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The Substance Over Form Doctrine: Redefining Merger Control in India

PART 1 Introduction Merger control is premised on a simple regulatory objective that transactions which may harm competition must be stopped or modified. M&A transactions are becoming increasingly complex every day. Transactions today are implemented through multiple agreements, interconnected steps, and layered commercial arrangements before they take effect. As a result, the formal presentation of

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N Ravi -A Missed Opportunity

On 6 October, 2026, a seven-judge bench of the Supreme Court  (“the Court”) disposed of the Reference on Legislative Privileges in N Ravi v Speaker, Legislative Assembly, Chennai as infructuous. The dispute arose in November 2003, when the Tamil Nadu legislature resolved against The Hindu’s editorial criticising the Jayalalitha government, for breaching its privilege. Consequently, five

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When A Court Order Outlives the Person: Who Controls a Protected Identity After Death?

Introduction Suppose an actor obtains a John Doe order from the Delhi High Court restraining unknown persons from cloning her voice, using her likeness or building AI versions of her. She dies. Five years later, a start-up launches an avatar that speaks in her voice and answers questions from paying subscribers. Her children go to

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When Influence Becomes Control: Rethinking PN2 of 2026

Introduction The Department for Promotion of Industry and Internal Trade (DPIIT) issued Press Note 2 of 2026 (PN2) on March 15, 2026, which relaxed the restrictions imposed by Press Note 3 of 2020 on foreign direct investment (FDI) by investors from countries that share a land border with India (Land Border Countries or LBCs). Under

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Why India’s Abeyance of the Indus Waters Treaty Finds Support in International Law

Introduction In recent times, there has been a significant increase in efforts from Pakistan’s side asserting that the Indus Water Treaty (hereinafter referred to as the IWT Treaty) has wrongfully been put in abeyance by India. On 30th June, from Pakistan’s side, Mr Ishaq Dhar, who is currently the Foreign Minister of Pakistan, posted on

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Why Separation of Powers Is About Roles, Not Boxes

Introduction Constitutional lawyers often describe separation of powers as a problem of allocation. Legislatures make law, executives enforce it, and courts interpret it. The familiar diagram is useful, but it can also be misleading. It suggests that constitutional design consists mainly of drawing boundaries around competences and then asking whether one institution has crossed into

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Deconstructing the Inclusion of Synthetic Media as Information from the Lens of Proportionality under Article 14

Introduction The digital infrastructure of India reached a crucial point during 2026 because synthetic media content which includes deepfakes and AI-generated videos, audio forgeries and hyper-realistic image manipulations created new obstacles for all public conversations and electoral processes and personal dignity and state defence systems. The 2025 amendment to the Information Technology Rules (Intermediary Guidelines

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Between Statutory Oversight and FIFA Autonomy: Examining Indian Football Governance after the National Sports Governance Act, 2025

Introduction In August 2022, Fédération Internationale de Football Association (“FIFA”) suspended the All India Football Federation (“AIFF”) from all international activities. India lost its right to host the FIFA U-17 Women’s World Cup. Its participation in global football governance was frozen overnight. Strikingly, the suspension had nothing to do with match-fixing, doping, or financial misconduct

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Guardianship And Digital Personnel Data Protection Act, 2023: Why India’s DPDP Act Undermines The Rights Of Disabled Individuals

The DPDP Act,2023 was enacted and is set to get implemented across three phases in India after years of debate surrounding privacy and individual autonomy. Section 9 of the DPDP Act,2023 read along with Rule 11 of the corresponding DPDP Rules, 2025 mandates guardian consent for processing data of persons with disabilities (PwDs) who have

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THE “SKIN IN THE GAME” PARADOX IN CIIRP: DEBTOR-IN-POSSESSION AND STAKEHOLDER PROTECTION

Introduction The Creditor-Initiated Insolvency Resolution Process (CIIRP) framework 2026 marks an important shift in Indian insolvency law. It moves away from the fully court-driven logic of CIIRP and toward an out-of-court, debtor-in-possession model in which the existing management remains in control, but under creditor-led supervision. The attraction is obvious; faster resolution, less litigation, and a

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