Author: Anvita Dwivedi

In a significant ruling shaping the contours of criminal jurisprudence under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the Supreme Court has held that criminal proceedings may be quashed where reliable and unimpeachable material effectively demolishes the prosecution’s case at its foundation. The judgment reinforces the judiciary’s role in preventing misuse of criminal law, while carefully balancing it against the principle that criminal trials should ordinarily proceed on merits. The ruling arose in a case where the accused were charged with assaulting an elderly individual. However, the Supreme Court found that CCTV footage presented by the accused clearly contradicted the…

In a significant ruling clarifying the internal structure of Islamic religious institutions, the Supreme Court of India has held that a Sajjadanashin of a dargah is fundamentally distinct from a Mutawalli, reaffirming the conceptual separation between spiritual authority and administrative control under the Waqf framework. The judgment carries important implications for succession disputes, jurisdiction of civil courts, and limits of statutory control under the Waqf Act, 1995. At the heart of the ruling lies a doctrinal clarification is that a Sajjadanashin is the spiritual head of a dargah or Sufi shrine, responsible for preserving religious traditions, guiding disciples, and maintaining…

In a moment of profound constitutional significance, a nine-judge Constitution Bench of the Supreme Court of India has commenced hearings in the long-pending Sabarimala reference, marking a decisive shift from a temple-entry dispute to a foundational examination of religious freedom, equality, and judicial review. The proceedings, which resumed after years of dormancy, are poised to redefine the contours of Articles 25 and 26 of the Constitution, potentially reshaping the jurisprudence governing the intersection of faith and fundamental rights. The Sabarimala controversy traces its origins to the 2018 judgment that permitted entry of women of all age groups into the Sabarimala…

In a significant ruling reinforcing labour dignity in the age of digital workplaces, the Madras High Court has held that abruptly blocking an employee’s smart card access as a means of termination is legally unsustainable and violative of the basic dignity of labour. The judgment marks an important judicial intervention at the intersection of employment law, human dignity, and technology-driven workplace practices, cautioning employers against adopting mechanical or de-humanising methods of disengagement. The case arose from a dispute involving the termination of a long-serving employee, where the employer allegedly revoked access credentials effectively denying entry at the workplace without following…

In a significant procedural development in the ongoing litigation surrounding the Delhi excise policy case, Arvind Kejriwal has moved an application before the Delhi High Court seeking the recusal of Justice Swarana Kanta Sharma from hearing the matter. The plea introduces a critical constitutional question relating to judicial impartiality, litigant confidence, and the doctrine of recusal. The application has been filed in proceedings arising out of a petition by the Central Bureau of Investigation (CBI), which is challenging a trial court order that had discharged Kejriwal and other accused in the alleged liquor policy corruption case. The matter is currently…

In a significant development reinforcing judicial oversight over executive action, the Supreme Court of India has directed the Central Bureau of Investigation (CBI) to initiate a preliminary inquiry into allegations of irregular allotment of public works contracts in Arunachal Pradesh to firms linked to the family members of Chief Minister Pema Khandu. The order marks a critical assertion of constitutional accountability, particularly in matters involving alleged conflict of interest, transparency in public procurement, and potential misuse of public office. A Bench comprising Justices Vikram Nath, Sandeep Mehta, and N.V. Anjaria directed the CBI to register a preliminary enquiry within two…

In a significant articulation of India’s constitutional federalism, Justice B.V. Nagarathna has underscored that the Union government must not treat States as subordinates, while firmly asserting that citizens cannot be discriminated against merely on the basis of their State of residence. The remarks reflect a deeper judicial concern over preserving the federal balance and equality framework embedded in the Constitution. Justice Nagarathna emphasized that Centre–State relations must remain rooted in constitutional principles rather than political convenience. She observed that the nature of governance cannot fluctuate depending on whether the same political party is in power at both levels, reinforcing that…

At a time when corporate fraud continues to test the resilience of India’s financial markets, a renewed legal discourse is emerging around the role of the Securities and Exchange Board of India (SEBI) in protecting investors not merely as a regulator, but as a facilitator of effective remedies for victims. A recent analytical perspective highlights the urgent need to strengthen SEBI’s statutory framework to ensure that victims of corporate fraud are not left remediless in an otherwise enforcement-heavy regime. SEBI, established under the SEBI Act, 1992, is entrusted with a threefold mandate to regulate the securities market, promote its development,…

In a strongly worded intervention, the Supreme Court of India has expressed deep disapproval over the handling of a serious law-and-order incident in West Bengal, where judicial officers were allegedly gheraoed for several hours during an official electoral exercise. The Court’s observations go beyond administrative criticism, raising fundamental concerns about the State’s constitutional obligation to protect the judiciary and uphold the rule of law. The controversy stems from an incident in Malda district, where seven judicial officers engaged in adjudication work linked to the Special Intensive Revision (SIR) of electoral rolls were surrounded and effectively held hostage by a mob…

In a development that underscores institutional participation in India’s forthcoming digital census exercise, Justice Surya Kant has reportedly completed his self-enumeration for the proposed Census 2027 from his official residence. The move is being viewed not merely as a procedural step, but as a symbolic endorsement of the evolving architecture of data-driven governance and citizen participation. A Shift Towards Digital Census Governance India’s upcoming Census is expected to mark a structural departure from traditional enumeration practices by incorporating a self-enumeration module, allowing individuals to digitally submit their demographic and socio-economic data. The participation of a sitting Chief Justice in this…