India: Constitutional & Administrative Law

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Article
Human Primacy In The Age Of Algorithms – The Supreme Court’s Draft AI Regulations For Courts, 2026
India's Supreme Court has released draft regulations governing the use of artificial intelligence in courts, establishing a framework that balances technological innovation with human judicial authority. The proposed rules mandate human oversight of all AI outputs while prohibiting algorithmic decision-making in sentencing, bail risk assessment, and credibility profiling. Will this framework successfully modernize an overburdened judicial system while preserving the primacy of human judgment?
India Strategy
IL
IndiaLaw LLP
Article
High Court Of Delhi Holds That Writ Jurisdiction Cannot Be Invoked To Bypass Statutory Remedies
The High Court of Delhi, through its judgment dated 17.06.2026 in Anuj Goyal v. National Company Law Tribunal, New Delhi & Ors. , dismissed a writ petition by holding that High Courts ought to ordinarily refrain from invoking their extraordinary jurisdiction under Articles 226 and 227 of the Constitution, where proceedings are pending before the competent tribunal.
India Litigation
Sagus Legal
Article
High Court Of Delhi Holds That Reasonable And Limited Restriction Does Not Violate Article 14 Or 19 Of The Constitution
The High Court of Delhi, through its judgment dated 19.06.2026 in M/s EG Communications Pvt. Ltd. & Ors. v. Election Commission of India & Ors. , dismissed a challenge to the directions prohibiting political advertisements at Delhi Metro stations during the operation of the Model Code of Conduct (“MCC”) on the ground that it is not violative of Articles 14 and 19 of the Constitution of India, 1949 (“Constitution”).
India Government
Sagus Legal
Article
High Court Of Delhi Held That There Is No Mandatory Requirement Of Filing An Application Seeking Liberty To File A Replication Under Order VIII Rule 9 Of CPC Where It Is Necessary To Respond To New Pleas Raised In The Written Statement
The High Court of Delhi, through its judgment dated 15.06.2026 in Sunita v. Bajinder Kumar , dismissed a petition challenging the Trial Court’s order permitting inter alia the filing of a replication under Order VIII Rule 9 of the CPC, holding that leave to file a replication may be granted where it is necessary for effective adjudication of issues.
India Litigation
Sagus Legal
Article
Autonomy Over Oversight: Why Independent Cooperative Societies Are Not “State” Under Article 12 And Why Their Elections Fall Outside Writ Jurisdiction
The intersection of cooperative society governance, constitutional law, and writ jurisdiction has been a subject of enduring judicial discourse in India. A recurring question before courts is whether cooperative societies — particularly those that operate independently of Government control — can be classified as “State” under Article 12 of the Constitution of India, thereby subjecting their actions to judicial review under Articles 32 and 226.
India Government
KS
King, Stubb & Kasiva
Article
Supreme Court Clarifies Arrest In Private Complaint Cases: Why Police Cannot Arrest Without A Magistrate’s Non-Bailable Warrant
Can the police arrest an accused merely because a private criminal complaint has been filed before a Magistrate? Is anticipatory bail necessary after receiving summons in a complaint case? These questions have long created uncertainty among litigants and legal practitioners, particularly in jurisdictions where anticipatory bail applications became routine immediately after the institution of complaint proceedings.
India Criminal
KS
King, Stubb & Kasiva
Article
Airport Privatisation, PPP Frameworks, And The Legal Rights Of Airlines And Passenger At Private Airports
India's airport privatisation operates through Public-Private Partnership frameworks where the Airports Authority of India retains ownership while granting long-term operational rights to private concessionaires. This comprehensive analysis examines the legal architecture governing these arrangements, including the regulatory role of AERA in tariff determination, the distinction between aeronautical and non-aeronautical services, and the allocation of responsibilities between airport operators and airlines
India Government
MC
MAHESHWARI & CO. Advocates & Legal Consultants
Article
Special Intensive Revision Of Electoral Rolls By The Election Commission: Constitutional Framework And Administrative Implementation Priorities
Following the Supreme Court’s May 2026 judgment upholding the Special Intensive Revision of electoral rolls, this article analyses the constitutional basis under Article 324 and provides practical implementation priorities for Chief Electoral Officers, District Election Officers, and state election machinery to ensure accurate, inclusive, and legally compliant revision of electoral rolls.
India Government
Ka
Khurana and Khurana
Article
Section 223 BNSS Applies Even To Pre-BNSS PMLA Complaints Where Cognizance Is Taken Post-BNSS; Hearing Before Taking Cognizance Mandatory: Supreme Court
In Parvinder Singh vs. Directorate of Enforcement, 2026 INSC 519, the Supreme Court delivered an important ruling clarifying the scope and effect of the first proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), holding that an accused must be afforded an opportunity of hearing before cognizance is taken on a complaint and that non-compliance with such requirement renders the proceedings void ab initio even in money laundering matters.
India Government
VA
Vaish Associates Advocates
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