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1. What the missing Arbitration Council reveals

What the missing Arbitration Council reveals Chief Justice of India Surya Kant recently described the continued non-constitution of the Arbitration Council of India (ACI) as part of India's "credibili

What the missing Arbitration Council reveals

What the missing Arbitration Council reveals Chief Justice of India Surya Kant recently described the continued non-constitution of the Arbitration Council of India (ACI) as part of India's "credibility deficit" in becoming a preferred arbitral seat. 6 years after parliament enacted the statutory framework for the Council through the Arbitration and Conciliation (Amendment) Act, 2019, that criticism is difficult to dismiss. Parliament intended the ACI to serve as the institutional anchor of India's transition towards institutional arbitration and its ambition to become a preferred global arbitral seat. Despite that legislative ambition, the Council remains unconstituted. The issue has recently returned to the forefront of India's arbitration discourse following a pending Supreme Court petition in Anil Kalyandas Thanvi v. Union of India, in which the Court has issued notice on a plea alleging a continued regulatory vacuum in trade-association arbitrations, a vacuum the ACI was designed to remedy. Most commentary has understandably focused on why the ACI has not yet been constituted. The more important question is no longer why the Council remains unconstituted, but what the 6-year delay reveals about the institutional design parliament enacted in 2019. It was parliament's response to a diagnosis of India's arbitration landscape made by the High-Level Committee chaired by Justice BN Srikrishna in 2017.

2. No institution beyond scrutiny: NALSAR Student Bar Council condemns BCI circulars, demands apology

No institution beyond scrutiny: NALSAR Student Bar Council condemns BCI circulars, demands apology The Student Bar Council (SBC) at the National Academy of Legal Studies and Research (NALSAR) Universi

No institution beyond scrutiny: NALSAR Student Bar Council condemns BCI circulars, demands apology

No institution beyond scrutiny: NALSAR Student Bar Council condemns BCI circulars, demands apology The Student Bar Council (SBC) at the National Academy of Legal Studies and Research (NALSAR) University of Law has issued a statement condemning Bar Council of India (BCI) Chairman Manan Kumar Mishra for issuing circulars seeking disciplinary action against students and faculty. The statement noted that Mishra's X post had not withdrawn his claim that "a handful of teachers and outsiders" had instigated students. The SBC is demanding a formal apology for the remarks. "The current chairperson's actions are unbecoming of his post and the constitutional directives that he is expected to uphold. Even the communication on X from the BCI Chairperson did not withdraw the allegations made. We demand an apology from the BCI Chairperson for making such objectionable comments," it said. Rejecting the BCI's idea that "constitutional fidelity requires silence", it said that no institution, including the Supreme Court and the CJI, is beyond legitimate scrutiny. "The rights to dissent, protest, criticise public institutions, and demand accountability from those who wield power lie at the heart of democratic and republican government.

3. Trump goes to Supreme Court after setback to $400-million White House ballroom

Trump goes to Supreme Court after setback to $400-million White House ballroom Trump goes to Supreme Court after setback to $400-million White House ballroom The Trump administration has asked the US

Trump goes to Supreme Court after setback to $400-million White House ballroom

Trump goes to Supreme Court after setback to $400-million White House ballroom Trump goes to Supreme Court after setback to $400-million White House ballroom The Trump administration has asked the US Supreme Court to let White House ballroom construction continue, calling it a national security necessity. President Donald Trump's administration asked the US Supreme Court on Friday to allow it to continue construction of his $400 million White House ballroom after an appeals court ruled the project lacked the necessary approval from Congress. The Trump administration asked the justices to keep the ruling by the US Court of Appeals for the District of Columbia Circuit on hold while it prepares a full appeal to the Supreme Court. Justice Department lawyers, in their filing, echoed Trump's contention that the ballroom project is a security necessity. Citing numerous assassination attempts against Trump, the lawyers described the project as "vitally required by national security." "This case involves an extraordinary and unlawful injunction that will halt the ongoing construction of the integrated military complex, including a totally secure ballroom space, at the East Wing of the White House, which is vitally required by national security,” they wrote. The DC Circuit in a 2-1 ruling on August 7 upheld a lower-court judge’s order directing the administration to halt above-ground construction. "Whether or not a massive ballroom should be constructed is for Congress to decide and is not a matter for Executive self-help," the panel wrote. The appeals court had paused its order from taking effect for 14 days to allow the Trump administration to challenge it at the Supreme Court.

4. Surveillance without statute: The constitutional void in India’s facial recognition policy

Surveillance without statute: The constitutional void in India’s facial recognition policy Facial recognition systems are increasingly used in public spaces in India, despite the absence of a comprehe

Surveillance without statute: The constitutional void in India’s facial recognition policy

Surveillance without statute: The constitutional void in India’s facial recognition policy Facial recognition systems are increasingly used in public spaces in India, despite the absence of a comprehensive statutory framework governing their use. Imagine the concourse at Howrah station in Kolkata during rush hour with approximately a million commuters each day, along with a hundred cameras quietly scanning every face against a watchlist that only a few officials have ever seen in full. Walk through the corridors at the Ram Mandir in Ayodhya and similar machines are identifying faces using police records as worshippers wait for darshan. Ahmedabad’s “safe city” control room does the same for the whole city. The majority of these systems do not announce their presence, let alone ask for consent. Recent investigative reporting has revealed that much of the technology behind this surveillance comes from a Spanish company called Herta Security. Their facial recognition software reportedly runs on several thousand cameras across the country, which includes setups that would be illegal within the European Union, according to European legal scholars. The problem here is that the very place that produces this software has curtailed real-time biometric identification of people in public spaces for law enforcement in February 2025, labelling it as an “unacceptable risk” under the EU’s Artificial Intelligence Act.

5. Police need not obtain court permission before freezing bank accounts: Karnataka High Court

Police need not obtain court permission before freezing bank accounts: Karnataka High Court The Karnataka High Court recently observed that the police cannot be first asked to approach the magistrate

Police need not obtain court permission before freezing bank accounts: Karnataka High Court

Police need not obtain court permission before freezing bank accounts: Karnataka High Court The Karnataka High Court recently observed that the police cannot be first asked to approach the magistrate for permission to freeze a property, particularly proceeds of crime moving electronically from one bank account to other [State of Karnataka v Jar Gold Retail Pvt Ltd]. If police is asked to first approach a magistrate to debit freeze an account, the money may travel through ten accounts or simply vanish beyond retrieval by the time the procedural journey reaches its destination. Justice M Nagaprasanna made the observation while stressing on the importance of Section 106 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) that allows police to seize a property on suspicion of crime. "The law cannot insist that the Police first complete a judicial pilgrimage while the proceeds of crime are electronically galloping from account to account. The distinction between the immediate preservative power under Section 106 of the BNSS and the adjudicatory mechanism under Section 107 of the BNSS becomes particularly vivid in this context," the Court said. The Court added that the seizure done under Section 106 is a preservatory measure intended to secure suspected tainted assets without need for judicial order. "Such seizure is a preservatory measure intended to secure suspected tainted assets during the investigation and ordinarily warrants no judicial interference during the pendency of investigation." Pertinently, the Court said that a debit freeze of a bank account is not required to travel through the procedural rigmarole contemplated under Section 107 of the BNSS. Imposing such a mandate would have disastrous consequences in today's time when the world is grappling with cybercrime "In such crimes, money does not merely move; it flies—from one account to another, through a…

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