India: Constitutional & Administrative Law

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Article
Supreme Court Clarifies That An Appointment “Until Further Orders” Does Not Create A Vested Right To Complete The Tenure
In an important judgment on service law and government employment, the Supreme Court has reaffirmed that an employee appointed for a fixed tenure subject to the condition “until further orders” cannot claim an enforceable right to continue for the entire tenure merely because the appointment order mentions a specified term...
India Litigation
KS
King, Stubb & Kasiva
Article
The Transgender Amendment Bill 2026 – Implications And Concerns
The Parliament on March 25, 2026 passed the Transgender Persons (Protection of Rights) Amendment Bill, 2026 (hereinafter referred to as “the Bill”) with the Lok Sabha approving it with a voice vote amid an Opposition walkout. The Bill, now a statutory Act, seeks to redefine the category of transgender, removes the provision of self-perceived gender identity and excludes several socio-cultural identities as well as trans-masculine individuals from its ambit.
India Government
SR
S.S. Rana & Co. Advocates
Article
Towards Equal Caregiving: The Case For A Comprehensive Paternity And Parental Leave Framework In India
India’s labour and employment framework has undergone significant transformation over the past decade, particularly in relation to maternity protection and workplace inclusion. The expansion of maternity benefits through the Maternity Benefit (Amendment) Act, 2017[1] represented an important milestone in recognising the challenges faced by working mothers and promoting maternal health.
India Employment
KS
King, Stubb & Kasiva
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
Article
Supreme Court Of India Clarifies Scope Of Writ Jurisdiction Against Orders Passed Under Section 16 Of The Arbitration And Conciliation Act, 1996
In a decision on the scope of writ jurisdiction in the context of arbitration proceedings, the Supreme Court of India (“Supreme Court”), in M/s Tarini Prasad Mohanty vs. M/s Sunflag Iron and Steel Company Limited,1 has held that the exercise of writ jurisdiction under Articles 2262 and 2273 of the Constitution of India (“Constitution”) to set aside an order passed under Section 164 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) was not justified, particularly where the arbitrator was seized of the arbitration proceedings.
India Litigation
J
JSA
Article
False Affidavits & Personal Liberty: Supreme Court Pulls Up Police
The Supreme Court of India addresses a critical case involving wrongful attribution of criminal antecedents to a citizen during bail proceedings, examining the State's accountability when false records impact fundamental rights. The judgment scrutinizes the government's explanation of a "computer error" and establishes important precedents for protecting personal liberty under Article 21 of the Constitution.
India Criminal
IL
IndiaLaw LLP
Article
Reconsidering Compromise And FIR Registration: A Doctrinal Analysis Of Mandatory FIR Registration Under The CrPC And BNSS
The relationship between compromise settlements and the mandatory registration of FIRs continues to generate significant debate within Indian criminal jurisprudence. A recurring question before courts is whether an attempted settlement between parties can dilute or postpone the statutory obligation of the police to register an FIR where information discloses the commission of a cognisable offence.
India Criminal
KS
King, Stubb & Kasiva
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