Posts

HC Slams Maharashtra Government for “Gross Abuse of Power” in Borivali Slum Rehabilitation Case

Image
Introduction In a strong indictment of executive overreach, the Bombay High Court has stayed the Maharashtra Housing Department’s decision appointing a new developer for a long-stalled slum rehabilitation project in Borivali East , terming the move a “gross abuse of power” and a clear violation of binding judicial orders . The Court warned that such actions undermine the authority of constitutional courts and render judicial pronouncements meaningless. The ruling raises serious concerns about rule of law, administrative arbitrariness, and the erosion of housing rights of slum dwellers . Background of the Borivali Slum Rehabilitation Project The dispute relates to the redevelopment of slum land occupied by members of Haribar Krupa Co-operative Housing Society Ltd., Borivali East . Key facts include: • In 2003 , Yash Developers was appointed as the project developer through a development agreement dated 20 August 2003 • Despite nearly 18 years , the project failed to commence • The la...

Supreme Court Grants Bail in Pune Porsche Crash Evidence Tampering Case: Parental Responsibility, Bail Jurisprudence, and Rule of Law

Image
Background of the Pune Porsche Crash Case (2024) The Pune Porsche crash case arose out of a tragic road accident that occurred in the early hours of 19 May 2024 near Kalyani Nagar, Pune . According to the prosecution, a 17-year-old boy , allegedly under the influence of alcohol, was driving a high-end Porsche car after attending a late-night party with two friends. At around 2:00 AM , the car rammed into a two-wheeler, resulting in the death of two young IT professionals, Anis Awadhiya and Ashwini Koshta . The incident sparked nationwide outrage, not only due to the loss of innocent lives but also because of the subsequent allegations that influential individuals attempted to manipulate the criminal justice process . Allegations of Evidence Tampering and Role of the Accused The present Supreme Court proceedings concerned three accused persons alleged to have tampered with evidence after the accident: The father of one of the juveniles present in the car , Ashish Satish Mittal , and A...

Income Tax Act, 2025 to Take Effect from April 1, 2026: Legal Framework, Structural Changes and Implications for Taxpayers

Image
Background: A Historic Overhaul of India’s Direct Tax Law During the presentation of the Union Budget 2026–27 , Finance Minister Nirmala Sitharaman announced that the Income Tax Act, 2025 will come into force from 1 April 2026 , replacing the existing Income Tax Act, 1961 , which has governed India’s direct tax regime for over six decades. The stated objective of the new law is simplification without revenue loss , with a focus on removing interpretational ambiguities that have historically fuelled litigation between taxpayers and the tax administration. Notably, the reform is structural and procedural , not fiscal in nature— no changes have been made to income tax slabs or rates . Legislative Authority and Constitutional Basis Statutory Power to Enact the New Law The Income Tax Act, 2025 has been enacted under Article 246 read with Entry 82 of List I (Union List) of the Seventh Schedule to the Constitution of India, which grants Parliament exclusive power to legislate on “taxes on ...

Allahabad High Court Quashes 1991 Vidhan Sabha Ruckus Case

Image
“Futile Litigations Must Be Chopped Off”: A Judicial Call for Criminal Justice Reform Background of the Case In a significant ruling addressing judicial delay and systemic inefficiency, the Lucknow Bench of the Allahabad High Court quashed criminal proceedings pending for over 34 years in connection with an alleged ruckus at the Uttar Pradesh Vidhan Sabha premises in 1991 . The judgment was delivered by Justice Pankaj Bhatia on January 28 , allowing two petitions filed by Madhukar Sharma and Sanjay Singh , who sought quashing of the entire criminal proceedings arising out of the said incident, which were pending before a district court in Lucknow. Allegations in the 1991 FIR According to the First Information Report (FIR), the alleged incident occurred on February 15, 1991 , when the informant was on duty at Gate No. 1 of the Uttar Pradesh Vidhan Sabha . The FIR alleged that: The accused persons, along with 30–40 others , created a ruckus inside the assembly premises They attempted ...

Project Cost a Valid Factor for Green Compensation: Supreme Court Strengthens NGT’s Powers

Image
Background of the Case The Supreme Court of India has reaffirmed and strengthened the powers of the National Green Tribunal (NGT) to impose environmental compensation (EC) by holding that project cost and scale of operations are valid and relevant factors while computing compensation for environmental violations. The ruling arose from two civil appeals challenging orders of the NGT Western Zone Bench, Pune , which had imposed substantial environmental compensation on two real estate developers in Maharashtra. Facts of the Two Appeals Rhythm County Project Project Cost: ₹335 crore Environmental Compensation Imposed: ₹5 crore (approximately 2% of project cost) NGT Order Date: August 2022 Keystone Properties Project Project Cost: ₹76 crore Environmental Compensation Imposed: ₹4.47 crore (approximately 5.88% of project cost) NGT Order Date: September 2022 Both developers challenged the NGT orders before the Supreme Court, arguing that: The compensation was excessive and disproport...

Income Tax Budget 2026: No Change in Slabs, New Tax Law from April 1 — Legal, Constitutional and Policy Analysis

Image
Introduction: Budget 2026 and the Stability Signal The Union Budget 2026–27, presented by Finance Minister Nirmala Sitharaman—her ninth consecutive Budget —has sent a clear policy message: tax stability over populism . While expectations of slab rationalisation ran high, the government chose continuity, announcing no change in income tax slabs , while confirming that the New Income Tax Act, 2025 will come into force from 1 April 2026 , replacing the six-decade-old Income Tax Act, 1961. This Budget marks a significant moment in India’s fiscal evolution, prioritising simplification, procedural reform, and targeted relief , rather than rate cuts. Constitutional Framework Governing Taxation Article 265: No Tax Without Authority of Law Article 265 of the Constitution mandates that “no tax shall be levied or collected except by authority of law.” The proposed implementation of the New Income Tax Act, 2025 directly flows from this constitutional requirement, reaffirming Parliament’s exclus...

“Would Amount to Foeticide”: Bombay High Court Draws a Constitutional Line on Late-Term Abortion

Image
In a sensitive and legally complex ruling, the Bombay High Court has refused permission to terminate a 28-week pregnancy , holding that doing so would amount to foeticide as the foetus is healthy, viable, and capable of independent life . The decision underscores how reproductive autonomy, statutory limits, and foetal rights intersect under Indian constitutional law . The Case in Brief The petition was filed by the mother of an 18-year-old girl , seeking termination of pregnancy that arose from a relationship when the girl was 17 years old . The plea stated that: The relationship involved a promise of marriage An FIR was registered on January 2 after the pregnancy was discovered The teen did not wish to continue the pregnancy Despite acknowledging the personal hardship involved, the Court refused to permit medical termination at this advanced stage. What the Medical Board Found The High Court relied heavily on the medical board’s opinion , which stated that: The pregnancy was at 28 w...

Right to Menstrual Hygiene Is a Fundamental Right Under Article 21: Supreme Court’s Landmark Ruling Explained

Image
Background of the Case The Supreme Court of India, in a significant rights-based judgment, has categorically held that the right to menstrual hygiene forms an intrinsic part of the right to life and dignity under Article 21 of the Constitution . The ruling was delivered by a Bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan while deciding a writ petition seeking directions to the Union of India and States to ensure free sanitary pads and separate toilets for girl students (Classes 6 to 12) in government-aided schools. The Court expanded the scope of constitutional guarantees by linking menstrual health, dignity, equality, privacy, and access to education into a single enforceable rights framework. Core Constitutional Questions Before the Court The Bench framed and conclusively answered the following constitutional questions: Whether the absence of gender-segregated toilets violates Article 14 (Right to Equality) Whether denial of access to menstrual hygiene products v...

Union Budget 2026: Expectations, Economic Survey Insights & Constitutional Framework Explained

Image
Introduction: Budget 2026 at a Crucial Economic Juncture The Union Budget 2026, to be presented by Finance Minister Nirmala Sitharaman on 1 February 2026 , comes at a defining moment for India’s macroeconomic and fiscal trajectory. Just two days ahead of the Budget speech, industry stakeholders, economists, and policymakers are closely watching government signals on growth, inflation management, fiscal consolidation, and sectoral allocations. This will be Nirmala Sitharaman’s ninth consecutive Budget , marking a rare continuity in fiscal leadership. Notably, this is also the first time in over a decade that the Union Budget will be presented on a Sunday , underscoring its exceptional political and economic significance. Constitutional Basis of the Union Budget Article 112 of the Constitution of India The Union Budget is constitutionally referred to as the “Annual Financial Statement” under Article 112 . It mandates the government to present estimated receipts and expenditures of the ...

Economic Survey 2025–26 on Skilling: What Will It Take to Skill India for Viksit Bharat?

Image
Introduction: Workforce Size Is Not Enough The Economic Survey 2025–26 places skilling at the heart of India’s ambition to become a Viksit Bharat by 2047 . While India’s workforce of over 560 million people is often projected as a demographic advantage, the Survey makes a crucial clarification: economic growth depends not merely on workforce size, but on workforce capability . The Survey identifies systemic gaps in vocational education, industry alignment, and outcome measurement, and proposes wide-ranging reforms spanning school education, apprenticeships, institutional training, financing, and digital governance. Constitutional Framework Governing Education and Skilling India’s skilling ecosystem draws legitimacy from several constitutional provisions : Article 21A – Right to Education Guarantees free and compulsory education for children aged 6–14 years. While primarily focused on schooling, courts have increasingly interpreted education to include quality and meaningful learning ...

Environment Ministry Amends Uniform Consent Guidelines: Balancing Ease of Doing Business with Environmental Safeguards

Image
Introduction In a significant regulatory shift aimed at reducing procedural delays and compliance burdens on industries, the Union Ministry of Environment, Forest and Climate Change (MoEFCC) has amended the Uniform Consent Guidelines issued under India’s core pollution control statutes—the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974 . The amendments seek to simplify consent mechanisms, reduce repetitive renewals, introduce private third-party environmental auditors, and consolidate multiple permissions into a single approval framework. While the ministry positions the reforms as efficiency-driven and safeguard-compliant, environmental experts have flagged concerns regarding enforcement capacity and regulatory dilution. Statutory Framework Governing Industrial Environmental Compliance Air (Prevention and Control of Pollution) Act, 1981 The Air Act empowers State Pollution Control Boards (SPCBs) to grant Consent to E...

Supreme Court to Examine UGC’s 2026 Equity Regulations: Legal Gaps, Constitutional Concerns and the Future of Anti-Discrimination Framework in Higher Education

Image
Introduction The Supreme Court’s decision to list for hearing a plea challenging the University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026 has reopened a critical debate on how caste-based discrimination is defined, addressed, and remedied in Indian higher education institutions (HEIs). The challenge, filed in Rahul Dewan and Ors. v. Union of India , raises fundamental constitutional questions: Can anti-discrimination regulations selectively protect certain caste groups while excluding others? And can regulatory dilution be justified in the name of administrative flexibility? Background of the Supreme Court Proceedings While agreeing to list the matter, the Chief Justice of India observed that defects in the petition must be cured before formal listing. The petitioner’s core grievance is that the 2026 Regulations create a narrow and exclusionary framework for caste-based discrimination by limiting its scope primarily to Scheduled Cast...