Constitutional Law

On 17 March 2026, the Supreme Court of India delivered a decisive judgment striking down a discriminatory provision of the Social Security Code 2020, declaring that adoptive mothers are entitled to maternity benefits on equal terms with biological mothers. The impugned provision, Section 60(4) of the Social Security Code, had restricted maternity benefits for adoptive mothers only when the adopted child was under three months old at the time of adoption. The Supreme Court hel

On 11 March 2026, the Supreme Court of India delivered a landmark judgment in Harish Rana v. Union of India that reaffirms and expands the constitutional right to die with dignity. The case involved a young man who had been in a permanent vegetative state since suffering a severe fall in 2013. The Court's decision to permit the withdrawal of life-sustaining medical treatment represents a profound recognition that the constitutional right to life under Article 21 encompasses,

The Supreme Court of India has clarified the law on pre-award interest in domestic arbitration proceedings, holding that an arbitral tribunal cannot award pendente lite interest where the contract between the parties expressly excludes or restricts it. In Union of India v. Larsen and Toubro Ltd., the Court examined a long-running dispute over a government infrastructure contract that contained an explicit clause restricting the contractor's right to claim interest on disputed

The Supreme Court of India has once again reaffirmed the foundational principle of the Insolvency and Bankruptcy Code, 2016: the commercial wisdom of the Committee of Creditors in evaluating and approving a resolution plan is paramount and non-justiciable. In Torrent Power Ltd. v. Ashish Arjunkumar Rathi, decided in February 2026, the Court dismissed a challenge to a resolution plan that had been approved by the CoC, holding that adjudicating authorities and appellate courts

The Supreme Court of India has directed the Union government to frame a no-fault compensation policy for individuals who suffer serious adverse events following COVID-19 vaccination. The ruling, in Rachna Gangu v. Union of India, marks a significant development in Indian public health law and addresses a gap that had left vaccine-injured individuals without a defined legal remedy. The absence of a statutory compensation framework had forced those who suffered adverse events t

The Supreme Court of India has delivered a significant ruling on the OBC creamy layer doctrine, holding that parental income alone cannot be the sole criterion for determining whether a candidate falls within the creamy layer and is therefore excluded from reservation benefits. The judgment, delivered in March 2026, addresses a question that had generated inconsistent outcomes across High Courts and administrative bodies: when is a person's family affluent enough to be exclud

The Protection of Children from Sexual Offences Act, 2012, known as the POCSO Act, is the primary Indian legislation addressing sexual offences against persons under the age of 18. It was enacted to provide a comprehensive legal framework specifically designed for child victims, distinct from the general criminal law under the Indian Penal Code or, from 2024, the Bharatiya Nyaya Sanhita. The Act defines a range of sexual offences, specifies enhanced penalties, and establishes

The Arbitration and Conciliation Act, 1996, as amended in 2015, 2019, and 2021, is the primary legislation governing arbitration in India. India has made substantial efforts over the last decade to develop itself as an arbitration-friendly jurisdiction, and a series of landmark Supreme Court rulings have progressively clarified and strengthened the framework. Understanding these rulings is essential for any party drafting an arbitration clause, managing an ongoing arbitration

In a closely watched ruling in Confederation of Real Estate Developers of India v. Vanashakti, the Supreme Court delivered a 2:1 majority verdict that recalled an earlier judgment and held that retrospective or post-facto environmental clearances, meaning ECs granted after a project has already begun or been completed, may be permissible, but only for activities that fall within the category of permissible uses under the relevant regulatory framework. The ruling also held tha

In a recent ruling addressing chronic overcrowding in India's prisons, the Supreme Court issued detailed directions for the expansion and uniform governance of Open Correctional Institutions across the country. The Court held that these institutions, which house convicted prisoners under conditions of reduced supervision and greater personal responsibility, embody the constitutional promise that incarceration must serve reform and not merely punish. The judgment is a signific

In October 2025, the Supreme Court of India directed the Union government, the states of Uttar Pradesh and Gujarat, and two private schools to pay compensation of Rs. 50,000 each to a transgender woman who was denied employment after disclosing her gender identity. The ruling comes eleven years after the landmark NALSA v. Union of India judgment of 2014, which recognised the right of transgender persons to self-identify and to the full protection of fundamental rights. The 20

One of the most contested questions in Indian arbitration law has been whether courts exercising supervisory jurisdiction under the Arbitration and Conciliation Act, 1996 have the power to modify an arbitral award, or whether they are limited to setting it aside in its entirety. In Gayatri Balasamy v. M/s ISG Novasoft Technologies Limited [2025 INSC 1057], a five-judge Constitution Bench of the Supreme Court resolved this long-standing debate. The ruling has significant impli

In a significant judgment delivered in early 2026, the Supreme Court of India held that the constitutional right to a speedy trial is not diluted or extinguished merely because the accused faces charges of economic offences. The Court further held that economic offences cannot be treated as a homogeneous class warranting a blanket denial of bail. The ruling has important implications for accused persons in cases under the Prevention of Money Laundering Act, the Companies Act,

In a consequential ruling for India's subordinate judiciary, the Supreme Court in All India Judges Association v. Union of India [2025 INSC 726] restored the mandatory requirement that candidates must have practiced as advocates for at least three years before sitting for entry-level judicial service examinations. The judgment reverses a 2002 decision that had relaxed this requirement and signals the Court's view that courtroom experience is an essential, not optional, qualif

The Delhi High Court recently delivered a decisive ruling(1) upholding the validity of Section 132 of the Companies Act, 2013, and its...