Parv Tyagi, Shristy Chhaparia, and Vishwas Jha In this episode of Arbitrary, Parv Tyagi (former Managing Editor, LSPR), Shristy Chhaparia (Editor, LSPR), and Vishwas Jha (Observer, LSPR) sit down with Aditya Balasubramanian to discuss his latest book ‘Toward a Free Economy: Swatantra and Opposition Politics in Democratic India’.  LISTEN TO THE PODCAST Parv: Greetings to all our listeners! I am Parv and you are listening to Arbitrary, the flagship podcast of Law School Policy Review. I am joined by Shristy, Editor and Vishwas, Observer at Law School Policy Review. We are delighted to h ..read more

Shrutanjaya Bhardwaj* Article 19(1)(a) of the Indian Constitution guarantees a fundamental right “to know”. But what information does a citizen have a right to know? The Supreme Court’s Electoral Bonds judgment lays down an unsatisfactory test: that the information should be necessary for participatory democracy. The Court gives no reasons for laying down this test, except saying that it emerges from a reading of the Court’s previous judgments. But this is factually incorrect, and the Court overlooks some key judgments which contradict its articulation of the test. In doing so, the judgment ..read more

Manmayi Sharma* and Somya Jain** The newly launched PM-eBus Sewa Scheme by the Union Government aims to deploy 10,000 e-buses in non-metropolitan cities of India. However, the absence of accessibility features in a significant number of these buses excludes a vast majority of persons with disabilities and others facing mobility challenges. This will contravene basic equality and accessibility mandates reflected in law and reinforced by the judiciary. Therefore, this article undertakes a critical examination of the e-bus tenders issued under the PM-eBus Sewa scheme in relation to disability l ..read more

Raghav Pandey* & Reyyi Sameera** A moratorium, or statutory stay, represents a vital component within insolvency proceedings, whether they pertain to resolution or liquidation, constituting a cornerstone of the Insolvency and Bankruptcy Code (IBC) framework. Nonetheless, as per the IBC regime, certain transactions, agreements, and arrangements may be excluded from the purview of the moratorium by the government if it is deemed desirable. Recently, the Central Government, through a notification dated June 14, 2023, exercised this authority by exempting contracts, exploration licenses, and ..read more

Arnav Mathur & Maitreyee Mane* The recent G20 Summit saw Indian cities experience a so-called ‘beautification’ initiative, which resulted in slum residents being enveloped with enormous green sheets and plastic materials. This article delves into the root causes of India’s housing poverty crisis, critically examining the housing policies enacted in the past 20 years. The authors argue that these policies fail to address Amartya Sen’s capabilities approach to development, perpetuating poverty and social exclusion cycles. They ultimately urge for sustainable solutions prioritising equitabl ..read more

Nikhil Naren* The emergence of AI-generated creations has spurred debate surrounding the need for special rights tailored to these unique works. Unlike traditional intellectual property concepts, such as copyright or patent law, AI-generated creations challenge conventional notions of authorship and ownership. This article aims to explain why sui generis rights could offer a specialised legal framework to address the complex nature of AI-generated content, acknowledging the role of both human creators and AI systems in the creative process. Such rights would foster innovation, incentivise in ..read more

Dylan Sharma* It is a practice that goes unnoticed – a popup on a website, fine print on an invoice or an advertisement in the middle of a video. What most consider a “nuisance”, the consumer protection authorities of various countries consider “dark patterns”. These are deceptive practices used by companies to drive sales by influencing consumer decisions. To ban such practices, the Indian Government released the Guidelines for Prevention and Regulation of Dark Patterns, 2023. These guidelines provide a clear definition of “dark patterns” as well as a comprehensive list of practices that wi ..read more

Rishit Soni & Akshay Sriram* The Indian Parliament in the Winter Session last year witnessed a record number of suspensions like never before. In the meantime, various integral laws were debated and passed by the Government in the absence of several opposition MPs. The overwhelming rhetoric in this backdrop was the ‘unconstitutional’ tag being attached to these legislations by several journalists and critics, who demanded an inquiry into the procedural validity of such enactments. Through this piece, the authors argue that such enactment of legislation is not only procedurally valid, but ..read more

Sahajveer Baweja* & Vansh Bhatnagar** UNODC This article highlights the urgent need for a dedicated human smuggling law in India while scrutinizing the nuanced disparities between the crimes of human smuggling and trafficking, despite their apparent similarities. The article delves into examining Punjab’s status as a smuggling epicentre and critiques the implementation flaws of the Punjab Human Smuggling Act, 2012. The analysis advocates for legislative reforms, awareness campaigns, and enhanced enforcement to combat this pervasive issue effectively. Ultimately, the article calls upon the ..read more

Ansruta Debanth and Shubham Singh* The paper provides a critical examination of India’s ‘Guidelines for Prevention and Regulation of Dark Patterns 2023’, highlighting issues of enforceability and contradiction within the framework. It proposes integration with the Digital Personal Data Protection Act, emphasizing the need for a comprehensive approach to address both consumer rights and data privacy concerns. Drawing comparisons with global practices, it suggests incorporating fiduciary obligations, establishing collaborative regulatory bodies, and enhancing enforcement mechanisms. Urging for ..read more