THE GO FIRST INSOLVENCY AND THE CAPE TOWN CONVENTION: HAS INDIA FINALLY RESOLVED THE LESSORS’ REPOSSESSION NIGHTMARE?
The voluntary insolvency of Go First (India) Ltd. in May 2023, again illustrated the ongoing struggle between India’s insolvency moratorium policy and aircraft lessor rights. This struggle was the result of the National Company Law Tribunal (NCLT) accepting Go First’s petition and instituting a moratorium. A multitude of aircraft lessors were suddenly denied the right […]
ARBITRATION CLAUSES IN COMMERCIAL CONTRACTS: THE SHIFT FROM PROCEDURAL AFTERTHOUGHT TO DISPOSITIVE PRIORITY
This article examines how arbitration clauses in Indian commercial contracts have ceased to be the boilerplate afterthoughts they once were and have instead become among the most consequential provisions that parties to any significant agreement will ever sign. Drawing on the statutory evolution from the Arbitration Act, 1940 through the 1996 Act and its amendment […]
Legal Aspects of Online Defamation in India
The exponential growth of the internet and social media platforms has transformed the way individuals communicate, express opinions, and access information. While this digital revolution has strengthened freedom of speech and democratic participation, it has also created new avenues for abuse, particularly in the form of online defamation. Statements once confined to private conversations can […]
Judicial Overreach v. Constitutional Necessity: The Rise and Fall of Deemed Assent
The doctrine of “deemed assent” emerged in Indian constitutional discourse as a judicially contemplated response to prolonged executive inaction, particularly in relation to the Governor’s failure to grant or withhold assent to State legislation under Article 200 of the Constitution of India. Conceived as a mechanism to prevent democratic paralysis and protect legislative supremacy, the […]
State of Tamil Nadu v. Governor of Tamil Nadu
The case of State of Tamil Nadu v. Governor of Tamil Nadu brings to the forefront critical questions concerning the constitutional position of the Governor in India. The dispute highlights the tension between an elected State Government and a constitutional head appointed by the Union, particularly in matters relating to assent to Bills and administrative […]
INSTITUTIONAL ARBITRATION IN INDIA: GAPS, INTERNATIONAL JURISPRUDENCE AND REFORM DIRECTIONS
Institutional arbitration is widely regarded as the preferred mode of resolving complex commercial disputes, yet arbitration in India remains dominated by ad hoc proceedings that depend heavily on the courts. This article examines why, despite successive reforms to the Arbitration and Conciliation Act 1996, institutional arbitration remains underutilised in domestic practice. It analyses three dimensions: […]
Juvenile Delinquency and Drug Abuse: Causes, Consequences and Legal Responses
The problem of juvenile delinquency and drug abuse is one of the most intractable issues to face modern criminal justice systems, and is on the cusp of meeting four disciplines: criminology, adolescent psychology, public health, and child rights jurisprudence. This paper will examine the family, socioeconomic, psychological, and environmental factors that may put youth at […]
Ablation as Abatement? Space-Debris Mitigation, Middle-Atmosphere Emissions and the Trigger Problem in Atmospheric Law
Between roughly 12 and 85 kilometres above the Earth, rocket launches and the controlled re-entry of satellites and rocket bodies are introducing black carbon, alumina, chlorine species, nitrogen oxides and ablation metals into the stratosphere and mesosphere. Scientific assessments identify these inputs as an emerging threat to ozone and radiative balance, yet no treaty regulates […]
Can an Algorithm Be a Lawful Manager? Delegated Judgment, Non-Delegable Responsibility in Indian Employment Law
When an employer lets an algorithmic system score, rank or flag workers for decisions that affect their livelihoods, existing legal categories struggle to say who must answer for the result. This article argues that Indian law already contains the resources needed to answer that question, even though no statute or judgment has yet confronted it […]
The Institution and the Quota. Caste, Accountability, and the Student Deaths of 2014 to 2026, Read Against a Global Constitutional Record
This article examines how constitutionally funded institutions of higher education respond when a family alleges that caste determines the treatment of a student inside a publicly funded campus. Taking the September 2026 death of Sahil Wakode at IIT Bombay as its occasion rather than its subject, the article applies Ambedkar’s concept of constitutional morality to […]