Daily News Analysis

Daily News Analysis

Clean Slate Doctrine

The Supreme Court, in its recent judgment in Ujaas Energy, clarified that the Clean Slate Doctrine is primarily aimed at extinguishing claims against a corporate debtor after resolution, but it does not necessarily eliminate every legal consequence arising from the underlying facts. About the Clean Slate Doctrine The Clean Slate Doctrine is an important principle under the Insolvency and

Supreme Court on Police Custody under BNSS

In State of Andhra Pradesh v. Suda Suresh Veera Venkata Naga Raju, the Supreme Court clarified that Section 187(2) of the BNSS, 2023 permits police custody to be sought in parts during the first 40 or 60 days of detention, depending on whether the applicable statutory detention period is 60 or 90 days. However, the total police custody cannot exceed 15 days. Change from CrPC Under Sectio

Presidential System of Government

A Presidential System is a form of government in which the President is both the Head of State and Head of Government. The President leads the executive and generally functions independently of the legislature. The system is based on Separation of Powers, with the executive, legislature and judiciary having distinct roles. Key Features Real Executive and Fixed Tenure The President is

Supreme Court (Number of Judges) Amendment Bill, 2026

Parliament has increased the sanctioned strength of the Supreme Court from 34 to 38 judges, including the Chief Justice of India, by adding four judicial posts to address the Court’s growing workload. Money Bill Controversy The Bill was passed as a Money Bill, with the government linking the expenditure on additional judges and associated infrastructure to the Consolidated Fund of

Supreme Court on Section 498A and Live-in Relationships

In Dr. Lokesh B.H. & Ors. v. State of Karnataka & Anr. (2026), the Supreme Court held that Section 498A IPC, now corresponding to Section 85 of the Bharatiya Nyaya Sanhita (BNS), can extend protection against cruelty to women in certain live-in relationships that are in the nature of marriage, subject to establishing an intent to marry. Purposive Interpretation The Court adopted

Supreme Court on Mining Near Asan Wetland

Why in News? The Supreme Court recently orally clarified that its earlier directions restricting mining around the Asan Wetland Conservation Reserve could, for the sake of parity, potentially apply to other wetlands and community conservation reserves across India. SC’s 10-km Mining Restriction In its February 2024 interim order, the Supreme Court directed that mining within a 1

Women Representation in the Higher Judiciary of India

Latest News The appointment of Justice V. Mohana as a Judge of the Supreme Court of India marks a historic milestone in the Indian judiciary. She has become only the second woman advocate to be directly elevated from the Bar to the Supreme Court, after Justice Indu Malhotra (2018). The appointment has once again revived the debate on the low representation of women in India's higher jud

Constitutional Questions and Judicial Independence

The appointment of five new judges to the Supreme Court of India has generated an important constitutional debate because three of these appointments occupy positions created through the Supreme Court (Number of Judges) Amendment Ordinance, 2026, rather than through a permanent Act of Parliament. The controversy raises significant questions regarding judicial independence, security of tenure,

Prison Overcrowding in India

The National Crime Records Bureau (NCRB) has released the latest Prison Statistics India Report, 2024, which reveals that although the national prison occupancy rate declined to a decade-low of 112.7%, prison overcrowding continues to remain a serious structural challenge across the country. The report highlights that the crisis is largely driven by the high proportion of undertrial prisoners,

Public Interest Litigation (PIL)

The Union Government has urged the Supreme Court of India to fundamentally reconsider the framework of Public Interest Litigation (PIL), citing the increasing problem of "agenda-driven litigation." According to the government, PILs, which were originally intended to secure justice for disadvantaged sections of society, are increasingly being misused for pursuing private, political, o

Hate Speech

Recently, the Supreme Court of India observed that hate speech originates from an “us versus them” mindset and poses a serious threat to the constitutional value of Fraternity. Key Observations of the Supreme Court Hate Speech is Against the Constitutional Value of Fraternity The Supreme Court observed that hate speech is not merely inappropriate or offensive speech; it st

Hate Speech

The Supreme Court of India recently observed that hate speech, driven by an “us versus them” mindset, poses a serious threat to the constitutional values of fraternity, equality, and social harmony. The Court emphasized that the major issue is not the absence of laws but the poor implementation of existing legal provisions. Therefore, instead of creating new laws, stronger enforcem

Public Interest Litigation

The increasing scrutiny of Public Interest Litigation (PIL) in India highlights a growing tension between its role as a tool for constitutional justice and its emerging misuse for non-public or extraneous purposes. While PIL has significantly expanded access to justice under Article 21, concerns have emerged regarding its distortion, judicial overreach, and procedural weaknesses. Dilution o

Legal System

For millions of Indians, the judicial system has become less a symbol of justice and more a complex structure marked by delays, uncertainty, and procedural inefficiency. While certain high-profile cases receive swift attention, ordinary citizens often remain trapped in endless litigation, repeated adjournments, and prolonged waiting periods. The phrase “Justice delayed is justice denied&

Religious Conversion

In the case of Chinthada Anand v. State of Andhra Pradesh, the Supreme Court of India ruled that a person professing any religion other than Hinduism, Sikhism, or Buddhism cannot be recognised as a member of a Scheduled Caste (SC) community. The Court clarified that conversion to religions such as Christianity or Islam leads to the immediate and complete loss of Scheduled Caste status, irre

Case for Plea Bargaining

Cesare Beccaria famously argued that the certainty and swiftness of punishment are more effective than its severity. This idea holds particular relevance in India, where the justice delivery system is burdened with significant delays. The growing judicial backlog calls for systemic reforms, and plea bargaining emerges as a viable mechanism to ensure faster and more efficient justice. India&

Judicial Regulation of Free Speech

Recent observations by the Supreme Court in Ranveer Allahbadia vs Union of India (2025), where the Court suggested the creation of new regulatory mechanisms for online content, have reignited a fundamental constitutional debate. The key question is whether courts should limit themselves to protecting free speech, or whether they can legitimately shape and design regulatory frameworks governing

Impeachment Motion

Members of Parliament from the INDIA bloc have proposed to move an impeachment motion in Parliament against Justice G.R. Swaminathan of the Madurai Bench of the Madras High Court. This move follows a judicial order directing the Subramaniya Swamy Temple authorities to ensure the lighting of a lamp at the deepathoon (pillar) near a dargah during the Karthigai Deepam festival, which has generat

Judicial Pendency

The Union Minister of Law and Justice has highlighted a serious manpower crisis in the Indian judiciary, where high judicial vacancies combined with a rising case load—nearly 4.80 crore pending cases in lower courts—have created systemic stress. This situation underscores the urgent need for structural and institutional reforms. Status of Case Pendency in the Indian Judiciary

National Judicial Policy

The Chief Justice of India, Justice Surya Kant, has called for the formulation of a National Judicial Policy to reduce divergence in judicial functioning across courts. He also stated that the Supreme Court would consider a plea seeking the revival of the National Judicial Appointments Commission (NJAC), which directly challenges the existing Collegium system of judicial appointments. Need

Judicial Backlog in India

India’s judicial system is facing a serious backlog of cases, with over 4.8 crore cases pending across various courts. Many cases have been pending for decades, highlighting the urgent need for judicial reforms. Pendency Across Courts Supreme Court: Approximately 82,500 cases are pending, with around 50% over a year old. High Courts: About 60 lakh cases are pending, w

Doctrine of Clean Slate

The Doctrine of Clean Slate under the Insolvency and Bankruptcy Code, 2016 (IBC) has been reaffirmed by the Delhi High Court. The Court clarified that a successful resolution applicant—i.e., the new owner or buyer of an insolvent company—cannot be held liable for criminal offences or liabilities that arose from the corporate debtor’s past management. This principle reinforces

Doctrine of Clean Slate

The Doctrine of Clean Slate under the Insolvency and Bankruptcy Code, 2016 (IBC) has been reaffirmed by the Delhi High Court. The Court clarified that a successful resolution applicant—i.e., the new owner or buyer of an insolvent company—cannot be held liable for criminal offences or liabilities that arose from the corporate debtor’s past management. This principle reinforces

Qualifications, Not Caste, Basis for Appointing Priests

The Kerala High Court (HC) has ruled that the appointment of temple priests is a secular activity, and therefore subject to constitutional principles of equality and non-discrimination under Articles 14, 15, 25, and 26. The judgment dismissed a petition filed by the Akhila Kerala Thanthri Samajam and upheld the 2022 rules of the Travancore Devaswom Board (TDB), which require institutional training

SC Allows Experienced Judicial Officers to be Appointed as District Judges

SC Allows Experienced Judicial Officers to be Appointed as District Judges In the landmark case Rejanish KV vs K Deepa, a five-judge Supreme Court bench, led by Chief Justice of India B.R. Gavai, ruled that sitting subordinate judges with at least seven years of prior Bar experience are eligible to directly apply for District or Additional District Judge positions. This ruling overturned earlie

Doctrine of Lis Pendens

Recently, the Delhi High Court has ruled that courts have the authority to exempt a property from the Doctrine of Lis Pendens in certain cases. This exemption is aimed at shielding genuine owners from vexatious lawsuits that could otherwise affect their property rights during the pendency of litigation. The court’s ruling highlights a significant aspect of property law, where it aims to

Public Trust Doctrine

The Public Trust Doctrine has recently been reaffirmed by the Supreme Court of India, which expanded its scope to include man-made or artificial waterbodies that serve ecological or environmental purposes. This extension reflects a growing recognition of the need to protect resources critical to the public good, whether natural or human-made. What is the Public Trust Doctrine? The Public

Defamation in India

Recently, a Supreme Court judge raised concerns about the increasing misuse of defamation laws by political figures and private individuals to settle personal and political disputes. The judge suggested the need to decriminalise defamation in order to prevent its misuse and safeguard freedom of speech. What is Defamation? Defamation is the act of making false statements about someone tha

Doctrine of Escheat

The Supreme Court of India recently ruled that a State Government cannot invoke the doctrine of escheat under Section 29 of the Hindu Succession Act once a Hindu male has executed a Will that has been declared valid and has been granted probate by a court. This ruling clarifies the legal implications of escheat in the presence of a valid will. About the Doctrine of Escheat The doctrine o

Clean Slate Doctrine

The Clean Slate Doctrine under the Insolvency and Bankruptcy Code (IBC) has been recently reinforced by the Delhi High Court, confirming that successful resolution applicants should not inherit the criminal liabilities of a corporate debtor’s past management. This principle has significant implications for the resolution process and for corporate restructuring in India. What is the Cl

Report on Groundwater Contamination

Report on Groundwater Contamination The Central Groundwater Board (CGWB) recently released a report highlighting alarming levels of groundwater contamination across India. It indicates a troubling rise in nitrate contamination, among other pollutants, affecting both public health and the environment. Key Findings of the CGWB Report Increase in Nitrate Contamination: By 2

Dissent in the Indian Judiciary

Dissent in the Indian Judiciary Context Dissent within the Indian judiciary is a key aspect of its functioning and an important feature of its role in a democratic society. It represents the diversity of thought among judges, the independence of the judicial system, and a mechanism for ensuring a pluralistic and evolving legal system. Nature of Dissent in the Indian Judiciary Judicial

Interpreting the Places of Worship Act, 1991

Interpreting the Places of Worship Act, 1991 The Places of Worship (Special Provisions) Act, 1991 is at the center of ongoing legal challenges, particularly highlighted by the Shahi Jama Masjid dispute in Sambhal, Uttar Pradesh. The dispute revolves around the historical and religious status of the Shahi Jama Masjid, a 16th-century mosque, and whether its religious character can be changed base

Waqf (Amendment) Bill, 2024

The Waqf (Amendment) Bill, 2024, aims to amend the Waqf Act of 1995 and has been referred to a Joint Committee of Parliament (JCP) amidst criticism from opposition parties who label it as “unconstitutional,” “anti-minority,” and “divisive.” Understanding Waqf Waqf refers to a property dedicated to God for religious and charitable purposes, enabling Muslims

Legislative Impact Assessment (LIA)

Why in the News? A recent Supreme Court ruling called for a comprehensive statutory audit of the Maharashtra Slum Areas Act, highlighting systemic issues in its implementation, such as land identification and accommodation for displaced slum dwellers. The Court emphasized that reviewing laws is essential for upholding the Rule of Law and called for Legislative Impact Assessment (LIA) as a syste

Sub-Classification of SC/STs

Recent Judgment In a significant ruling (State of Punjab v. Davinder Singh), the Supreme Court of India, through a seven-judge bench, has allowed states to create sub-classifications within Scheduled Castes (SC) and Scheduled Tribes (ST) categories. This decision aims to provide better protections and targeted benefits to the most backward communities within these categories via fixed sub-quota

Karnataka’s Domicile Quota in Jobs Bill

Overview of the Bill Bill Name: Karnataka State Employment of Local Candidates in the Industries, Factories, and Other Establishments Bill, 2024. Key Provisions: Local Candidate Definition: Individuals born in Karnataka or residing in the state for at least 15 years and proficient in Kannada. Quota Requirements: Management Categories: 50% of positions must be filled by local candidat

Expunction Powers in Parliament

The recent expunction of remarks made by opposition leaders in both the Rajya Sabha and Lok Sabha has stirred significant debate and controversy. Expunction Powers in Parliament 1. Definition and Purpose: Expunction refers to the removal or cancellation of certain remarks or statements from the official records of Parliament. These records, known as the "Hansard," serve as the

Lok Adalats

Lok Adalats in India are a significant part of the country's legal framework, designed to facilitate the amicable settlement of disputes outside the conventional court system. Overview of Lok Adalats Purpose: Lok Adalats aim to resolve disputes in a less formal, quicker, and more cost-effective manner compared to traditional court proceedings. Legal Framework: Established under the

Cabinet Committee on Security

The Cabinet Committee on Security (CCS) is a key body in the Indian government responsible for making critical decisions on matters related to national security and defense. Here's a concise overview based on your details: About the Cabinet Committee on Security (CCS) Headed by: Prime Minister Narendra Modi Members: Union Ministers of Home Affairs Defence Finance Fore

Bilkis Bano case

Context: The Supreme Court has struck down the Gujarat government’s remission orders that allowed the early release of 11 men convicted in the Bilkis Bano gangrape case of 2002. A Bench of Justices B V Nagarathna and Ujjal Bhuyan on Monday (January 8) said the Gujarat government’s August 10, 2022 decision to remit the convicts’ sentences was “illegal”. Ba

NEEDED REFORMS TO SPECIAL AND LOCAL LAWS

Why in the News? The bills proposing reforms criminal laws such as Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and Indian Evidence Act (IEA) have been tabled in the Parliament. But the proposed bills do not suggest any reforms in critical offences and procedures that are encompassed within the Special and Local Laws (SLLs). Special and Local Laws (SLLs): Nearly,

THE NATIONAL COMPANY LAW TRIBUNAL (NCLT)

NCLT has been constituted by the central govt. under section 408 of the Companies Act, 2013. The body was established based on the recommendation of the V. Balakrishna Eradi committee on law relating to the insolvency and the winding up of companies It is a quasi-judicial body that adjudicates issues relating to Indian companies. The body deals with all proceedings under th

TRANSFER OF HIGH COURT JUDGES

The Supreme Court (SC) collegium has recommended transfer of 24 judges across various High courts in spite of requests for reconsideration of the move. Article 222 of the Constitution: Deals with transfer of a Judge (including Chief Justice) from one High Court to any other High Court. The proposal for transfer of a High Court Judge originates from the Chief Justice of India, who have a

Curative petition

What is Curative petition It acts the last resort for a petitioner for protection from the compensation of injustice in the court after the review petition is dismissed or has been exhausted. It is a judicial innovation by the Supreme Court of India in Rupa Ashok Hurra vs. Ashok Hurra and Anr. (2002) case. Such petitions are considered to cure gross miscarriage of just

Concerns about govt.’s fact check unit

Concerns about govt.’s fact check unit     Why in the News? Recently, the Bombay High Court has reserved its verdict relating to challenging of the constitutionality of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (IT Rules). IT Rules, 2023: The Rules permit a Fact Check Unit (FCU) of the

Use of Draconian laws & Law Enforcement agencies

Use of Draconian laws & Law Enforcement agencies     Why in the News? Recently, a media outlet called NewsClick has been booked under UAPA, the anti-terror law for allegations of receiving funds from organisation which are is an arm of the Chinese propaganda machinery.  Considerations for the use of draconian law by the enforcement agencies: The

The triumph of Vachathi over a hostile state

The triumph of Vachathi over a hostile state     Why in the News? The Madras High Court’s judgment recently upheld the human rights of the people of Vachathi in Tamil Nadu by recognising that coordinated and large-scale repression by uniformed forces cannot take place without orders from the top levels of the government. What was the issue? Vachath

Criminal law Bills and a hollow decolonisation

Criminal law Bills and a hollow decolonisation   Why in the News? Three criminal law Bills were introduced in the Parliament in 2022, after an earlier attempt of setting up the Committee for Reforms in Criminal Law in 2020. Colonisation: It is a process of oppression where the colonised become vehicles for the supreme colonial power to fulfil its desires. The colon

Counting deaths in India’s prisons

Counting deaths in India’s prisons Why in the News? As per the Supreme Court Committee on Prison Reforms, suicide was found to be the leading cause of ‘unnatural’ deaths (deaths other than ageing or illnesses) among Indian prisoners. Uttar Pradesh recorded the highest number of suicides between 2017 and 2021. The no. of custodial deaths has seen a steady rise since

Animals’ rights to Live without fear

Why in the News? The Madras High Court has ordered relocation of 495 families of Thengumarahada village within the eastern boundary of the Mudumalai Tiger Reserve (MTR) draw special attention to the right of animals to live free from fear and distress.   News in Detail: The court ordered the total compensation amount of ₹74.25 crore be released from the Compensatory Afforesta

New Bills for holistic revamp of Criminal laws

Why in the news? Three new bills have been introduced in the Lok Sabha seeking to replace the colonial era laws – the Indian Penal Code, Criminal Code of Procedure and the Indian Evidence Act.   News in Detail: An Expert committee was formed in May 2020 to undertake public consultations and make recommendations to the Government regarding the reform of criminal laws in In

Transfer of High court judges

The Supreme Court (SC) collegium has recommended transfer of 24 judges across various High courts in spite of requests for reconsideration of the move. Article 222 of the Constitution: Deals with transfer of a Judge (including Chief Justice) from one High Court to any other High Court. The proposal for transfer of a High Court Judge originates from the Chief

Higher judiciary suffers from Diversity-deficit

Higher judiciary suffers from Diversity-deficit Why in the news? A Parliamentary committee report has reported that the higher judiciary suffers from diversity deficit as the representation of SCs, STs, OBCs, women and minorities are below the desired levels. Observations of the Parliamentary Committee report: A declining trend has been observed in the rep

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