India: Constitutional & Administrative Law

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Article
Distinguishing 'Conscious Possession' From Mere Presence Under NDPS Act: A Shifting Judicial Approach
The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) is among the most stringent criminal statutes in India, aiming to curb the menace of drug trafficking and substance abuse. One of the most debated legal concepts under this Act is the idea of "possession" particularly the distinction between "conscious possession" and "mere presence" near narcotic substances.
India Healthcare
ML
MZM Legal
Article
Tribunal Reforms And Judicial Independence: The Unending Constitutional Tug-Of War Between The Judiciary And The Executive
India’s tribunal system was conceived as a response to the limits of the ordinary judiciary: chronic arrears, increasing regulatory complexity and the need for specialised fora to adjudicate technical disputes. Over time, however, tribunals have ceased to be merely supplemental institutions and, in several sectors, have come to replace constitutional courts as the primary fora for administrative, corporate and economic adjudication.
India Government
ML
MZM Legal
Article
Supreme Court Affirms Validity Of Section 16(2)(c): ITC Is Admissible Only Where The Supplier Has Actually Remitted Tax To The Government, Provision Held Neither Arbitrary Nor Unconstitutional
A batch of writ petitions led by Maruti Enterprise challenged the constitutional validity of Section 16(2)(c) of the CGST Act, 2017 before the Hon’ble Gujarat High Court. The petitioners had been denied Input Tax Credit ("ITC") in cases where the supplier had failed to deposit the GST collected from them with the Government, despite the purchasers having paid the full invoice value including GST and having undertaken bona fide transactions.
India Tax
AC
Aurtus Consulting LLP
Article
The Internet Never Forgets: De-Indexing As A Way To Uphold Right To Be Forgotten
The Delhi High Court has reaffirmed that India's Right to Be Forgotten forms an integral part of the Right to Privacy under Article 21, providing practical guidance on how individuals can seek de-indexing of outdated search engine results. This landmark judgment addresses the growing tension between digital memory and personal dignity, establishing a framework for balancing privacy rights against public interest in the age of permanent online records.
India Privacy
MC
MAHESHWARI & CO. Advocates & Legal Consultants
Article
Comedy, Controversy And The Constitution: Free Speech Limits In India’s Digital Entertainment Era
India's stand-up comedy ecosystem has evolved into a significant form of cultural and political expression, but recent controversies involving comedians and digital creators have raised complex constitutional questions. How does the fundamental right to free speech under Article 19(1)(a) balance against legitimate restrictions under Article 19(2), and when does provocative humour cross the line from protected expression to legally actionable content?
India Government
IL
IndiaLaw LLP
Article
Institutional Independence In Aircraft Accident Investigations
The Aircraft Accident Investigation Bureau operates under India's Ministry of Civil Aviation, but questions arise about whether its institutional framework provides sufficient separation from the regulatory authority it may need to scrutinize. This analysis examines the 2025 Rules governing aircraft accident investigations and compares India's approach with international models that structurally separate investigators from regulators.
Worldwide Transport
MC
MAHESHWARI & CO. Advocates & Legal Consultants
Article
The Law Of Informational Privacy And The Right To Be Forgotten
The digital age has transformed how personal information persists online, creating lasting associations between individuals and past events that would have once faded from public memory. When judicial records, news articles, and other content remain permanently searchable, they can continue to affect lives long after cases are resolved or circumstances have changed. This raises fundamental questions about whether Indian constitutional law recognizes a right to be forgotten and how courts should balance indi
Worldwide Privacy
HS
Hammurabi & Solomon
Article
Rajasthan HC Holds That Limitation Under Section 107 Of CGST Act Is An Absolute Bar Only For Appellate Authorities, Not For High Court’s Writ Jurisdiction
The Petitioner was a registered taxable person under the GST regime, whose GST registration was cancelled vide Order-in-Original dated 27.01.2023. Upon such cancellation, the Petitioner initially decided to discontinue its business and, accordingly, did not prefer an appeal against the said order within the prescribed statutory period under Section 107 of the CGST Act.
India Tax
AC
Aurtus Consulting LLP
Article
Compulsory Acquisition Under Article 300A: The Seven-Test Framework
The Supreme Court's decision in Kolkata Municipal Corporation v. Bimal Kumar Shah marks a significant development in Article 300A jurisprudence. While upholding the concurrent findings of the Single Judge and the Division Bench of the Calcutta High Court, the Supreme Court identified seven constitutional requirements for a valid compulsory acquisition of immovable property. The ruling reaffirms that, although the right to property is no longer a fundamental right after the 44th Constitutional Amendment, it remains constitutionally protected under Article 300A against arbitrary deprivation by the State.
India Litigation
SA
Shardul Amarchand Mangaldas & Co
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
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