India: Constitutional & Administrative Law

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Government regulation and public sector law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as fiscal and monetary policy, human rights, foreign investment, government contracts and procurement, and constitutional and administrative law.
Article
The Evolution Of Workplace Sexual Harassment Law In India: From Vishaka To POSH
This article covers the evolution of laws in India on sexual harassment in the workplace, starting from the shortcomings of the pre-1997 law and leading to the introduction of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”). It examines the impact of the Indian Penal Code, 1860; the lack of any specific remedy for sexual harassment at the workplace; the Bhanwari Devi incident; and, thereafter, the judgment in Vishaka v. State of Rajasthan on the constitutional and judicial recognition of sexual harassment at the workplace as a violation of fundamental rights.
India Employment
DD
Dhir & Dhir Associates
Article
The Contractual Trap; How The Supreme Court Is Dismantling Decades Of Exploitative Public Employment
There is a practice so entrenched in Indian public administration that it has become almost invisible. A government body needs workers. Instead of following the constitutionally mandated process of open recruitment, it hires on contract, daily wages, or ad hoc terms. Years pass. Sometimes decades. The worker performs the same duties as a regular employee, sits at the same desk, reports to the same officer, and keeps the institution running. On paper, however, they remain ‘contractual’. No pension. No provident fund. No job security. No career progression.
India Employment
Foresight Law Offices
Article
From Food Safety To Due Process: Judicial Scrutiny Of Recent FSSAI Raids In Maharashtra
The recent spate of inspections and raids conducted by the Food and Drug Administration (FDA) and the Food Safety and Standards Authority of India (FSSAI) across Maharashtra has triggered a wider debate on the balance between regulatory enforcement and procedural fairness. Several prominent restaurants, hotels and food establishments found themselves facing suspension orders, stop-business notices and threats of closure allegedly on account of hygiene discrepancies and alleged violations of food safety norms.
India Healthcare
KS
King, Stubb & Kasiva
Article
No-Fault Compensation For Vaccine-Related Injuries: Constitutional Obligations Under The Right To Health
This article examines the constitutional and policy case for establishing a no-fault compensation mechanism for vaccine-related injuries in India. Drawing on the right to health under Article 21 and experiences from mass public health interventions, it analyses the rationale, design considerations, and implementation challenges of such a scheme.
India Healthcare
Ka
Khurana and Khurana
Article
Dignity In The Digital Age: Delhi High Court Reiterates The Right To Be Forgotten
On May 29, 2026, the Delhi High Court delivered a landmark judgment in a batch of petitions that raised the same question, that stood at the intersection of constitutional law and the digital age viz. whether an individual whose name appears in judicial records that are accessible through internet search engines is entitled, by virtue of the right to informational privacy guaranteed under Article 21 of the Constitution, to seek de-indexing of those records from name-based search results and masking of personal identifiers (including names) from publicly accessible digital versions of those records.
India Privacy
SR
S.S. Rana & Co. Advocates
Article
The Crime Times - Newsletter - August 2026 Edition
This issue examines a consistent judicial theme in contemporary criminal law: coercive powers must be exercised strictly within statutory and constitutional limits. The Delhi High Court has clarified that Look Out Circulars cannot be used as instruments of debt recovery. Mere loan default or financial distress, without allegations of fraud or serious economic wrongdoing, cannot justify restricting the fundamental right to travel abroad. Similarly, the Supreme Court has cautioned against continuing criminal proceedings arising from a predominantly commercial dispute after a settlement has been fully implemented and recognised by the Debt Recovery Tribunal.
India Criminal
VA
Vaish Associates Advocates
Article
Judicial Review Vs. Electoral Continuity: Understanding The Constitutional Balance
The Supreme Court of India reaffirmed the constitutional principle that judicial intervention must not disrupt ongoing electoral processes, dismissing a writ petition challenging the rejection of a Rajya Sabha nomination. The judgment reinforces that election-related disputes can only be challenged through election petitions after the electoral process concludes, maintaining the balance between judicial review and electoral continuity under Article 329(b) of the Constitution.
India Litigation
IL
IndiaLaw LLP
Article
Cure, Not Nullity: Bombay High Court Holds Post-Facto NCLT Approval Saves Premature Arbitration Invocation
Argus Partners maintains offices in Mumbai, New Delhi, and Bengaluru, providing legal services across India's major business centers. The firm operates under strict Bar Council of India regulations that prohibit solicitation and advertising, with this website serving purely informational purposes. Users must acknowledge that no attorney-client relationship is created through website access and should seek independent legal advice for specific matters.
India Commercial
AP
Argus Partners
Article
Ready Reckoner On The Law Of Look-Out Circulars: Challenges And Way Forward
The hum of the airport terminal is suddenly drowned out by a tightening in your chest. It’s supposed to be the start of a dream vacation, a special birthday trip with your family to Dubai, a celebration of togetherness, laughter, and memories to last a lifetime. But instead, here you are, standing in front of the immigration officer, heart pounding as they inform you that you cannot board your flight.
India Immigration
ML
MZM Legal
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
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