Article 32
11 articles tagged with "Article 32".
The DPDP Act Is About to Be Stress-Tested — By the Supreme Court, the Cabinet Secretariat, and Every General Counsel in India
Three Fronts, One Statute The Digital Personal Data Protection Act, 2023 has moved from legislative abstraction to operational reality — and the transition is proving uncomfortable for everyone involved. In the span of roughly ten weeks, three distin...
The Right to Walk: How the Supreme Court Just Rewrote Urban Mobility Into Part III of the Constitution
A Footpath Is Now a Constitutional Claim On 19 June 2026, the Supreme Court did something that will seem obvious in hindsight but radical in practice: it held that the right to walk on safe, demarcated footpaths is a fundamental right flowing from Ar...
The Digital Alibi and The Bail Trap: How the Supreme Court’s Mid-2026 Rulings Reshape Criminal Defence and Article 21
The End of the "Non-Cooperation" Trap For years, criminal defence lawyers in India have wrestled with a frustrating, unwritten rule of investigative practice: the weaponization of "cooperation." Investigating agencies routinely demand that an accused...
The Supreme Court’s 2026 Pushback: Digital Self-Incrimination, Sequential FIRs, and the Revival of Liberty
The End of "Unlock Your Phone to Prove Innocence" For years, criminal defense lawyers in India have fought a losing battle at the remand and anticipatory bail stages against a notoriously vague phrase: "cooperating with the investigation." In practic...
Digital Privacy Meets Bail Jurisprudence: The Supreme Court Curbs Police Overreach Under Articles 20(3) and 32
The End of the "Unlock Your Phone" Era For the modern Indian criminal lawyer, the remand hearing has become an all-too-predictable theatre. The Investigating Officer (IO) stands before the Magistrate, opposing bail or seeking police custody with a fa...
The Supreme Court’s 2026 Pushback: Reclaiming Article 20(3) from Digital Overreach and Ending the Successive FIR Farce
A Defining Moment for Criminal Defense and Civil Liberties in 2026 If the first half of 2026 at the Supreme Court has proven anything, it is that the era of investigative agencies treating constitutional safeguards as mere procedural suggestions is f...
The End of Digital Fishing Expeditions: Supreme Court Shields Mobile Phones Under Article 20(3) & Cracks Down on Successive FIRs
The End of the "Hand Over Your Phone" Era Every criminal defense lawyer in India knows the drill. Your client receives a notice to join an investigation—perhaps under Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), formerly Section 41A o...
The End of the "Unlock Your Phone" Era: SC Draws a Hard Line on Article 20(3) and Investigative Overreach
The Death of "Cooperation" as a Pretext for Digital Strip Searches For the better part of the last decade, criminal defense lawyers in India have been fighting a losing battle against a highly effective, deeply unconstitutional police tactic. Investi...
The End of "Password Fishing": SC Weaponizes Article 20(3) Against Digital Seizures and Successive FIRs
For criminal defense lawyers, the phrase "cooperating with the investigation" has long been a loaded weapon wielded by investigating agencies. In recent years, it has become the standard pretext for the police to demand an accused's mobile phone and ...
The End of "Password Coercion" and the FIR Carousel: How the Supreme Court is Redrawing Criminal Practice in 2026
For criminal and constitutional litigators navigating the procedural shifts of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the first half of 2026 has delivered a much-needed constitutional anchor. The Supreme Court has aggressively policed the bou...
Life, Death, and Non-Obstante Clauses: The Supreme Court’s Expanding Article 21 Horizons and the Legislative Pushback
Early 2026 is proving to be a watershed moment for Constitutional law practitioners in India. Over the last few months, the Supreme Court has embarked on an aggressive expansion of Article 21, pushing the boundaries of fundamental rights into deeply ...
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