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Plea Bargaining in India: A Critical Appraisal

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Plea Bargaining in India: A Critical Appraisal A. Introduction Plea bargaining, is the practice of an accused pleading guilty in exchange for a reduced sentence or lesser charges, has long been debated in criminal jurisprudence. While historically rooted in the United States, the concept was formally introduced into the Indian criminal justice system through the Criminal Law (Amendment) Act, 2005, which inserted Chapter XXI-A (Sections 265A–265L) into the Code of Criminal Procedure, 1973 (CrPC). The objective was to reduce delays, decongest courts and prisons, and provide speedy disposal of cases, without undermining the rights of the accused. B. History in Indian context Though formal plea bargaining entered Indian criminal law only in 2005, Indian history and ancient jurisprudence do show parallel practices where negotiated justice, confession in exchange for leniency, or settlement in criminal matters was recognized. Let me place these in a structured way: 1. Dharmashastra Tradition...
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The Fragile Pillar: Rebuilding Public Trust in the Indian Judiciary

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The Fragile Pillar: Rebuilding Public Trust in the Indian Judiciary Authored by The Spiritual Lawyer 🦅 +91 9823044282 Updated: 21 September 2026 20:20 “A trust deficit in the judiciary threatens the very foundation of our institution.” — Justice B. R. Gavai, addressing judicial officers in Gujarat on 19 October 2024, before becoming Chief Justice of India. For a litigant, public trust becomes concrete at the filing counter, during a hearing, and in the effort to enforce a decree. A farmer contesting a boundary, a woman seeking maintenance, a pensioner claiming retirement benefits, and a small business recovering unpaid dues all approach the judicial system with a common expectation: their grievance will receive an impartial hearing within a meaningful time. The judiciary’s authority is constitutional and legally enforceable; the Supreme Court also possesses powers to punish contempt. Public confidence gives that authority an enduring social foundation. People must be able to believe t...
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The Roadmap for Influencing the Global Economy Through the Legal Profession

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The Roadmap for Influencing the Global Economy Through the Legal Profession  The Roadmap for Influencing the Global Economy Through the Legal Profession lays out an ethical, strategic, and impact-driven approach for legal professionals aiming to make a significant contribution to shaping global economic systems. Below is a detailed breakdown that highlights the key steps for advancing this mission. 1. Foundational Education & Skill Development To influence the global economy, lawyers must first build a robust academic foundation and acquire a diverse skill set. A. Dual Degrees: A JD/LLM in International Law, Economics, or Business, such as a JD/MBA or LLM in Global Economic Law, will equip lawyers with the knowledge needed to operate at the intersection of law and global economics. B. Specialized Knowledge: Expertise in fields like international trade law, corporate governance, financial regulation, arbitration, and Environmental, Social, Governance (ESG) principles are critica...
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From Niyoga to IVF: The Evolution of Legal Parenthood from Ancient Indian Thought to Modern Family Law

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From Niyoga to IVF: The Evolution of Legal Parenthood from Ancient Indian Thought to Modern Family Law Introduction Few questions are as fundamental to family law as the question: Who is the parent of a child? At first glance, the answer appears obvious. The biological father and mother are the parents. Yet human societies have long recognized circumstances in which biological parentage, social parentage, and legal parentage do not necessarily coincide. The Mahabharata provides one of the most fascinating examples of this phenomenon through the stories of Pandu, Kunti, the Pandavas, and the ancient practice of niyoga. Thousands of years later, modern reproductive technologies such as IVF, donor conception, embryo donation, and surrogacy have revived many of the same fundamental questions. The technology has changed dramatically. The underlying question is not: “Is parenthood determined by biology, birth, intention, social relationship, or law?” An examination of niyoga alongside modern...
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Top Policy Issues in India Requiring Legal InterventionAugust–September 2026

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Top Policy Issues in India Requiring Legal Intervention August–September 2026 A. India’s legal and policy landscape has changed substantially since this article was first written in July 2025. Artificial intelligence governance, data-protection implementation, climate resilience, transgender equality, prison accountability, hate speech and electoral reform remain major areas in which lawyers can contribute through litigation, legislative drafting, compliance work and policy advocacy. 1. Artificial Intelligence, Deepfakes and Algorithmic Accountability AI-generated impersonation, financial fraud, non-consensual intimate imagery, political misinformation and synthetic audio-video evidence now pose serious legal and constitutional challenges. India is no longer limited to preliminary advisory papers. In November 2025, the Government unveiled the India AI Governance Guidelines, addressing matters such as transparency, accountability, risk management, data governance and responsible AI deve...
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How to Build a Career Influencing Policy as a Lawyer

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How to Build a Career Influencing Policy as a Lawyer 1. Master Constitutional and Administrative Law This is the backbone of policy litigation and advisory work. Deeply study constitutional provisions, administrative principles, and human rights law. Know landmark cases (like Kesavananda Bharati, Maneka Gandhi, Puttaswamy) by heart. Action: Take specialized courses or diplomas in constitutional/public law (national or international). Intern with senior advocates known for constitutional cases. 2. Develop a Policy and Legislative Mindset Policy influence isn’t just about winning court battles — it’s about understanding how laws are drafted, passed, and implemented. Study how ministries, law commissions, and think tanks operate. Learn legislative drafting (not just judgment writing). Action: Work on legislative analysis projects. Volunteer with think tanks like Vidhi Centre for Legal Policy, PRS Legislative Research, or NGOs. 3. Use Litigation Strategically (Not Emotionally) File PILs or...
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