Insights

Introduction The Kerala State Waqf Board has approached the Supreme Court challenging an interim order of the Kerala High Court that restrained it from taking any major administrative or policy decisions. The case has attracted nationwide attention as it concerns the implementation of the Waqf (Amendment) Act, 2025, particularly the statutory requirement relating to the composition of State Waqf Boards. The controversy raises significant constitutional and administrative law questions concerning statutory compliance, judicial oversight of statutory bodies, and the balance between ensuring uninterrupted governance of religious institutions and enforcing legislative mandates. The appeal was mentioned before a Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohan, which agreed to list the matter for hearing on July 20.

In an era characterised by digital transformation, cloud computing, artificial intelligence, remote work environments and cross-border data flows, corporate investigations have evolved into highly sophisticated legal and forensic exercises. Modern businesses generate vast volumes of electronic information through emails, messaging platforms, enterprise resource planning systems, cloud infrastructure, financial software and digital communication tools. While technological advancement has significantly enhanced operational efficiency, it has simultaneously created new avenues for corporate fraud, cyber misconduct, financial irregularities, data manipulation, insider threats and regulatory non-compliance. Consequently, organisations are increasingly required to conduct comprehensive digital investigations capable of identifying misconduct while ensuring compliance with evolving legal and regulatory standards.

In a significant judgment clarifying the distinction between agency arrangements and sale transactions under the erstwhile Service Tax regime, the Supreme Court of India has restored service tax demands exceeding ₹16 crore against Bharat Petroleum Corporation Limited (BPCL) and Hindustan Petroleum Corporation Limited (HPCL). The Court held that while distributing Compressed Natural Gas (CNG) for Mahanagar Gas Limited (MGL) through their retail outlets, the two public sector oil companies acted merely as commission agents and not as independent buyers and sellers of CNG.

As Indian businesses continue to expand their global footprint through overseas subsidiaries, multinational collaborations, remote work arrangements and international assignments, cross-border employment has become an integral aspect of modern corporate operations. Companies are increasingly engaging expatriate employees, foreign nationals, consultants and remote professionals across multiple jurisdictions, creating complex employment relationships governed by overlapping domestic and international legal frameworks. While cross-border mobility enables businesses to access global talent and accelerate international growth, it simultaneously exposes employers to significant legal, regulatory and commercial risks arising from employment laws, immigration requirements, taxation, social security obligations, data protection and dispute resolution.

In a significant judgment strengthening the principles of fairness and administrative accountability, the Supreme Court of India has ruled that employers cannot frustrate a legitimate claim for compassionate appointment by delaying the processing of an employee's application until the employee becomes ineligible under the applicable scheme.

Commercial leasing forms the foundation of numerous business operations across India, enabling companies to establish offices, manufacturing facilities, retail outlets, warehouses, logistics centres and industrial premises without the substantial capital investment associated with property ownership. However, commercial lease arrangements frequently give rise to complex legal disputes involving rent defaults, wrongful termination, lease renewal, eviction, security deposits, maintenance obligations, unauthorised subletting, breach of contractual covenants and interpretation of lease agreements. Such disputes often have significant commercial implications, disrupting business continuity, affecting cash flow and exposing both landlords and tenants to prolonged litigation.

In today's increasingly regulated corporate environment, ethical governance has become a fundamental pillar of sustainable business growth. Organisations are no longer evaluated solely on financial performance but also on their commitment to transparency, accountability and regulatory compliance. One of the most effective mechanisms for promoting an ethical corporate culture is the establishment of a robust whistleblower framework. By enabling employees, directors, vendors and other stakeholders to report suspected misconduct without fear of retaliation, whistleblower mechanisms serve as an essential safeguard against corporate fraud, financial irregularities, regulatory violations, corruption and abuse of authority

The Supreme Court of India has made significant observations regarding the implementation of the three-language policy in schools affiliated with the Central Board of Secondary Education (CBSE). While hearing a case concerning the establishment of Jawahar Navodaya Vidyalaya in Tamil Nadu, the Court expressed concern over the practice of introducing a third language only from Class 9. According to the Bench, compelling students to begin learning a completely new language at such an advanced stage of schooling places unnecessary academic pressure on them.

In a significant development reinforcing the distinction between electoral rights and citizenship-based welfare entitlements, the Supreme Court of India has observed that a person whose name has been excluded from the electoral rolls pursuant to the Special Intensive Revision (SIR) exercise cannot automatically be deprived of essential welfare benefits such as subsidized food grains under the Public Distribution System (PDS). The observations came in MOHIBULLA MONDAL V. STATE OF WEST BENGAL & ORS., where the Court emphasized that deletion from the electoral roll merely affects a person's right to vote and does not extinguish other statutory or constitutional entitlements. While declining to directly intervene, the Court granted liberty to the petitioner to approach the Calcutta High Court for appropriate relief and expressed confidence that constitutional courts would safeguard such rights.