD: A DOUBLE-EDGED SWORD IN PUBLIC PROCUREMENT

Swedha Prakash I. Introduction Large-scale infrastructure projects are becoming increasingly significant, driven by government efforts to boost the economy, such as the National Infrastructure Pipeline (“NIP”), which has allocated an ambitious ₹108 trillion for various projects. Public-Private Partnerships (“PPP”s) have played a crucial role in this commitment to building a strong foundation for sustainable growth […]

Categories
Constitutional Law

Uncontested Elections in India: The Legal Challenge & Role of NOTA

Kartikey Agrawal & Siddhi Mishra I. Introduction The Supreme Court has recently issued a notice in a PIL challenging the validity of Section 53(2) of the Representation of Peoples Act, 1951 (“Act”). This section comes into force when the number of contestants equals the number of seats to be filled, meaning only one candidate is […]

Categories
Competition Law

The Cloud Tyrant: Microsoft’s Stranglehold on the Future of Digital Competition

Aditya Kashyap & Arnika Dwivedi Introduction The digital ecosystem is a constantly changing field that frequently presents previously unheard-of competition law difficulties. A noteworthy incident was when Google officially  complained to the European Commission (“EC”) on Microsoft’s anti-competitive conduct within the cloud computing market. This complaint has generated heated discussion, and initiated the dialogue on […]

Categories
Banking

Streamlining Export Governance: A Critical Analysis of the Draft FEMA Regulations and Directions

Aditya Thomas & Jayati Bhatia The very definition of “export” under the Foreign Exchange Management (Export of Goods & Services) Regulations 2015 (“Current Regulations”) has historically excluded services, limiting its scope to goods and software. This restrictive approach has led to conflicting interpretations, particularly when juxtaposed with the broader definition under the Foreign Exchange Management […]

Categories
International Law

Was Shooting the Chinese Air Balloon a ‘military objective’?

Siddharth Chaturvedi Introduction The shooting of a Chinese air balloon over the USA’s airspace has generated a lot of analysis from US experts and Chinese experience. There are indeed lots of plausible reasons which may have led to shooting the Chinese Air Balloon. However, the purpose of this piece is restricted to analyzing whether the […]

Categories
Investment Law

Beneficial Owners, Borders and Bottlenecks: Evaluating India’s FDI Policy under Press Note 3

Ananya Ahajoy & Param Kailash Introduction & Background The 2024 Economic Survey proposes that higher inflows of Foreign Direct Investments (FDI) from China through the ‘China plus one strategy’ could be advantageous to India. The strategy calls for the diversification of supply chains beyond China, thereby improving investment onto other low-cost nations such as India, […]

Categories
Criminal

A Fresh Look at Alimony: Navigating the New Age Inequalities

Meemansha Choudhary Introduction The rapid advancement of technology and societal evolution often leaves the law struggling to keep pace. While this lag is understandable, given the gravity of legal decisions and their implications on society at large. However, it becomes imperative to question the relevance and manner of implementation of certain concepts in the modern […]

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Uncategorized

Redefining Compliance: SEBI’s Proposed Corporate Governance Framework For HVDLEs under LODR

Rishabh Raj Introduction Corporate governance in India has inherently been devised with equity-listed companies in mind. However, changes brought through debt instruments as a primary funding source have highlighted the urgent need for regulatory frameworks catering exclusively to high-value debt- listed entities (HVDLEs). The Securities and Exchange Board of India (SEBI), which has taken notice […]

Categories
Criminal

Conceptualising a Brady Requirement: The Need of the Hour

Shaurya Mahajan The Indian criminal legal framework has recently been overhauled, from the centuries-old Indian Penal Code (IPC) and Criminal Procedure Code (CrPC) to the new Bhartiya Nyaya Sanhita (BNS) and Bhartiya Nagarik Suraksha Sanhita (BNSS). This shift is an effort by the Parliament to decolonise the criminal law framework and make it more citizens’ […]