Categories
Constitutional Law

Dworkin’s Herculean Theory: Determining The Binding Force of Menstrual Leave Policy

Lauren Prem I. Introduction Menstrual leave policy in short (MLP), a contemporary discussion, has been viewed by many legal practitioners, to take the form of a right. Prominent advocates throughout the country have associated the policy to derive its enactment force from article 14 of the Constitution which encapsulates the essence of treating equals equally […]

Categories
Intellectual Property

The Artistic Threshold: Supreme Court’s Recalibration of Copyright and Design Boundaries

Parth Chhapolia Introduction The intersection of copyright and design protection in India has long been on a murky terrain, particularly in industrial innovation, where artistic duties frequently take a functional format. Section 14 of the Copyright Act, 1957 (“the Act”) defines the ambit and extent of a copyright, whereas Section 15(2) of the Act states […]

Categories
Privacy Law Technology

AGE CHECKS OR PRIVACY WRECKS? DECODING RULE 10 OF DPDP DRAFT RULES, 2025

Kinjal Ahuja and Ashish Rawat “We cannot have a system, or even the appearance of system, where surveillance is secret, or where decisions are made about individuals by a Kafkaesque system of opaque and unreviewable decision-makers” – Reyna and Farley, 2006, p.43 Introduction India’s first dedicated data privacy law, the Digital Personal Data Protection Act, […]

Categories
Technology

Dark Patterns in Exit Architecture: Legal Implications of Manipulative Subscription Cancellation Flows

Meghna Jain Introduction The digital age has transformed our world, not just in terms of human connection but also accessibility. This fast-paced, consumer-driven environment has seen the rise of subscription models, free trials, and auto-pay services, often offered through mobile apps. While these services offer convenience, they also present opportunities for manipulative design practices, commonly […]

Categories
Insolvency Real Estate Law

Under Construction Forever? RERA and IBC in the Battle of Stalled Projects

Abhishek Kumar & Aditya Singh Raghuvanshi Introduction The burgeoning real estate sector in India, one of the most sought-after sectors for investment, has been a double-edged sword for homebuyers, with many enduring endless delays in receiving possession of their dream homes on account of failure by the real estate developers to promptly complete the project […]

Categories
Property Law

Regularisation of Unauthorised Colonies: Dissecting Inequities within the Property Right’s Bundle

Jaisila Bajaj Introduction A universally observable trend is that a city tends to develop without restraint. When exacerbated by rapid urbanisation and a dearth of regulatory mechanisms, the resultant urban sprawl shows little regard for preexisting legalities. Settlements of such unauthorised nature now assert their ‘right to the city’ and account for over 30 per […]

Categories
Evidence Law

Contrary Dates of Birth: Should a Matriculation Certificate Always be the Conclusive Piece of Evidence?

Ritwik Sharma I. Introduction The evidence of the correct date of birth holds paramount importance in service matters pertaining to employment in government institutions, where an individual’s age serves as a decisive factor in determining eligibility for employment or for specific benefits such as compassionate employment, compensation, gratuity, etc. In India, the matriculation certificate is […]

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 […]

Categories
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 […]