Author: Anvita Dwivedi

A vigorous constitutional debate unfolded in the Rajya Sabha after Senior Advocate and Member of Parliament Menaka Guruswamy alleged during parliamentary proceedings that the Union Government appoints only those judges who broadly align with its ideological preferences. The remarks, made while participating in a discussion concerning the functioning of constitutional institutions and the judiciary, have once again brought into public focus one of the most contested issues in Indian constitutional law the relationship between the executive and the judiciary in the process of judicial appointments. Although the observations were made in the course of parliamentary debate and do not constitute…

A vigorous constitutional debate unfolded in the Rajya Sabha after Senior Advocate and Member of Parliament Menaka Guruswamy alleged during parliamentary proceedings that the Union Government appoints only those judges who broadly align with its ideological preferences. The remarks, made while participating in a discussion concerning the functioning of constitutional institutions and the judiciary, have once again brought into public focus one of the most contested issues in Indian constitutional law the relationship between the executive and the judiciary in the process of judicial appointments. Although the observations were made in the course of parliamentary debate and do not constitute…

The humanitarian consequences of escalating hostilities in West Asia have now reached the Supreme Court of India, where the wife of an Indian merchant ship captain, reported missing after a deadly attack on a commercial vessel in the Strait of Hormuz, has sought urgent judicial intervention for securing coordinated diplomatic action by the Union Government. The petition places before the Court a deeply significant constitutional question that extends beyond the tragedy of a single family what is the extent of the Indian State’s constitutional and diplomatic responsibility when one of its citizens disappears while serving aboard a commercial vessel caught…

In a significant humanitarian intervention carrying important constitutional and diplomatic implications, the Supreme Court of India directed the Ministry of External Affairs (MEA) to take immediate and coordinated steps to trace an Indian seafarer reported missing after a merchant vessel came under a drone attack near the Ukrainian coast. The Court instructed the MEA, along with the Embassies of India in Ukraine and Romania, to actively coordinate with local authorities and international agencies to ascertain the whereabouts of the missing crew member and keep the family informed of all developments. Although the proceedings arose from an individual petition seeking urgent…

The long-running legal dispute over Super Speciality (NEET-SS) admissions has once again reached the Supreme Court of India, this time through an application filed by Tamil Nadu Government Medical Officers seeking modification of the Court’s earlier direction requiring the State to surrender all unfilled in-service super-speciality seats to the All India Quota (AIQ). The applicants have urged the Court to permit the State to retain the entire pool of vacant seats instead of transferring them to the central counselling mechanism, contending that such seats were originally created to strengthen the State’s public healthcare system and should continue to serve that…

The Calcutta High Court is set to hear a significant application filed by Trinamool Congress MP Abhishek Banerjee seeking judicial permission to travel abroad for specialised ophthalmic treatment, a request made in compliance with earlier directions governing his interim protection from coercive action in pending criminal proceedings. Although the application concerns an individual litigant, the legal questions before the Court transcend personal circumstances. At the heart of the proceedings lies a recurring constitutional issue—how should courts balance an individual’s right to access specialised medical treatment abroad against the necessity of ensuring the integrity of ongoing criminal investigations? The hearing is…

The Bombay High Court has once again brought the Disha Salian death case under intense judicial scrutiny after expressing dissatisfaction with the progress of the investigation while hearing a petition filed by her father seeking registration of a First Information Report (FIR) and a comprehensive investigation into the circumstances surrounding her death. During the proceedings, the Court questioned the Mumbai Police regarding the prolonged delay in bringing the inquiry to its logical conclusion and sought an explanation as to why a final report had not yet been filed despite the passage of considerable time. The hearing marks another important development…

In a judgment that once again reinforces the delicate boundary between civil disputes and criminal prosecution, the Supreme Court of India has held that a mere breach of contractual obligations cannot automatically amount to the offence of cheating unless the complainant establishes that the accused possessed fraudulent or dishonest intention from the very inception of the transaction. Exercising its jurisdiction to prevent abuse of the criminal justice system, the Court quashed the criminal proceedings initiated against the accused, observing that criminal law cannot be invoked merely because a commercial arrangement has failed or contractual promises have remained unfulfilled. The Bench…

In a judgment carrying significant implications for international shipping companies, cruise operators and cross-border taxation, the Supreme Court of India has held that cruise voyages do not cease to be a shipping business merely because passengers are provided entertainment, accommodation, dining and hospitality services during the voyage. Interpreting Section 44B of the Income-tax Act, 1961, the Court ruled that the dominant and essential character of a cruise operation remains the operation of ships engaged in the carriage of passengers by sea. The various amenities offered on board including luxury accommodation, restaurants, recreational facilities, cultural programmes and entertainment are merely incidental…

In a significant judgment harmonising the objectives of the Insolvency and Bankruptcy Code, 2016 (IBC) with the protective framework of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act), the Supreme Court of India has held that while provident fund contributions constitute protected employee dues that cannot ordinarily be compromised under a resolution plan, uncrystallised claims relating to interest under Section 7Q and damages under Section 14B of the EPF Act may legitimately be excluded where they had not been adjudicated or quantified before the commencement of the Corporate Insolvency Resolution Process (CIRP). The Court drew a careful…