India: Constitutional & Administrative Law

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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
Delhi High Court Holds Delhi Is The Arbitral Seat Despite Exclusive Jurisdiction Clause In Favour Of Indore Courts
In VE Commercial Vehicles Limited vs. Singh Enterprises1, the Delhi High Court dealt with a petition under Sections 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996 (the "Arbitration Act") seeking constitution of an arbitral tribunal under a dealership agreement. The High Court held that a contractual stipulation that the place of arbitration "shall always be at Delhi" designated Delhi as the juridical seat, notwithstanding a separate clause conferring exclusive jurisdiction upon the Courts at Indore, since that clause was expressly made subject to the arbitration clause.
India Litigation
Trinity Chambers
Article
Building The Consent Layer: Consent Managers Under The DPDP Rules, 2025
Every time a person clicks “I agree” on a website, downloads an app or opens a bank account, a separate act of consent may be given to an organisation processing that person’s personal data. Until recently, there has been no mechanism under Indian law through which an individual could manage, in one place, the consents given to different organisations, including reviewing and withdrawing those consents.
India Privacy
KS
King, Stubb & Kasiva
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
Property Cannot Be Attached Mechanically Under Section 107 BNSS; Notice, Hearing And 'Reason To Believe' Are Mandatory: Calcutta High Court
In Puja Hari v. State of West Bengal & Anr., 2026:CHC-AS:897 and Piyush Sharma v. State of West Bengal & Anr., CRR 4389 of 2025, the Calcutta High Court delivered two significant judgments explaining the scope and safeguards governing attachment of property under Section 107 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS").
India Litigation
VA
Vaish Associates Advocates
Article
Notification Of Section 3(1) And Section 3(6) Of Telecommunications Act, 2023, And Operative Rule
India's telecommunications sector undergoes a fundamental regulatory transformation as the Department of Telecommunications replaces the decades-old unified license framework with a streamlined authorisation-based system. The new regime introduces separate rule frameworks for principal, miscellaneous, and captive telecommunication services while establishing a digital single-window platform for regulatory interactions. Existing license holders now face critical decisions about migrating to the new authorisa
India Media & IT
AP
AZB & Partners
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
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
Telegram Ban In India – The Rise Of Digital Sovereignty
The Delhi High Court's landmark ruling in Telegram FZ LLC v. Union of India addresses whether Section 69A of the IT Act permits the government to block an entire platform rather than specific content. Following the NEET-UG 2026 paper leak scandal, where fraudulent channels circulated fake exam papers affecting millions of aspirants, the court upheld the Centre's power to impose a platform-wide ban on Telegram, sparking intense debate about the boundaries between examination integrity and digital censorship.
India Media & IT
HS
Hammurabi & Solomon
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