Categories
Constitutional Law

Citizenship Rights and the ‘CAA’ Controversy: A Jurisprudential Analysis

Rhea L Vinay Introduction ‘Citizenship,’ in India, has been awarded through Part II of the Indian Constitution and the Citizenship Act of 1955. While not ingrained as fundamental right under Part III of the Constitution, it has been recognized as a legal right/ claim conferred upon individuals that are deemed citizens of the country. It […]

Categories
Banking

Navigating the Digital Lending Boom in India: Balancing Innovation and Regulation

Siddh Sanghavi & Sameer Rahman Introduction Digital lending refers to a remote and automated process that allows people to apply for loans and other credit services online through digital platforms and channels. It involves using mobile applications and websites to streamline the lending process. Using these methods, loans are being disbursed in less than 10 […]

Categories
Arbitration

To Consolidate Or Not To Consolidate: Uncertainty Regarding Power of Consolidation Under ICC Rules Article 10

Ahan Gadkari Introduction Article 10 of the 2021 International Chamber of Commerce (“ICC”) Rules grants the ICC Court the discretionary power to consolidate two or more arbitrations. This creates a compelling dilemma: when parties deliberately select the ICC Rules within their arbitration agreement and further stipulate a clause that empowers the arbitration tribunal to consolidate […]

Categories
Labour

Reforming Labour: Unveiling the Impact of India’s New Labour Codes on Indian Social Landscape

Yash Sharan and Abhishek Nande Introduction In July 2024, the Centre began efforts to implement the Labour Codes amidst the protests. The conundrum stems from the testing times of the COVID-19 pandemic when the trade unions of the nation wrote to the International Labour Organisation (“ILO”) regarding the government’s policy of suspension of the then-existing […]

Categories
Labour

The Karnataka Gig Worker’s Protection Bill: Laudable Yet Conspicuously Imperfect

S.V. Ghopesh Introduction The Karnataka state government recently issued a draft of the Karnataka Platform-Based Gig Workers (Social Security and Welfare) Bill, 2024, a rights-based bill that seeks to protect the rights of platform-based gig workers and places obligations on aggregators in relation to social security, occupational health, and safety of workers. It also acts […]

Categories
International Law

Examining the Neglected LGBTQIA+ Community Representation in Genocide Convention

Abeer Sharma Introduction Recently, the Greece Parliament legalized same-sex marriage and became the first Christian Orthodox majority country to do so, depicting the growing acceptance of LGBTQ+ community. But still, there are cases like Chechnya and Uganda where state law enforcement agencies launched anti-gay purge and anti-homosexuality acts, criminalizing homosexuality with life sentences, resulting in […]

Categories
ADR Insolvency

Mediation in Insolvency Resolution: A Boon or Bane?

Sanya Khera Introduction Countries across the globe seek to establish a secure judicial system that can serve impartial and just decisions amidst times of crises amongst individuals. Not just insolvency, but the judicial system that caters to it has evolved over time to efficaciously resolve disputes by adopting modern approaches. The establishment of quasi-judicial forums […]

Categories
Arbitration

Beyond Borders- Enforcing ADR First as a Catalyst for Global Investment Harmony

Harshita Sharma and Tanisha Taneja Introduction The 21st century world can undoubtedly be categorised as a borderless economy. With the advent of liberalisation and globalisation, there is an unrestricted flow of capital in and out of the economy. In this dynamic landscape of international investment, it is readily perceived that disputes are bound to arise […]

Categories
Competition Law

Proposed Self-Regulation of Online Gaming in India- Preserving Competition

Ranak Banerji I. Introduction Online gaming, as defined, involves only those games that are accessible via the Internet and require the player to make a deposit, in cash or kind, with an expectation of winning earnings.[1] This mainly involves online card games such as rummy, poker, fantasy sports, etc. The definition of such online games […]

Categories
Criminal

Criminalisation of Mob Lynching under the Bhartiya Nyaya (Second) Sanhita 2023

Ayush Agrawal and Shriyaditya Shrivastava Mob lynching is a barbarous act of community “justice,” where an individual is lynched to death as a form of punishment for the alleged wrong, without the involvement of the legal machinery. Over the years, India has experienced rising cases of mob lynching. However, the same is not recognized as […]