India: Constitutional & Administrative Law

Subscribe
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
Supreme Court Reaffirming Principles Of Attorney-client Privilege - A Thorough Analysis Of The Recent Judgment In Re Summoning Advocates Who Give Legal Opinion Or Represent Parties During Investigation Of Cases And Related Issues
In a landmark judgment delivered on 31.10.2025, the Hon’ble Supreme Court of India has fortified the bedrock principle of attorney-client privilege while delineating clear boundaries for investigative agencies seeking to summon advocates.
India Litigation
ML
MZM Legal
Article
Delhi High Court Reaffirms The Right Of Consenting Adults To Live-In Relationships Free From Familial Interference
The Delhi High Court, in Uma Bharti & Anr. v. The Government of NCT of Delhi & Ors. [W.P.(CRL) 2429/2026], directed local police to protect a live-in couple whose relationship was opposed by the woman’s father and brother. The order, passed by Hon’ble Mr. Justice Saurabh Banerjee on 13.08.2026, reaffirms that a consenting adult’s choice to reside with a partner of their choosing remains constitutionally protected, irrespective of familial or societal disapproval.
India Family
IL
IndiaLaw LLP
Article
Interplay Between Powers Of Attachment, Forfeiture And Retention Under BNSS And Special Statutes Analysis Of Section 107 BNSS Vis-A-Vis PMLA
The enactment of the Bharatiya Nagarik Suraksha Sanhita (“BNSS”) in 2023 signals a paradigm shift in India’s criminal procedural framework, aimed to enhance the efficiency, integrity, and responsiveness of the criminal justice system. Effective from 1 July 2024, the BNSS replaces the previously governing Code of Criminal Procedure (“CrPC”) of 1973. This new legislation introduces a range of reforms, including the integration of technology in trial processes, the provision for trial in absentia, zero FIR, and e-FIR, all aimed at streamlining the criminal justice procedures.
India Criminal
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
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
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
High Court Of Delhi Holds That An Executive Policy Prescribing An Arbitrary Cut-Off Date Without A Rational Basis Is Violative Of Article 14 Of The Constitution
The High Court held that while the executive is competent to prescribe cut-off dates, such classification must satisfy the twin tests under Article 14 of the Constitution. It was further observed that since the Circular created an artificial classification having no rational or nexus with its object of mitigating hardship, it is arbitrary, discriminatory and unconstitutional. Accordingly, the Hon’ble High Court struck down the Clause B of the Circular.
India Litigation
Sagus Legal
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
See more