Article 370 has not been abrogated or repealed yet: Then what has the...
The country today woke up to media reports that Article 370 of the Constitution of India has been abrogated. This provision of the Constitution lays down temporary provisions with respect to the State...
View ArticleCSR is Now a 'Cess' Pool
Somasekhar Sundaresan The sovereignty of Kashmir was not the only estate that was taken charge of in the current session of Parliament. Just days earlier, the government got Parliament to approve...
View ArticleA Constitutional disability lurking in the background? Oath of allegiance and...
Ravindra Kumar Raizada With the commencement of the Constitution (Application to Jammu & Kashmir) Order, 2019 and the declaration under Article 370(3) of the Constitution applying the provisions of...
View ArticleIBC (Amendment) Bill, 2019: Implications for judicial review of resolution plans
By Pratik Datta and Varun Marwah Shardul Shroff and Misha (2019) had earlier highlighted that excessive judicial discretion in corporate insolvency resolution is contrary to the express provisions of...
View ArticleNPAC's Arbitration Review: The 2019 Arbitration Amendment Act and the changes...
Dr. Amit George Having received presidential assent on the August 9, 2019, the Arbitration and Conciliation (Amendment) Act, 2019 (‘2019 Amendment’) has formally come into effect. It goes without...
View ArticleNPAC's Arbitration Review: A call for mediation in investment treaty disputes!
Kshama Loya In the universe of commercial disputes, the institutionalization of mediation appears to have taken center stage. With India becoming the most frequently sued country in international...
View ArticleFiling for Insolvency under Section 10 of IBC: Grounds for Rejection
Swaroop George While sections 7 and 9 of the Insolvency and Bankruptcy Code, 2016 (‘the Code’), allow creditors of a defaulting company to apply for rendering the company insolvent, Section 10 provides...
View ArticleThe Code on Wages, 2019 - Far from home? - Part I
Shardul S Shroff, Pooja Ramchandani and Ulka Bhattacharyya Part One The enactment of the Code on Wages, 2019 (‘Wage Code’) is a long-awaited first step in rationalizing India’s labour laws. This is...
View ArticleThe Code on Wages, 2019 - Far from home? - Part II
Shardul S Shroff, Pooja Ramchandani and Ulka Bhattacharyya Part Two The first part of this article highlighted and analyzed the Code on Wages, 2019 (‘Wage Code’s’) key features. This part takes the...
View ArticleJustice Mudgal Trophy for Lawyers & Law Students: Texas Hold ‘Em Poker – a...
PokerHigh is hosting an online Texas Hold ‘Em tournament called the “Justice Mudgal Texas Hold ’Em Online Championship” on 15th September 2019. All profits made from the tournament will be donated for...
View ArticleNRC Case: Constitutionality of Section 6-A Citizenship Act still under the...
Siddhartha Shankar Ray In the background of the recent exercise on the National Register of Citizens (NRC) in Assam, one particular issue comes to mind. A Constitution Bench of the Supreme Court is yet...
View ArticleExclusive Jurisdiction Clauses in a Contract: Key issues
Nivedita Shenoy & Sharanya Shivaraman In drafting dispute resolution clauses in commercial contracts, parties contemplate, inter alia, the most convenient and affordable forums to resolve their...
View ArticleUnderstanding the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019
Nand Kishore, Akash Deep and Rohit Arora What people really want is fairness. They want people paying their fair share of taxes. ― Barack Obama Tax Amnesty Schemes are clearly paradoxical to the above...
View ArticleNPAC’s Arbitration Review: The ‘immediate’ potential enforceability of...
Dr Amit George and Amol Acharya Section 34 (3) of Part I of the Arbitration and Conciliation Act, 1996 (‘Arbitration Act’) prescribes the outer time limit for challenging an arbitral award as three...
View ArticleSabarimala Verdict: Deconstructing the dissenting judgment, one year later
The lack of concrete jurisprudence regulating the relationship between religion and the law has created an intractable lacuna in the social and legal ethos of India. Although the Supreme Court, through...
View ArticleNPAC's Arbitration Review: Future of foreign arbitrators in India -...
Shashank Garg The Arbitration & Conciliation (Amendment) Act, 2019 (2019 Amendment) has ushered in a new era for institutional arbitration in India. Not only does the 2019 Amendment establish the...
View ArticleColumn: Intruding into Lawyers’ Privilege is Dystopian
Somasekhar Sundaresan If news reports of this week are to be believed, yet again, investigative agencies have sought to make inroads into the domain of lawyers to conduct investigations on their...
View ArticleA Pseudo-Secular India? An analysis of the Citizenship regime
Anmol Jain Citizenship is considered to be the most important right of all, as it determines the relationship between the state and its constituents. Devoid of citizenship, a person gets reduced to a...
View ArticleDealing with a more assertive Executive: Collegium needs to clarify policy on...
Rangin Pallav Tripathy During the first term of the Modi government that came into power in 2014, the Supreme Court Collegium faced a level of political scrutiny it had escaped in the first two decades...
View ArticleIndia Justice Report 2019: Only 15 million out of 1 billion eligible Indians...
The India Justice Report 2019 measures the capacity of four aspects of the justice system - the police, the prison system, the judiciary and legal aid - in each state, against its own declared...
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