Categories
Arbitration

Emergency Arbitration and State Immunity in India – Evaluating DIAC’s Framework in Sovereign Disputes

Ojas Sharma I. Introduction Delhi International Arbitration Centre (DIAC) has been an outcome of extensive experience within the Indian legal fraternity owing to the constant demand of an Indianized system pertaining to arbitration through Law Commission’s 246th Report. While the project seems ambitious and promising, the system is still at a very nascent stage compared […]

Categories
Securities

Digital Gold: Navigating Regulatory Frameworks and Investors’ Confidence

Saloni Rani I. Introduction Digital Gold allows an investor to purchase and sell gold online without any physical visits. It has gained prominence in a very short period because it does not create any blanket ban on the quantity of gold to be purchased and most importantly, it saves time and efforts of investors. The […]

Categories
Labour

Employees with(out) Benefits: Guaranteed Income Floor for Gig Workers

Vansh Manuja Introduction Gig workers, a significant part of Indias current economy with the growing popularity of quick commerce platforms are often neglected by the corporate house as well as the legislative. With around 77 lakh (7.7 million) workers were engaged in the gig economy in 2021 expected to expand to 2.35 crore (23.5 million) […]

Categories
Competition Law

PROCEDURAL BATTLEGROUNDS FOR THE CCI: OBSTRUCTION, EPHEMERAL DATA, AND BYOD IN DAWN RAIDS

Abhishek Nidasanametla When the Knock Comes: What India’s Competition Regime Isn’t Ready For In recent years, competition authorities abroad have started to treat ‘obstruction’ during dawn raids (“raid”) as a standalone infringement. Very recently, in Finland, the Market Court upheld a fine of EUR 1.5 million against Attendo Suomi after an employee deleted WhatsApp messages and […]

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
Constitutional Law

Proportionality Principle in India: A Hollow Promise?

Aditya Jain & Ayushi Shukla Introduction The proportionality principle today forms an integral part of review jurisprudence around the globe, and India is no exception. Tracing its origin from the German Constitutional Courts in the 19th century, the principle was developed in the context of administrative law to regulate police action while dealing with individual […]

Categories
Criminal

Shifting Contours of Criminal Laws: Analysing the Viability of Community Service as a Punitive Measure in India

Vishnu Sharma Recently, the Bharatiya Nyaya Sanhita, 2023, introduced the provision of Community Service as a punitive measure for certain offences. It is a remarkable step; however, a catena of shortcomings and challenges lie on the path of its implementation. This blog undertakes to critically analyse the provision of Community Service in India. Introduction ‘Punishment […]

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
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 […]

Categories
Privacy Law

Know Your Verifier: A Comment on the Law and Practice of Mandatory Aadhaar Authentication Procedures

Sankalp Srivastava Introduction This article is written broadly in the context of the documented categories of misuse of the Aadhaar regime to impose mandatory authentication by private players and the State.  For instance, private service providers continue to make Aadhaar mandatory for availing their services. In many cases, it goes unreported, but there are documented […]