Author: Anvita Dwivedi

In a significant intervention with far-reaching implications for India’s insolvency regime, the Supreme Court of India has expressed serious concern over delays in the approval of resolution plans by the National Company Law Tribunal (NCLT), describing the situation as “very unfortunate.” The Court has now called for a comprehensive nationwide report on pending cases, signalling a deeper judicial scrutiny of institutional inefficiencies within the insolvency framework. The issue arose in proceedings where the Court noted that despite the structured timelines envisaged under the Insolvency and Bankruptcy Code (IBC), resolution plans once approved by creditors continue to remain pending before NCLT…

In a constitutionally significant development, the Supreme Court of India is currently engaged in an extensive examination of the Sabarimala reference, revisiting foundational questions concerning the Essential Religious Practices (ERP) test, the scope of denominational rights under Articles 25 and 26, and the extent of the State’s power to intervene in matters of religion. The ongoing hearings before a nine-judge Constitution Bench mark one of the most consequential re-evaluations of religious freedom jurisprudence in recent decades. The reference arises from the aftermath of the 2018 Sabarimala judgment, which allowed entry of women of all age groups into the temple, holding…

In a significant reaffirmation of judicial independence and the limits of recusal jurisprudence, the Delhi High Court has held that the mere fact that a judge’s children are empanelled as Central Government counsel cannot constitute a valid ground for alleging bias. The Court observed that if such a standard were accepted, “a large part of the judiciary” would be compelled to recuse from government-related matters an outcome that would severely disrupt the administration of justice. The observation was made by Justice Swarana Kanta Sharma while rejecting a recusal application filed by Arvind Kejriwal in connection with proceedings arising from the…

In a development that raises important questions about transparency and accountability in judicial recruitment processes, the Supreme Court’s Recruitment Cell has acknowledged discrepancies in the evaluation of the Law Clerk-cum-Research Associate Examination, 2026, and directed that the errors be rectified within 72 hours. The admission of error, particularly in a highly competitive and prestigious selection process, reflects both the vulnerability of large-scale evaluation systems and the institutional responsibility to correct them promptly. The issue came to light after candidates flagged inconsistencies in the marks awarded for the Part-I objective paper. Several candidates reported that their calculated scores, based on the…

In a significant clarification of criminal jurisprudence under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), the Supreme Court has held that the statutory presumption of guilt under Section 29 cannot be invoked solely on the basis of a child victim’s testimony if such testimony is found to be unreliable. The ruling reinforces a crucial balance within criminal law while the statute seeks to protect child victims, it does not dispense with the foundational requirement of credible evidence. The judgment arose in Debraj Dutta v. State of West Bengal, where the Court set aside a conviction that…

In a decisive intervention aimed at correcting long-standing gender imbalance within the legal profession, the Supreme Court of India has warned Bar Associations across the country to ensure 30% representation for women in their governing bodies, failing which they may face suspension and fresh elections. This marks a significant shift from advisory judicial directions to enforceable mandates, signalling that gender representation is no longer a matter of discretion but a binding institutional requirement. The direction was issued by a Bench led by Chief Justice of India Surya Kant along with Justices Joymalya Bagchi and Vipul M. Pancholi while hearing matters…

In a telling observation that reflects the growing anxiety within the judicial system over cyber fraud, Surya Kant recently expressed shock that even well-educated individuals are falling victim to so-called “digital arrest” scams. The remark, made during proceedings relating to a suo motu case on cyber fraud, signals not merely a passing concern but a deeper institutional recognition that traditional assumptions about awareness and vulnerability are no longer valid in the digital age. The Chief Justice’s remarks were accompanied by a striking anecdote: a woman known to him in an official capacity lost her entire post-retirement savings after falling prey…

In a significant reaffirmation of labour jurisprudence, the Supreme Court of India has held that short or artificial breaks in service cannot be used to deny ad-hoc employees the benefit of continuity for the purposes of regularisation. The ruling strengthens the constitutional protection available to long-serving employees who are often subjected to intermittent and strategically imposed breaks by employers to defeat their claims to permanency. The Court’s reasoning is rooted in a well-established legal principle: continuity of service must be assessed in substance, not in form. Where employees have worked over long durations performing regular duties, minor or artificial interruptions…

In a sharp assertion of judicial discipline, the Supreme Court of India has dismissed a public interest litigation (PIL) seeking a declaration that Netaji Subhas Chandra Bose and the Indian National Army (INA) were solely responsible for India’s independence. The Court not only rejected the plea but also issued a stern warning to the petitioner against repeatedly filing identical petitions, signalling growing judicial intolerance toward what it termed misuse of the PIL jurisdiction. The matter was heard by a Bench led by Chief Justice of India Surya Kant, which expressed strong disapproval of the petitioner’s conduct. Notably, the same petitioner…

The rejection of the Constitution (131st Amendment) Bill, 2026 must be understood not merely as a parliamentary outcome, but as a defining constitutional moment that has once again postponed women’s entry into India’s highest decision-making forum. While the public discourse has been dominated by the politics of delimitation, the real and immediate consequence lies elsewhere women’s representation in Parliament continues to remain deferred, despite decades of legislative acknowledgement and constitutional commitment. As previously analysed, the collapse of the Bill has directly halted a pathway that could have operationalised one-third reservation in a time-bound manner. At the centre of this debate…