The Fractures Within: The Subclassification, the Yard Stick Problem and the Constitutional Ambiguities of State of Punjab v Davinder Singh
Introduction The Madiga community of Andhra Pradesh has been sitting at the lowest rung of a society already at the bottom of the caste hierarchy for decades. Denied not just the dignity promised by the Constitution of India to all of its people but even the reservation meant specifically for them as a partial remedy. The underlying problem in their case was never that provisions of reservations did not exist, instead the issue was that a relatively more advanced Scheduled Ca
Pragati Singh
3 hours ago
Victim Before Offender?: Rethinking the CCL-CNCP Divide Under The Juvenile Justice (Care and Protection) Act, 2015
Introduction: Juvenile Justice at the Crossroads A 2024 study by the National Institute for Mental Health and Neurosciences (‘NIMHANS’) found that 90.9% of children referred from the juvenile justice system in India had experienced at least one Adverse Childhood Experience (‘ACE’), including abuse, neglect, etc. Similarly, a global study across 13 countries found that nearly 87 per cent of justice-involved youth had experienced at least one traumatic event. The study also fou
Sahil Ratre
Oct 6
Four Days After Home Care: ONGC v Larsen & Toubro and the Price of a Stay
Introduction On 17 April 2026 an award debtor applied under Section 36(3) of the Arbitration and Conciliation Act, 1996 for a stay and for continuation of a bank guarantee. Seven days later the Supreme Court decided Home Care Retail Marts v Haresh N Sanghavi, holding that an unsuccessful party may invoke Section 9 after an award. Four days after that the debtor abandoned its Section 36(3) prayer, moved under Section 9, and obtained the relief. Counsel argued in both forums th
Mohammed Haris & Syed Ahmad Nawaz Zaidi
Oct 5
CIIRP, Section 29A and the Eligibility Paradox under the IBC (Amendment) Act, 2026
The Insolvency and Bankruptcy Code (Amendment) Act, 2026 (‘Amendment Act’) received Presidential assent on 6 April 2026. It introduces the most structurally significant change to India’s insolvency framework since the Insolvency and Bankruptcy Code, 2016 (‘Code’) was enacted. Its centrepiece is the Creditor-Initiated Insolvency Resolution Process (‘CIIRP’), a new resolution track under Chapter IV-A (Sections 58A to 58K) that allows specified financial creditors holding at lea
Tanishka Mishra & Tanay Salwe
Oct 3
The Right to Be Forgotten as a Personality Right: Where Article 21, the DPDPA 2023, and IP Law Converge
Introduction A decade-old FIR that ended in acquittal. A matrimonial dispute settled years ago. A criminal proceeding in which a person’s name appeared only incidentally. For the petitioners before the Delhi High Court, these were not archival records but live injuries, reopened by every name-based search. On 29 May 2026, Justice Sachin Datta’s ruling in Laksh Vir Singh Yadav v Union of India answered them, consolidating over thirty-five writ petitions and recognising the rig
Lucky Sharma
Sep 28
Test Identification Parades and the Accused: Assessing Structural Biases in India’s TIP Framework
Introduction Recently, in Liyakat Ali v State of Himachal Pradesh, the Himachal Pradesh High Court acquitted several accused persons after nearly 15 years of incarceration, terming the prosecution’s failure to conduct a Test Identification Parade (‘TIP’) a ‘serious lapse in investigation’. A TIP is a pre-trial identification procedure in which a witness is asked to identify an accused from among other persons. TIPs are ordinarily conducted at the stage of investigation and s
Vikram Raj Nanda
Sep 5
