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 […]

Categories
Constitutional Law

Parliamentary Powers in Question: Analysing the Controversy Surrounding Mahua Moitra’s Expulsion and the Constitutional Landscape of Indian Legislative Authority

Sashank Saravanan and Kanan Shivhare Introduction In the hallowed halls of the Indian Parliament, where debates shape the destiny of a nation, a recent controversy has ignited a fervent discourse on the powers vested in the legislative body to regulate the conduct of its members. The expulsion of Trinamool Congress MP Mahua Moitra from the […]

Categories
Constitutional Law

The Value of Inter-Judicial Dialogue for Constitutional Transformation: The Case of India and South Africa

Parth Goyal Introduction In November, 1949,  Dr. B.R. Ambedkar delivered his final remarks as Chairman of the Constitutional Drafting Committee before the Constituent Assembly of India, elaborating a grand and noble vision for the transformative project that was the Indian Constitution.  He stressed that India must “hold fast to constitutional methods of achieving [its] social […]

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TeLawgram

’21 Week 12 (19/03 – 26/03)

This week saw major developments in the legal arena with the Supreme Court of India deciding on multiple important cases such as the Tata Sons case and the Parliament passing the Government of National Capital Territory of Delhi Bill. We shall be travelling from India to New Zealand, Turkey and the United States to view various developments in policy, arbitration and intellectual property. Happy Reading!