Author: Anvita Dwivedi

In a significant ruling balancing constitutional patriotism with individual liberty, the Supreme Court of India has dismissed a plea challenging the Union Government’s circular on the singing of Vande Mataram, clarifying that no citizen can be penalised for choosing not to sing the national song. The Court, while disposing of the petition, held that the Ministry of Home Affairs (MHA) guidelines are advisory in nature and do not impose any coercive obligation, thereby preserving the fundamental right to freedom of conscience and expression. The petition arose in the backdrop of a recent MHA directive standardising the protocol for singing Vande…

In a significant and legally consequential order, the Allahabad High Court has refused to quash criminal proceedings arising out of the 1984 anti-Sikh riots in Kanpur, observing that the allegations if proven may constitute genocide, thereby warranting full trial rather than premature judicial intervention. The Court, while dealing with petitions seeking quashing of proceedings, held that the material on record discloses a prima facie case of large-scale, targeted violence against a particular community, and therefore cannot be dismissed at the threshold stage. The case relates to one of the many prosecutions stemming from the 1984 anti-Sikh riots, which followed the…

In a significant reaffirmation of the protective framework under the Insolvency and Bankruptcy Code, 2016 (IBC), the Supreme Court of India has held that once a moratorium is imposed, creditors cannot appropriate or set off pre-CIRP dues from a security deposit furnished earlier by the corporate debtor. The ruling, delivered by a bench of Justices Sanjay Kumar and K. Vinod Chandran, strengthens the sanctity of the moratorium under Section 14 of the IBC, underscoring that all recovery mechanisms must cease once insolvency proceedings commence. The dispute arose from a transmission agreement between Central Transmission Utility of India Ltd. (CTUIL) and…

In a revealing and data-driven assessment of gender realities within India’s legal profession, a nationwide survey conducted by the Supreme Court Bar Association (SCBA) has found that over 81% of women lawyers believe their professional journey has been more difficult than that of their male counterparts, highlighting entrenched structural and institutional barriers across the Bar. The findings, released at a national conference attended by members of the Supreme Court of India, are based on responses from more than 2,600 women legal professionals across India, making it one of the most comprehensive empirical studies on gender disparity in the Indian legal…

In a significant judgment clarifying the legal contours of caste-based reservation, the Supreme Court of India has held that conversion to any religion other than Hinduism, Sikhism, or Buddhism results in the automatic loss of Scheduled Caste (SC) status, reinforcing a strict interpretation of the Constitution (Scheduled Castes) Order, 1950. The ruling came in the context of a dispute where a person born into a Scheduled Caste had converted to Christianity but sought to invoke protections under the SC/ST (Prevention of Atrocities) Act. The Court upheld the quashing of such proceedings, holding that once conversion is admitted, statutory protections linked…

In a significant order addressing the intersection of urban governance, illegal immigration, and street vending regulation, the Bombay High Court has directed civic authorities and police to undertake a comprehensive verification of all hawkers operating across Mumbai, including those suspected to be foreign nationals or undocumented immigrants. The direction came from a Division Bench of Justices Ajay S. Gadkari and Kamal Khata while hearing a batch of petitions concerning the proliferation of unauthorised hawkers and regulatory failures under the Street Vendors law. The High Court has ordered the Brihanmumbai Municipal Corporation (BMC) and the Mumbai Police to conduct a thorough,…

In a significant intervention expanding the contours of accessibility rights, the Supreme Court of India has emphasised that public transport cannot be considered accessible unless “first and last mile” connectivity for persons with disabilities is ensured, urging authorities to consider wheelchair-friendly and specially modified cabs as an integral part of inclusive mobility. The observations came from a bench of Justice Vikram Nath and Justice Sandeep Mehta while hearing a Public Interest Litigation (PIL) seeking measures to improve accessibility for persons with disabilities (PwDs) in accessing public transport systems. The PIL highlights a structural gap in India’s transport framework while buses,…

In a significant ruling on the intersection of reservation policy and merit-based selection, the Supreme Court of India has held that candidates belonging to reserved categories can be considered for unreserved (general) category posts on merit even if they have availed relaxation in qualifying criteria provided the recruitment rules do not prohibit such migration. The judgment, delivered by a bench of Justices P.S. Narasimha and Alok Aradhe, settles a recurring controversy in public employment law and reinforces the principle that eligibility concessions do not dilute merit in final selection. The case arose from a teacher recruitment process in Maharashtra…

In a development that has once again brought the functioning of India’s insolvency regime under judicial and public scrutiny, the Supreme Court of India has taken note of a resolution process involving companies of the Anil Dhirubhai Ambani Group (ADAG), where claims amounting to approximately ₹2983 crore were settled for a mere ₹26 crore under proceedings governed by the Insolvency and Bankruptcy Code, 2016 (IBC). The matter, arising out of insolvency proceedings concerning ADAG-linked entities, highlights the recurring concern of “haircuts” taken by creditors under resolution plans, and the extent to which commercial wisdom of the Committee of Creditors (CoC)…

In a sharp and introspective critique of India’s litigation culture, Justice B. V. Nagarathna of the Supreme Court of India has highlighted what she termed a “paradox” at the heart of the justice system the government simultaneously expressing concern over judicial delays while being the largest contributor to case backlog. Speaking at the Supreme Court Bar Association’s National Conference 2026 on “Reimagining Judicial Governance,” Justice Nagarathna underscored that the State, instead of acting as a model litigant, often fuels pendency through routine and excessive litigation. Justice Nagarathna pointed out that the government’s conduct reflects a structural contradiction: the State “publicly…