Author: Anvita Dwivedi

In a case that lies at the intersection of constitutional liberty, medical autonomy and the State’s obligation to preserve life, the Delhi High Court has refused to grant interim relief seeking the transfer of climate activist Sonam Wangchuk from Safdarjung Hospital to a private medical facility of his family’s choice. Hearing an urgent petition filed by Wangchuk’s wife, Dr. Gitanjali J. Angmo, the Court observed that the authorities had acted within the bounds of law in shifting the activist to a government hospital after his health deteriorated during a prolonged hunger strike. The Court noted that Wangchuk had not voluntarily…

In one of the most significant regulatory interventions concerning the legal profession in the digital era, the Bar Council of India (BCI) has issued an extensive circular laying down ethical guidelines governing the use of social media by advocates, law students, interns and legal educators. The circular responds to the rapidly changing nature of legal communication, where short-form videos, promotional reels, influencer culture and artificial intelligence have increasingly begun intersecting with courtroom practice. While recognising that digital platforms can serve as valuable instruments for legal awareness, academic discussion and public education, the BCI has categorically warned that social media cannot…

In a judgment that transcends the narrow confines of a railway compensation dispute, the Supreme Court has delivered a broader constitutional message on human dignity, public safety and the obligations of the Indian Railways as a welfare institution. While allowing an appeal filed by the widow of a passenger who died after falling from a moving train, the Court not only awarded statutory compensation but also issued significant observations concerning the chronic problem of overcrowding in trains and the language employed by the Railways in its official manuals. The Bench urged the Railways to take meaningful steps to prevent overcrowding,…

In an unusually candid and institutionally significant address, Supreme Court Judge Justice Ujjal Bhuyan has reignited one of the most consequential debates in Indian commercial jurisprudence by observing that the Supreme Court’s 2024 decision in the Delhi Metro Rail Corporation Ltd. v. Delhi Airport Metro Express Pvt. Ltd. (DAMEPL) case caused “the most extensive damage to arbitration in India.” Speaking at a lecture titled “Arbitration in India: Reform, Relevance & the Road Ahead”, organised by The Law Forum, Justice Bhuyan expressed concern that excessive judicial intervention in arbitral awards, coupled with subsequent policy decisions discouraging arbitration in government contracts, has…

In a significant clarification that reinforces the constitutional distinction between electoral eligibility and citizenship status, the Supreme Court has once again observed that exclusion of a person’s name from the electoral roll under the Special Intensive Revision (SIR) exercise cannot, by itself, result in the loss of Indian citizenship. During the hearing of petitions arising from the West Bengal SIR exercise, the Court reiterated that the Election Commission of India (ECI) is not the constitutional authority empowered to determine citizenship under Indian law. If, during the course of electoral verification, the Commission forms an opinion that an individual’s citizenship is…

In a development that may significantly influence the future trajectory of constitutional jurisprudence on gender identity, bodily autonomy and equality, the Supreme Court has issued notice to the Union Government on a Public Interest Litigation seeking a distinct legal identity and a comprehensive protection framework for intersex persons. The petition contends that while Indian law has gradually evolved to recognise the rights of transgender persons, individuals born with congenital variations in sex characteristics, commonly referred to as intersex persons, continue to remain largely invisible within the country’s legal and policy framework. The proceedings therefore raise a constitutional question of considerable…

In a judgment that significantly refines the contours of India’s criminal law on obscenity, the Supreme Court has held that the mere use of swear words, abusive expressions or vulgar expletives, however offensive or uncivil, does not by itself constitute the offence of obscenity punishable under Section 294(b) of the Indian Penal Code. Setting aside criminal proceedings initiated on the basis of allegations that the accused had hurled abusive language in a public place, the Court observed that criminal law cannot equate every instance of verbal indecency with legal obscenity. For an offence under Section 294(b) to be attracted, the…

In a judgment carrying significant implications for the administration of justice and the internal functioning of the Indian judiciary, the Supreme Court has held that appellate courts must act as “a friend, philosopher and guide” to subordinate judges rather than wield “the heavy-handed baton of superior authority.” Setting aside a direction issued by the Kerala High Court requiring a Principal Sub Judge to undergo judicial training after reversing the trial court’s findings in a civil dispute relating to a will, the Supreme Court observed that appellate correction of judicial error must never descend into personal criticism of a judicial officer.…

In a significant development touching upon the delicate intersection of criminal jurisprudence, political protest and judicial scrutiny of prosecutions, the Supreme Court has indicated that it is not inclined to interfere with the Punjab and Haryana High Court’s decision quashing criminal proceedings against Punjab Chief Minister Bhagwant Mann in a decades-old rioting case. While hearing a Special Leave Petition filed by the Chandigarh Administration, the Court observed that democratic politics inevitably involves public demonstrations and slogan-raising, remarking that “everyone does naarebaazi in a democracy.” At the same time, the Bench clarified that if the Administration intended to challenge the High…

The Supreme Court has recorded a fresh status report filed by the Uttar Pradesh Police stating that its investigation has found no material implicating Ashish Mishra or his father, former Union Minister Ajay Mishra, in the separate case concerning alleged intimidation of witnesses connected with the 2021 Lakhimpur Kheri violence trial. The development emerged during the hearing of Ashish Mishra’s bail proceedings, where the Court simultaneously reviewed the progress of the main trial arising out of the Lakhimpur Kheri incident. While taking note of the police report, the Bench refrained from expressing any opinion on its correctness or otherwise, instead…