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Constitutional Law Labour

Casus Omissus and the Limits of Judicial Interpretation: The CAS Dispute in West Bengal

Simran Sidhu Introduction The Calcutta High Court’s ongoing matter of Sandip Kumar Mitra v. The State of West Bengal highlights the tensions between government employees and employees of state-owned corporations. Government employees are governed by central or state service rules, such as the West Bengal Service Rules (WBSR), whereas employees of corporations, like the West […]

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Labour Labour

A CRITICAL STUDY OF LABOUR CLAUSES IN INDIA’S RECENT TRADE AGREEMENTS

Radhika Gupta and Kanha Pandey PART I I. Introduction Free Trade Agreements (FTAs) have been subject to widespread criticism on the ground that they prioritise business interests to such an extent that they often have adverse social consequences, such as job losses in traditional manufacturing sectors due to free imports, heightened poverty in developing countries, […]

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Constitutional Law Uncategorized

The Unconstitutionality of the Waqf Amendment Act, 2025 and the Erosion of Minority Rights

Varun Pandey Introduction The Waqf (Amendment) Act, 2025, was enacted in both Houses of Parliament following a period of vigorous discussion and partisan conflict. It signifies a substantial reform within the Waqf administration in India. Although it implements many initiatives for inclusivity and administrative reform, it simultaneously centralises governmental authority and diminishes the independence of […]

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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 […]

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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 […]

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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 […]

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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 […]

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Arbitration Uncategorized

Arbitrating Accountability: Addressing UN-Related Human Rights Violations through Arbitration

Siddhant Shinde The United Nations (UN) was established in 1945 in response to the Second World War with the objective of ‘prevention and removal of threats to peace’ and to ‘maintain international security’, by preventing war, protecting human rights and facilitating international cooperation. The 21st Century saw a broadening of the definition of ‘threats to […]

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Arbitration Uncategorized

Arbitration of MSME Disputes: Analyzing the Nexus Between the MSMED Act and the Arbitration Act

Archisman Chatterjee Introduction Difficulties faced by small-scale enterprises while carrying out their operations in a heavily competitive market prompted the Indian government to introduce the Micro Small Medium Enterprises Development Act, 2006 (‘MSME Act’). It was done with an aim to promote and facilitate their growth and consolidate the regulations they are subjected to. Section […]