Understanding India’s Legal Framework for Foreign Direct Investment
This blog revisits the legal framework governing Foreign Direct Investment (FDI) in India to formulate an overview. It begins by distinguishing between FDI and FPI. Afterwards, it describes the legal framework regulating foreign investment, which fundamentally includes the Foreign Exchange Management Act, 1999, the Foreign Exchange Management (Non-Debt Instruments) Rules, 2019, the Consolidated FDI Policy, […]
Legal Framework Governing Refugee Protection in India: Existing Mechanisms and Challenges
This article examines the legal framework governing refugee protection in India in the absence of a dedicated domestic refugee law. The article begins by analysing India’s obligations under international refugee and human rights law along with the constitutional, statutory, judicial, and institutional mechanisms that are currently available to refugees. It argues that even though these […]
FROM SHANKARI PRASAD TO KESAVANANDA BHARTI: TRACING THE EVOLUTION OF BASIC STRUCTURE DOCTRINE
This paper traces the judicial development and evolution of the Basic Structure Doctrine in India. The paper observes the judgements of the landmark cases such as Shankari Parasad v Union of India, Sajjan Singh v State of Rajasthan, Golaknath and concludes with the case of Keshvananda Bharti v State of Kerala. The paper does a […]
CASE COMMENTARY ON BODHISATTWA GAUTAM V. SUBHRA CHAKRABORTY
The following is a case commentary on Bodhisattwa Gautam v. Subhra Chakraborty. This is a landmark judgement as in this case the Hon’ble Supreme Court stated that if the court trying an offence of rape has jurisdiction to award the compensation at the final stage, there is no reason to deny to the court the […]
THE NATIONAL HUMAN RIGHTS COMMISSION
The given article talks about the National Human Rights Commission. The article traces the history, role, important pronouncements and critically compares the National Human Rights Commission to the corresponding Canadian counterpart. A comparison between the Paris Principles and the governing principles of the NHRC has also been drawn. The article goes on to describe the […]
FROM AK GOPALAN TO MANEKA GANDHI: THE EVOLUTION OF PERSONAL LIBERTY
The given paper traces the evolution of the term personal liberty from 1950 to 1977. The literal interpretation drawn in A.K. Gopalan v State of Madras is discussed elaborately listing the merits and demerits of the said judgement. The article briefly examines RC Cooper v. Union of India and discusses the relationship between Article 19, […]
Reforms in the Indian Criminal Justice System
India’s criminal justice system underwent its most significant transformation since independence when the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam replaced the colonial-era Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act from 1 July 2024. This paper examines the background and key provisions of the new codes — […]
Case Commentary on: Anuradha Bhasin vs. Union of India
This commentary analyses the Supreme Court’s landmark 2020 judgment in Anuradha Bhasin v. Union of India, which arose from the prolonged internet shutdown imposed in Jammu and Kashmir following the abrogation of Article 370. The Court held that the right to internet access is an integral part of the fundamental rights under Articles 19(1)(a) and […]
Digital Arrest Scams: What Does the Law Say?
“Digital arrest” scams have emerged as one of India’s fastest-growing forms of cyber fraud, exploiting fear rather than technical hacking to extort victims through fake calls claiming law enforcement authority. This article clarifies that “digital arrest” has no legal basis in Indian law, and examines which existing provisions — under the Bharatiya Nyaya Sanhita, 2023 […]
Cyberbullying: Can the Law Keep Up?
Cyberbullying has become a widespread and often fatal form of online harm in India, ranging from trolling and morphed images to doxxing and non-consensual sharing of private content. This piece examines India’s existing legal framework — primarily the Information Technology Act, 2000 and provisions under the Bharatiya Nyaya Sanhita, 2023 — to assess whether current […]