Categories
Arbitration

FROM SETTING ASIDE TO MODIFICATION: RECASTING JUDICIAL INTERVENTION IN INDIAN ARBITRATION

Gurkaranbir Singh The Supreme Court in Gayatri Balasamy v. ISG Novasoft Technologies Ltd., (“Gayatri Balasamy Judgment”) has now clarified the scope of judicial intervention in respect of modification of arbitral awards. The Court held that a court is empowered not only to set aside an arbitral award but also to modify or vary an arbitral […]

Categories
Labour Labour

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

Radhika Gupta 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, and serious environmental […]

Categories
Privacy Law Taxation Technology

Digital Trust as Public Infrastructure: Reconciling India’s Financial Inclusion and Tax Formalization Goals

Keshav Maheshwari Introduction: A Crisis of Confidence in a Cashless Revolution India’s Unified Payments Interface (UPI) stands as a monumental achievement in public digital infrastructure, a system that has dramatically lowered transaction costs and brought millions into the formal financial fold. However, a recent and unforeseen development threatens the very trust upon which this revolution […]

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
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
Criminal

To Bail Or Not To Bail: Conundrum of Section 45, PMLA

Nachiketa Narain & Aredla Praneet Reddy Introduction “Bail is the rule, jail is the exception” is what the division bench of the Supreme Court of India (SC), ruled in Prem Prakash v. Union of India (Prem Prakash) pertaining to bail provision under Prevention of Money Laundering Act, 2002 (PMLA).  It is pertinent to note that […]

Categories
Criminal

Cross – Jurisdictional Analysis of Deferred Prosecution Agreements

Divyam Shresth Sinha Introduction Criminal prosecution of a big corporation results in profusion of problems in the economic landscape of a country. Therefore, countries worldwide are willing to enter into Deferred Prosecution Agreements (DPAs) with these corporates. Various countries follow different approaches in their DPA regime. The present paper briefly analyzes the DPA regimes across […]

Categories
Criminal

Retrospective Application of Section 479 BNSS: A Crucial Step Forward in Alleviating Prison Overcrowding or Two Steps Back?

Debangana Nag and Sudha Ganesh Introduction The key purpose of a prison is to reform and rehabilitate the prisoners and make them responsible citizens of a nation. However, the reality on the ground emphasises that what is practised in our prisons is the theory of retribution and deterrence. The adverse conditions during long periods of […]

Categories
Criminal

Rethinking Witness Compensation: A Two-Pronged Approach to Reforming India’s Legal System

Aaditi Anand Sinha Introduction While discourse on Witness Protection Scheme has seen another development, with Assam drafting its own Scheme under Bharatiya Nagarik Suraksha Sanhita 2023 [“BNSS”], there is hardly any discussion on an equally important aspect–compensation provided to the witnesses for their statements although courts have reiterated its importance time and again. Mere safety […]

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 […]