Right to Reservation: Should it Really be at State’s Discretion?

In this post, Gunjan Shrivastav and Jay Bhaskar Sharma discuss the various implications of the recent apex court judgment which has gone on to establish that the State Government is in no way bound to provide quantifiable data to justify not providing reservation. It discusses the various facets of law and explores how the decision may be both constitutionally invalid and detrimental from a public policy perspective.
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Treading in Shallow Waters: The Contentious Standard of Proof in International Adjudication

In this post, Manvendra Singh Jadon attempts to exact the essentials of the standard of proof adopted in international adjudication by referring to the views taken in various cases of international disputes and appeals for a universal principle to be employed by courts determining the same. Continue reading Treading in Shallow Waters: The Contentious Standard of Proof in International Adjudication

Unravelling Section 12 A of the Commercial Courts Act, 2015

In this blogpost Purbasha Panda discusses the various changes that have been brought about by the amendment and addition of Section 12 A to the Commercial Courts Act of 2015 and analyses how the mandatory requirement of pre-institution mediation affects the parties involved and the need of confidentiality in mediation. Continue reading Unravelling Section 12 A of the Commercial Courts Act, 2015

Social Media Influencers and the Law: Observations after Marico Limited v. Abhijeet Bhansali

In this post, Karan Kamath applauds the judgment of the Bombay High Court in Marico Limited v. Abhijeet Bhansali by arguing that influence marketing is nothing but a veiled attempt to mislead the audience and augments his opinion by citing relevant cases and provisions of the Indian law. Continue reading Social Media Influencers and the Law: Observations after Marico Limited v. Abhijeet Bhansali

Call for Blogs: Blog Symposium 1.0: Building a Healthy Mechanism for Countering Law and Order Problems in India (March 15, 2020)

INTRODUCTION Since the introduction of the Citizenship Amendment Bill in the Parliament in December 2019, thousands of people around the country have taken to the streets to voice their concerns against its introduction. The same has been met with a ruthless crackdown by the State. Various states have either arrested the protestors or imposed prohibitory orders under Section 144 of the Code of Criminal Procedure … Continue reading Call for Blogs: Blog Symposium 1.0: Building a Healthy Mechanism for Countering Law and Order Problems in India (March 15, 2020)

Baba Ramdev v. Facebook, Inc.: Setting a Wrong Precedent on Global De-Referencing

In this post, Harsh Dhiraj Singh attempts to critically analyse the judgment in Swami Ramdev v. Facebook, Inc. in light of the principle of comity of courts, lays down its ramifications and proposes the way courts should opt while dealing with situations where balancing of rights is needed. Continue reading Baba Ramdev v. Facebook, Inc.: Setting a Wrong Precedent on Global De-Referencing

Ban on Sex-Reassignment Surgery on Intersex Children: Resolving the Conflict Between Parental Consent and the Doctrine of Parens Patriae

In this post, Merrin Muhammed Ashraf throws light on the Tamil Nadu Government’s Order which banned sex-reassignment surgery on intersex children. With the help of jurisprudence of UN Convention on Rights of Child and the US Courts, Merin argues in favour of the ban. Continue reading Ban on Sex-Reassignment Surgery on Intersex Children: Resolving the Conflict Between Parental Consent and the Doctrine of Parens Patriae

Are Data Protectionist Measures Trade/Investment Barriers?

In this post, Priyadarsini seeks to explore the extent up to which the actions of State in the name of “data protection” can go against the ease to trade or investment with the help of several case laws and the GATS treaty. She, further, explains the situation prevailing in different parts of the world and identifies the loophole against which the law needs to be revised. Continue reading Are Data Protectionist Measures Trade/Investment Barriers?