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Author: Anvita Dwivedi
In a significant ruling with both legal and political ramifications, the Supreme Court of India has permitted RJD supremo Lalu Prasad Yadav to raise the issue of sanction under Section 17A of the Prevention of Corruption Act, 1988 during trial in the controversial “land-for-railway jobs” case. While granting this limited relief, the Court refused to quash the FIR and chargesheets, thereby allowing the prosecution to proceed marking a calibrated judicial approach balancing procedural safeguards with accountability in corruption cases. A Bench of Justices M.M. Sundresh and N. Kotiswar Singh disposed of Yadav’s plea seeking quashing of proceedings, holding that the…
In a thought-provoking address that has sparked introspection within India’s legal fraternity, Justice Sanjay Karol highlighted a growing disconnect between aspirations of law students and the realities of India’s justice system. Speaking at an event at the National Law Institute University (NLIU), Bhopal, the judge observed that many students today aspire to emulate the polished, corporate-style lawyers seen in popular series like Suits, rather than engaging with the grounded realities of Indian legal practice. Justice Karol candidly remarked that legal education in premier institutions is increasingly seen as a pathway to high-paying corporate careers, often inspired by global portrayals of…
In a significant development engaging the intersection of personal liberty, procedural fairness, and bail jurisprudence, the Supreme Court of India has agreed to hear a plea filed by activist Teesta Setalvad seeking release of her passport, which was surrendered as a condition of bail. The matter, now listed before a three-judge Bench, raises an important constitutional question whether prolonged restrictions on travel can be justified once an accused is enlarged on bail and cooperating with the investigation. Teesta Setalvad was granted interim bail by the Supreme Court in September 2022 in a case alleging fabrication of evidence and conspiracy in…
In a development that may have far-reaching implications for India’s agricultural policy and constitutional jurisprudence, the Supreme Court of India has issued notice to the Union Government on a plea seeking fixation of Minimum Support Price (MSP) based on the actual cost of cultivation (C2). The case brings into sharp focus a long-standing agrarian concern whether farmers are being assured remunerative returns that genuinely reflect their input costs, and whether the State’s pricing framework meets constitutional standards of fairness and economic justice. The Public Interest Litigation, filed under Article 32 of the Constitution, contends that the current MSP mechanism is…
In a deeply concerning development with far-reaching constitutional and humanitarian implications, the Supreme Court of India has sought a response from the Union Government on a petition seeking urgent repatriation of 26 Indian nationals allegedly coerced into fighting in the Russia-Ukraine conflict. The case brings into focus not only the plight of Indian citizens abroad but also the extent of the State’s constitutional obligation to protect life and liberty beyond territorial borders. The petition, filed by family members of the affected individuals, invokes the Supreme Court’s jurisdiction under Article 32 of the Constitution, seeking issuance of a writ of…
In a significant ruling refining the contours of arbitration law in India, the Supreme Court has held that a mere general reference to a tender document containing an arbitration clause does not amount to its incorporation into a contract, unless there is a clear and conscious intention of the parties to do so. The judgment reinforces a crucial contractual principle which denotes that arbitration, being a consensual dispute resolution mechanism, cannot be inferred by implication or vague reference. The case arose from a dispute where the High Court had appointed an arbitrator on the premise that the arbitration clause contained…
In a significant ruling at the intersection of free expression, electoral regulation, and judicial restraint, the Madras High Court has dismissed writ petitions seeking to restrain the screening of the film “Dhurandhar 2: The Revenge” in Tamil Nadu during the ongoing Assembly elections. The decision reinforces a key constitutional principle courts cannot curtail artistic expression in the absence of a clear statutory prohibition, even during the subsistence of the Model Code of Conduct (MCC). A Division Bench comprising the Chief Justice and Justice G. Arul Murugan categorically held that there exists no legal framework prohibiting the release or screening of…
In a significant development at the intersection of free speech, platform regulation, and intermediary liability, the Delhi High Court is examining whether social media platform X Corp could lose its statutory “safe harbour” protection for failing to act against allegedly unlawful content posted by journalist Rana Ayyub. The proceedings have brought into sharp focus the scope of due diligence obligations under India’s Information Technology framework, particularly when platforms are put on notice regarding allegedly illegal content. The Union Government, in its submissions before the Court, has argued that X Corp’s continued inaction despite receiving “actual knowledge” of the impugned tweets…
In a significant and rare development in India’s constitutional landscape, Justice Yashwant Varma of the Allahabad High Court has tendered his resignation to the President of India amid ongoing impeachment proceedings triggered by serious allegations of misconduct. The resignation comes at a critical juncture when institutional processes for judicial accountability were already underway thereby raising complex legal questions about the interaction between resignation and constitutional removal proceedings under Articles 124(4) and 217 of the Constitution. The controversy surrounding Justice Varma traces back to a fire incident at his official residence in New Delhi, during which unaccounted cash was allegedly discovered,…
In a significant development highlighting the intersection of custodial rights, gender identity, and constitutional dignity, the Punjab & Haryana High Court has taken note of the absence of separate cells and facilities for transgender persons in jails and police lockups across Punjab, raising concerns over systemic gaps in protecting vulnerable communities within custodial settings. The matter arose from a Public Interest Litigation seeking directions for creation of separate wards, lockups, and toilets for transgender persons in prisons and police stations, along with mechanisms for gender identification and dedicated protection systems. In response to earlier directions issued by the High Court,…
