Transparency Concerns Loom Over High Court Judges Transfers, Collegium Process Under Scrutiny

The process by which judges are transferred between High Courts in India, governed largely by the Supreme Court collegium's recommendations, continues to face questions regarding its transparency and accountability. A recent application filed under the Right to Information (RTI) Act by the authori highlights the public's growing interest in understanding the policies and specific reasons...

Presidential Reference-Much Ado About Nothing

A Presidential Reference under Art 143 is nothing unusual. The Constitution provides for it. There have been fourteen such references so far. What is, however, quite intriguing and disturbing is the context and background of the latest reference on May 13, 2025 and questions on which the Court's opinion is sought. Fourteen questions have been referred. The answers to many of them are obvious...

A Legal Cheshire Cat Named 'Honorable Acquittal'

The concept of 'honorable acquittal' must be incorporated into the substantive and procedural statutes of criminal law to elevate the ideal of a fair trial from a hollow promise to a tangible realityOn 9th May this year, the Supreme Court of India in Renuka Prasad v. The State represented by Assistant Superintendent of Police (2025 LiveLaw (SC) 559) acquitted six individuals accused of...

Bar Before Bench: Mandating Practice Of 3 Years As Advocate To Enter Lower Judiciary In India-How Far Justified?

As Sir Jerome Frank in the book "Law and the Modern Mind" has stated –“certainty of law is a myth”, the law pertaining to entry into the entry-level judicial services in the country is about to change. All hail the brilliant theory of realism! The Hon'ble Supreme Court in the recent and landmark case of All India Judges Association and Ors. v. Union of India and Ors (2025) has mandated...

Legal Landscape Of Cosmetic And Reconstructive Surgeries

The field of cosmetic surgery occupies a unique and increasingly contested space within modern medicine. While traditionally, medical practice has been understood as the science of diagnosing, treating, and preventing disease, cosmetic procedures challenge this premise by often focusing on aesthetic enhancement rather than health restoration. This divergence has led to significant...

Right To Cool And Its Implications On Indian Workforce: A Statutory Gap

The increase in global temperatures represents one of the most pressing challenges of the 21st century. As the season of summer is gearing up, the temperature in some parts of India, particularly northern India is notching up to 35-40 degrees Celsius; it would not be taken as a surprise if it were to breach the level of 50-55 degrees Celsius at around May and mid-June. The Indian...

Testimony of An Accomplice – Any Shift in the BSA?

An “accomplice" is an associate or partner in a crime.1 The expression "accomplice" is not defined in the Indian Evidence Act or in the Bharatiya Sakshya Adhiniyam (for short 'the BSA'). However, it is accepted that the word “accomplice" is used in its ordinary sense in the statutes. The evidence of an accomplice is usually admitted on the ground necessity, it being...

A Step In Regression: Stamp Duty On Arbitral Awards In Maharashtra

Stamp duty is a tax on legal instruments, intended to validate documents and generate revenue for the state. Though it is a legitimate source of revenue for a state, overdoing or overcharging on one head has historically shown that such move affects adversely the relevant transactions and ultimately leads to loss for the state from such overcharged transaction or head. In India, stamp duty...

Jan Vishwas Act, 2023 & IP Law: A Shift From Punishment To Proportion

The Jan Vishwas (Amendment of Provisions) Act, 2023, brought significant changes to the arena of Intellectual Property and its related legislation and framework. It came into effect on August 1, 2024, intending to decriminalize certain offenses under IP statutes that are punishable by hefty fines and rigorous sentences, even though they are minor offenses. It is always a point of contention...

A Plea For Reform - Court: State Vs A Nobody (A Film Review)

A girl who has finished her Class 12, but is a minor. A boy slightly older - an adult, who has dropped out of school. They become acquainted through a friend, the girl makes the first move, calling him. They talk on the phone, then again. A new, captivating feeling blossoms between them. Unbeknownst to the girl's family, she and the boy begin to connect deeply, eagerly anticipating each...

Ambushing Tenets Of Constitutionalism: Contemptuous Disregard For Supreme Court's Orders

The Indian democracy is built on the tenets and sacred principles of constitutionalism that mirrors democratic propositions, fundamental postulates of rule of law, and the renowned jurisprudential philosophy of constitutional obedience. The courts are accorded the constitutional status, because they are entailed to perform the most indispensable and important function of a democracy. To...

Concise, Clear, and Compelling, Justice Oka's Judgments Defined Judicial Brevity

Calm, clear-headed, and deeply committed, Justice Abhay Shreeniwas Oka distinguished himself through his discipline, clarity, and unwavering dedication to delivering timely and meaningful justice. Demitting office as a Supreme Court Judge, he leaves behind a legacy marked by a remarkable judicial career shining as one of the brightest stars in the Supreme Court's constellation of...