Surrogacy (Regulation) Bill 2019: A Regressive Move on the Verge of Becoming a Reality

In this post, the authors discuss the Surrogacy (Regulation) Bill 2019 and highlight the various perspectives the bill fails to take into account and the implications of its prejudiced outlook. From how certain medical phenomena remain unengaged with, to the failure to recognise the state of the ground reality of society, this piece is an expansive overview of what lacks in the bill and what could have been better.
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Stepmotherly Treatment Given to Commercial Speech under Article 19(1): A Critical Analysis of the Existing Hierarchy

In this post, the author attempts to criticise the little protection granted to commercial speech, argues that the distinction made between commercial speech and non-commercial speech in court decisions is based on absurd grounds and appeals to grant equal protection to such speech as a fundamental right. Continue reading Stepmotherly Treatment Given to Commercial Speech under Article 19(1): A Critical Analysis of the Existing Hierarchy

Interpreting Regulation 23(1)(c) of the Takeover Code: Applicability of the Principle of Impossibility

In this post, the author points out the conundrum regarding the application of the principle of “impossibility to perform an open offer” in Regulation 23(1)(c) of the SEBI (Substantial Acquisition of Shares and Takeovers) Regulation, 2011 as a requirement to grant a withdrawal of the takeover offer. The author further tries to strike a balance between the narrow and the wide interpretation of the Regulation. Continue reading Interpreting Regulation 23(1)(c) of the Takeover Code: Applicability of the Principle of Impossibility

Disruption of Supply Chains due to COVID-19 – Can a Virus Give You an Excuse for the Delayed Performance of a Contract?

In this post, the author subjects to scrutiny the way in which the Indian legal system is dealing with the outbreak of the COVID-19 pandemic and using it as a focal point, explores the concepts of the impossibility to perform a contract as opposed to the non-performance of a contract based on contingent events. Further, an analysis into whether or not the pandemic should get classified as a Force Majeure under Indian law is also provided while also drawing parallels with China, the epicenter of the crisis. Continue reading Disruption of Supply Chains due to COVID-19 – Can a Virus Give You an Excuse for the Delayed Performance of a Contract?

Anti-doping Law: The Quagmire of Enforcing WADA Norms in India

In this article, the authors analyse the measures that have been taken at the international level to deal with doping in sports. Along with it, they present a critical analysis of NADA as it has adopted the standards of WADA without making any changes with regard to the Indian context. Continue reading Anti-doping Law: The Quagmire of Enforcing WADA Norms in India

National Policy for Treatment of Rare Diseases: A Critical Analysis of Recent Developments

In this post, the author presents a critical analysis of the recently drafted National Policy for Treatment of Rare Diseases, 2020, through arguments in support of the policy by mentioning what relief it provides and against the same by identifying gaps which remain to be filled. Continue reading National Policy for Treatment of Rare Diseases: A Critical Analysis of Recent Developments

Are the Indian Courts Still Following the Constitutional Principle of Dualism? Not Quite So

In this post, the author examines how the recent trend adopted by the Supreme Court is going against the constitutional principle of dualism and separation of power. The article provides a comparative analysis of the situation prevalent in developed nations like the UK and the USA. Continue reading Are the Indian Courts Still Following the Constitutional Principle of Dualism? Not Quite So

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