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Investment Treaty Arbitration in India: The Commercial Reservation and Renewable Energy Risks
Read more: Investment Treaty Arbitration in India: The Commercial Reservation and Renewable Energy RisksBy – Gurram Sai Ruchitha Abstract India’s ambitious renewable energy ambitions rely on continued foreign investment, making effective dispute resolution mechanisms crucial for maintaining investor confidence. This article examines the enforcement of investment treaty arbitration (ITA) awards in India, with a focus on the challenges posed by the Arbitration and Conciliation Act, 1996, and India’s…
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Green Dispute Resolution: The Role of ADR in Climate Change Litigation
Read more: Green Dispute Resolution: The Role of ADR in Climate Change LitigationBy — Aasmi Bali Abstract Climate litigation has become one of the most acute issues of contemporary legal discussion. With states, corporations, and civil society actors struggling with the burden of climate change mitigation and adaptation, conflicts over environmental damage and regulatory imperatives are proliferating. Conventional litigation is slow and aggressive, which can worsen the…
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The Constitutional Boundaries of Mercy Power and the Mandate for Timely Disposal
Read more: The Constitutional Boundaries of Mercy Power and the Mandate for Timely DisposalBy – Mani Meghana Godavarthi Abstract The article explores the constitutional boundaries of executive mercy powers under Articles 72 and 161 of the Constitution of India. It emphasises the imperative for their timely exercise by considering Article 21 (the right to life). It focus is on the implications of procedural delays on the fundamental rights…
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Reform or Kill: The Irreconcilability of the Death Penalty and Reformative Justice
Read more: Reform or Kill: The Irreconcilability of the Death Penalty and Reformative JusticeBy – Malvika Nambiar Abstract The death penalty is the most rigorous form of punishment that can be awarded by the criminal justice system. It is reserved for the most heinous crimes in the ‘rarest of rare cases’. However, in today’s times, this penalty is awarded in a manner that is largely arbitrary and judge-dependent.…
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Whose Verdict Counts? Examining Jury and Judicial Discretion in Death Sentences
Read more: Whose Verdict Counts? Examining Jury and Judicial Discretion in Death SentencesBy – Srisoniya Subramoniam Abstract The Indian Constitution guarantees fundamental rights, which foremost protect the life of an individual. Article 21 highlights that ‘no person’ shall be denied such protection unless it is warranted by a ‘procedure established by law’. Here, a dilemma arises – what if such a procedure established by law is itself…
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Death Beyond the Gallows: The ‘Living Death’ of Death Row Inmates and the Right to Life under Article 21
Read more: Death Beyond the Gallows: The ‘Living Death’ of Death Row Inmates and the Right to Life under Article 21By – Gurram Sai Ruchitha Abstract: This article explores the psychosocial impact of death row incarceration in India through the lens of Article 21 of the Constitution, which guarantees the right to life and personal liberty. While the death penalty remains legally permissible in the “rarest of rare” cases, this article argues that the prolonged…
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Death by Discretion: Arbitrary Sentencing and the Indian Constitution
Read more: Death by Discretion: Arbitrary Sentencing and the Indian ConstitutionBy – Aasmi Bali Abstract This article examines the extent of judicial discretion in India’s death penalty sentencing and questions how justice may truly be served when the results are so indeterminate. It attempts to analyse the constitutional tensions generated by such sentencing procedures, which cut across Articles 14 and 21, the rights enshrining equality…
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The Evolution of Euthanasia Laws in India: Balancing Law, Ethics and Medical Practice
Read more: The Evolution of Euthanasia Laws in India: Balancing Law, Ethics and Medical PracticeBy – Gurram Sai Ruchitha Abstract The topic of the “right to die with dignity” has triggered extensive legal and ethical discussions in India. In recent years, the courts have played a crucial role in shaping laws related to euthanasia. In 2018, the Supreme Court’s decision to legalise ‘passive euthanasia’ and introduce ‘living wills’ was…
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The Leeches of Lakshadweep
Read more: The Leeches of LakshadweepBy – Sahithi Shukla Abstract This article explores the insidious ways in which the law has been weaponised for control in Lakshadweep. Amidst the media furore that erupted in 2021 about Lakshadweep and its newfound potential to become a tourist hotspot rivalling the Maldives, the silent process of urbanising and sanitising the island had begun.…
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TRIAL-IN-ABSENTIA: A Necessity or Shortcut to Conviction?
Read more: TRIAL-IN-ABSENTIA: A Necessity or Shortcut to Conviction?By – Srisoniya Subramoniam Abstract “No man shall be condemned unheard.” While an ideal justice system strives to hear both parties, giving them equal opportunities to establish their innocence, the BNSS’s (Bhartiya Nagarik Suraksha Sanhita, hereinafter, BNSS) regime simply fails to do so. Despite the core tenet of the Indian criminal justice system being a…
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Political Satire Under Siege: The Legal Limits of Free Speech and Defamation in India
Read more: Political Satire Under Siege: The Legal Limits of Free Speech and Defamation in IndiaBy – Sai Ruchitha Abstract This article critically examines the shrinking space for political satire in India, with a focus on the legal controversy surrounding the comedian Kunal Kamra. It explores the jurisprudence around defamation, contempt of court, and the cultural chill on satire in light of Kamra’s experiences. One of his satirical remarks regarding…
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Algorithmic Justice: Regulating Bias in AI-Driven Judicial Decision-Making in India
Read more: Algorithmic Justice: Regulating Bias in AI-Driven Judicial Decision-Making in IndiaBy – Aasmi Bali Abstract Indian courts’ proposed Artificial Intelligence (AI) applications, represented by tools like SUPACE, have the potential to yield higher efficiency, but at the same time, generate important concerns related to equality, bias, and responsibility. This article discusses the risks of algorithmic contestation and the issue of vague decision- making together with…
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