Author: Anvita Dwivedi

The Bombay High Court has recently sought a response from the Union Government on a public interest litigation (PIL) seeking inclusion of Subacute Sclerosing Panencephalitis (SSPE) under the National Policy for Rare Diseases (NPRD), 2021. This development marks an important moment in the evolving interface between public health policy and constitutional rights, particularly the right to life and health under Article 21. By calling for the Centre’s stand, the Court has signalled its willingness to examine whether policy exclusions in the domain of rare diseases can withstand constitutional scrutiny. The PIL, filed by a parent who lost his minor son…

The Supreme Court of India has recently delivered a significant ruling clarifying the legal threshold required for a valid arbitration agreement. In holding that a contractual clause stating disputes “can be settled by arbitration” does not create a binding obligation to arbitrate, the Court has reaffirmed that arbitration is fundamentally rooted in clear and unequivocal consent between parties. This judgment once again underscores that arbitration cannot be inferred from ambiguous or permissive language. The case arose in Nagreeeka Indcon Products Pvt. Ltd. v. Cargocare Logistics (India) Pvt. Ltd., where the dispute centered around Clause 25 of a Bill of Lading.…

In a politically and constitutionally charged development, the Lok Sabha has rejected the Constitution (One Hundred and Thirty-First Amendment) Bill, 2026 an ambitious legislative proposal aimed at restructuring India’s electoral architecture through delimitation and expansion of parliamentary representation. The failure of the Bill, which did not secure the mandatory two-thirds majority, has not only stalled immediate reforms but also opened a deeper constitutional debate on representation, federal balance, and the future of electoral democracy in India. The Constitution (131st Amendment) Bill sought to substantially increase the strength of the Lok Sabha from 543 seats to 850, alongside enabling a fresh…

In a significant intervention reflecting the judiciary’s growing engagement with technological shifts in legal practice, Surya Kant has advised newly designated Advocates-on-Record (AoRs) of the Supreme Court to personally draft pleadings and refrain from outsourcing this core professional responsibility to artificial intelligence tools. The remarks, delivered during an interaction with newly inducted AoRs, underscore an emerging judicial concern: that while technology may assist, it cannot substitute the intellectual rigour and accountability inherent in legal drafting. Addressing the new AoRs, CJI Surya Kant emphasised that drafting is not a mechanical exercise but a deeply intellectual process requiring legal reasoning, contextual understanding,…

In a development of considerable constitutional significance, the Supreme Court of India has referred a batch of petitions challenging the validity of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, along with its Rules, to a three-judge Bench. The move signals that the Court views the issue not as an isolated statutory challenge but as one with far-reaching implications for similar legislative frameworks governing organised crime across India. The reference emerged in proceedings arising from a plea filed by Samajwadi Party leader Irfan Solanki, where a Bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul…

In a significant constitutional articulation, former Chief Justice of India B. R. Gavai has reaffirmed that the Indian Constitution does not merely promise equality in form, but mandates the dismantling of entrenched structures that perpetuate inequality. Delivered at the Ambedkar Memorial Lecture at NALSAR University of Law, his address foregrounds a deeper, transformative understanding of constitutionalism one that aligns law with social realities rather than abstract guarantees. Justice Gavai’s central thesis rests on the distinction between formal equality and substantive equality. While the former ensures equal treatment in law, the latter demands corrective mechanisms to address historical and systemic disadvantages.…

In a fresh setback to Congress leader Pawan Khera, the Supreme Court has declined to extend the one-week transit anticipatory bail earlier granted by the Telangana High Court in connection with an FIR registered by the Assam Police. The Court’s refusal, coming shortly after it had already stayed the Telangana High Court’s protective order, is significant not merely for its immediate procedural consequence but for the larger legal principle it reinforces: transit anticipatory bail cannot become a vehicle for forum selection divorced from territorial and jurisdictional discipline. The controversy stems from allegations made by Khera against Riniki Bhuyan Sarma, wife…

In a significant clarification of dowry law jurisprudence, the Supreme Court has held that a wife and her family members cannot be prosecuted for “giving dowry” solely on the basis of statements made in her complaint against the husband for “taking dowry.” The ruling not only settles a recurring legal controversy but also reinforces a victim-centric interpretation of the Dowry Prohibition Act, 1961, ensuring that individuals seeking justice are not exposed to retaliatory criminal proceedings. The judgment arose from a matrimonial dispute in which the wife had filed an FIR against her husband and his family alleging cruelty under Section…

The Union Government’s notification bringing into force the Constitution (One Hundred and Sixth Amendment) Act, 2023 popularly known as the Women’s Reservation Law from April 16, 2026, marks a significant moment in India’s constitutional and political landscape. After decades of debate and legislative effort, the formal operationalisation of a law mandating 33% reservation for women in the Lok Sabha and State Legislative Assemblies appears, at first glance, to be a transformative step towards correcting gender imbalance in political representation. Yet, beneath this milestone lies a more complex constitutional reality the law’s implementation remains contingent, deferred, and structurally tied to future…

In a development that may have far-reaching implications for India’s personal law jurisprudence, the Supreme Court has issued notice to the Union Government on a Public Interest Litigation (PIL) challenging certain provisions of the Muslim Personal Law (Shariat) Application Act, 1937, on the ground that they are discriminatory against women. The case, though presently at a preliminary stage, signals a renewed judicial engagement with one of the most sensitive and unresolved questions in Indian constitutional law—the extent to which personal laws can be tested against fundamental rights, particularly the guarantee of equality under Article 14. The petition, filed by activist…