Author: Anvita Dwivedi

A criminal defamation proceeding pending before a Pune court has once again brought one of India’s most enduring historical debates into the judicial arena, as the grandnephew of Vinayak Damodar Savarkar deposed before the trial court regarding the controversial characterisation of the freedom fighter’s mercy petitions addressed to the British colonial administration. The witness, during the course of cross-examination, stated that he could not conclusively say whether Savarkar should be described as a “Mahaveer” or as a “British agent” merely because he had submitted mercy petitions during his incarceration in the Cellular Jail. The testimony assumes significance not because it…

In a judgment carrying far-reaching implications for the regulation of the legal profession, the Supreme Court has directed the Bar Council of India (BCI) to undertake a comprehensive performance audit of the disciplinary mechanisms administered by it and the State Bar Councils under the Advocates Act, 1961. While reiterating that the legal profession occupies a constitutionally distinct position as an indispensable pillar of the justice delivery system, the Court emphasised that the privilege of self-regulation cannot exist in isolation from transparency, accountability and institutional effectiveness. Observing that public confidence in the legal profession depends not merely upon judicial integrity but…

In yet another significant development in India’s rapidly evolving jurisprudence on personality rights and digital identity, Indian cricketer Abhishek Sharma has approached the Delhi High Court seeking protection against the alleged unauthorised commercial exploitation of his name, image, likeness and other identifying attributes across digital platforms. The matter came up before Justice Jyoti Singh, who, while expressing willingness to examine the grievance, declined to grant immediate relief owing to deficiencies in the material placed before the Court. Instead, the Bench directed the plaintiff to file an additional affidavit placing on record screenshots corresponding to the impugned URLs and the tabulated…

In a significant reaffirmation of the constitutional principle that public sentiment cannot legitimise an illegality, the Supreme Court declined to interfere with the Bombay High Court’s order directing the removal of a Chhatrapati Shivaji Maharaj statue erected on land belonging to the Mormugao Port Authority in Goa. A Vacation Bench comprising Justice M.M. Sundresh and Justice Sheel Nagu expressed its disinclination to entertain the Special Leave Petition challenging the High Court’s decision. Faced with the Bench’s observations, the petitioners sought permission to withdraw the matter, which was accordingly dismissed as withdrawn with liberty to approach the Bombay High Court by…

The Supreme Court has declined to grant urgent listing to a Public Interest Litigation seeking immediate judicial intervention against alleged derogatory remarks made by a social media influencer concerning Prophet Muhammad, holding that the petitioner must first exhaust the remedies available under the ordinary criminal justice system. Refusing to entertain the plea at the threshold, a Vacation Bench comprising Justice Ahsanuddin Amanullah and Justice Sheel Nagu underscored that the Supreme Court cannot become the first forum for every grievance merely because it involves a matter of public sensitivity. Advising the petitioner to “have faith in the system,” the Bench observed…

As the global community accelerates its transition towards carbon neutrality, an equally important legal debate has begun to emerge beyond environmental regulation and climate finance the role of intellectual property rights in determining who can access climate-critical technologies. A growing body of legal scholarship argues that while the world has acknowledged climate change as an existential challenge, the international intellectual property framework continues to impede equitable access to green technologies by concentrating patent ownership in a handful of technologically advanced economies. A recent scholarly discussion revisits this dilemma through the lens of the World Trade Organization’s Agreement on Trade-Related Aspects…

The long-standing constitutional debate surrounding India’s Collegium system for appointment of judges has once again returned to the forefront following a candid discussion between Senior Advocates Kapil Sibal and Dushyant Dave, in which both senior members of the Bar expressed serious concerns regarding the functioning of the existing mechanism governing appointments to the higher judiciary. Speaking during an interview on the programme Dil Se with Kapil Sibal, the two legal stalwarts questioned whether the Collegium, which was judicially evolved to safeguard the independence of the judiciary from executive interference, has gradually drifted away from the very constitutional objectives that justified…

One of the most enduring challenges confronting criminal jurisprudence is not the interpretation of what the legislature has expressly enacted, but the resolution of situations where the statute remains conspicuously silent. Unlike civil legislation, where procedural flexibility often permits courts to fill legislative gaps through equitable principles, criminal law operates within a constitutional framework that demands certainty, legality and protection against arbitrary State action. Yet, modern criminal litigation increasingly presents situations where statutory silence leaves courts to determine whether procedural innovations adopted by investigative agencies, prosecuting authorities or judicial institutions possess legal legitimacy. A recent scholarly discussion revisits this jurisprudential…

In a significant development that could substantially influence the future of court-annexed mediation and civil litigation in India, the Delhi High Court has referred to a Larger Bench the important legal question of whether the period spent by litigating parties in mediation should be excluded while computing the statutory limitation prescribed for filing a written statement or replication under the Delhi High Court (Original Side) Rules, 2018. The reference comes amid conflicting judicial opinions on the issue and raises a larger jurisprudential debate concerning the reconciliation of two competing objectives of modern civil justice the strict procedural timelines introduced to…

In a significant ruling clarifying the jurisdictional contours of criminal courts under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), the Rajasthan High Court has held that Judicial Magistrates are competent to entertain and decide bail applications in NDPS cases where the statutory restrictions contained in Section 37 of the Act are inapplicable. The judgment resolves an important procedural issue that frequently arises before trial courts and is expected to streamline bail adjudication in cases involving small and intermediate quantities of narcotic substances. While reaffirming the extraordinary rigour of Section 37 in offences involving commercial quantity and other…