Bhrigu A. Pamidighantam
Bhrigu is a lawyer and writer practicing in the Courts in Delhi. He is an alumnus of the UC Berkeley School of Law and Jindal Global Law School.
-
45–68 minutes
Beyond the Prompt: Rethinking Legal Credit in Biased AI-Generated Expression
Abstract As Artificial Intelligence becomes integral to human creative processes, “centaur creators” – human-AI collaborations – raise complex questions around authorship, bias, and accountability. These teams enhance productivity and innovation, but the AI components frequently reproduce the structural biases embedded in their training data (Agrawal, Gans and Goldfarb, 2018; Eckert,…
-
27–40 minutes
Bridging Equality – Affirmative Action and Constitutional Interpretation in the US and India
Introduction Affirmative action policies in educational institutions have sparked profound legal discourse across the globe, particularly within pluralistic democracies such as the United States and India, where the pursuit of equality remains a cornerstone of constitutional interpretation. This paper examines the landmark Supreme Court of the United States (“SCOTUS”) decision…
-
6–9 minutes
AI and Biases – an Inquiry into the ‘Truth’
“A thing is a thing, not what is said of that thing” – Riggan Thompson, Birdman 26 May, 2020 (Published on Advait World on November 30, 2023 Co-authored with Prof (Dr.) Arnab Bose, O.P. Jindal Global University. It is the year 2023 and roughly six-years following the James Damore v. Google…
-
10–15 minutes
Gandhi’s “Experiments” with Western Civilization
29 November, 2020 “Who truly was Mahatma Gandhi before he spearheaded the Indian independence movement?” The answer to this quintessential question unquestionably lies predominantly in the seminal text ‘Hind Swaraj’ – a political manifesto, penned by the man himself, that launched a scintillating charge against colonialism and Western civilisation (inter alia)and their…
-
12–19 minutes
Beyond the Mahatma’s Hermeneutical take on Abrahamic religious imports to the Sub-continent
At the turn of the 20th Century, whilst the movement for Swaraj ensued to emancipate the Indian sub-continent from the tyranny inflicted by British Imperialism, the war had to be fought on multiple fronts in the form of politico-ideological, religious and socio-cultural reformationist battles. The dialogical exchange and literature penned by Mohandas Karamchand…
-
14–21 minutes
Extending the Frontiers of ‘Compounding of Offences’ under Section 320 of the CrPC
The finest hour of justice arrives propitiously when parties, despite falling apart, bury the hatchet and weave a sense of fellowship or reunion…. We consider it a success of the finer human spirit over its baser tendency for conflict.” [1] The Supreme Court of India in Shakuntala Sawhney v. Kaushlya Sawhney, (1979)…
-
4–5 minutes
(Circum)navigating anti-competitive practices during the pandemic
October 13, 2020 The outbreak of the COVID-19 pandemic has had the ramifications of economies worldwide coming to a standstill, markets being disrupted and unemployment on a rampant rise. While the pandemic has unmasked the fragilities of our market systems and supply chains – making companies question the very modus operandi in terms of engaging in…
-
5–8 minutes
The ‘Anti-Dumping’ Agreement And “Public Interest” – Liberalisation For The Win
Anti-dumping law, as practiced today, is a witches’ brew of the worst of policy making: power politics, bad economics, and shameful public administration”.[1] – Dr. Michael Finger May 7, 2020 The 20th Century witnessed the “developed” States in the Global North actively push for ‘free trade’ and the liberalisation of markets worldwide, especially those of the “developing” Global…
-
12–18 minutes
The ‘Standards of Living’ in Mughal India: Worlds Apart
If it was the prevalence of the notion that the Indian sub-continent was a land laden with knowledge, riches and economic opportunity – the metaphorical ‘Golden Bird’, it was this very notion that attracted foreign interests, ultimately paving the way to the demise of this notion. A wide array of historical…
-
10–16 minutes
The Indian Tryst with Destiny … And Licenses
Examining the ramifications of the ‘License-Permit-Quota Raj’ on the Indian Economy On the eve of 15 August 1947, as Pandit Jawaharlal Nehru addressed the nation with the historical ‘Tryst with Destiny’ speech marking Indian independence from a decade shy of two-hundred years of colonialism inflicted by the British, India was plagued with…
-
7–10 minutes
Centre v. State: India’s Legislative Dynamics
February 24, 2020 Introduction The topic of legislative competence is vast and contentious. The Constitution of India, 1950 has defined the territorial jurisdiction under Article 245 and its relevant subjects within Article 246. The present status of law has combined the two distinct concepts of competence with repugnance. The Indian…
-
11–16 minutes
Hate Speech on Social Media: Are self-regulative measures enough?
October 31, 2019 Sticks and stones could break our bones, but the internet was only ever seen as an invention for progress. Spurred by the commercialisation of the internet and its mass accessibility to users worldwide, seemingly innocent web-based interfaces, initially designed with the motive of “making friends and meeting…
-
11–16 minutes
The ‘Right to erasure’ in India vis-à-vis the Personal Data Protection Bill
October 31, 2019 This is the 21st Century and the ‘digital age’ has dawned on us as we edge towards the ‘Internet of Things’. Every minute, over two-hundred million e-mails are communicated globally, more than seven million photos are shared, and two million eight hundred thousand people react to posts on…
-
12–17 minutes
Decrypting ‘Conflict of Interest’ – Anathema to Modern Indian Cricket
25 October, 2019 Bhrigu A. Pamidighantam One-hundred and sixty-five years into the establishment of the “no conflict rule” in the Aberdeen Railway Case,[1]‘conflict of interest’ persists to be a major challenge in legal practice and jurisprudence alike. It has attained a special relevance in the field of Sports Law and governance…
-
8–12 minutes
Blockading the ‘Mauritius Route’
October 12, 2019 Actors Amitabh Bachchan and Aishwarya Rai, Industrialists Vinod Adani of the Adani Group and Shishir Bajoria of S.K. Bajoria Steels, Dawood Ibrahim’s right-hand man Iqbal Mirchi and part-time liquor baron and “full-time renegade” Vijay Mallya. All these names have one thing in common – being named in…
-
12–17 minutes
The Fundamental Right to be Forgotten
October 5, 2019 It is the 21st Century and the ‘digital age’ has dawned on us as we edge towards the ‘Internet of Things’ . Every minute, over two-hundred million e-mails are communicated globally, more than seven million photos are shared, and two million eight hundred thousand people react to posts on a…
-
9–13 minutes
‘Hate speech’: A critical comparison between Indian and ICERD standards
September 9, 2019 On 21st December 1965, the United Nations General Assembly (hereinafter referred to as ‘UNGA’) adopted theInternational Convention on the Elimination of all Forms of Racial Discrimination (hereinafter abbreviated as ‘ICERD’) as a response to the stark increase in racially aggravated crimes – also sometimes referred to as ‘hate crimes’…
-
6–9 minutes
The Rule of ‘Dharma’
Tracing the ‘Rule of Law’ in Ancient India 9 May, 2019 “Power corrupts, absolute power corrupts absolutely.” Lord Acton’s dictate from 1887 stands as testament, resonating the quintessential problems of administrative law pertaining to power and its exercise in civil societies since time immemorial. Administrative law is a recognised branch of…
-
9–13 minutes
Confidentiality in Arbitration
An Analysis of The Indian Context Through the Srikrishna Committee Report of 2018 April 6, 2019 In the ever-dynamic milieu of dispute resolution in the legal realm, especially in the corporate context, it may be observed that institutions of arbitration and mediation have significantly risen to prominence and are being increasingly preferred…
-
13–19 minutes
The Enrica Lexie Incident
March 24, 2019 Introduction This analytical note investigates the recent orders in the Enrica Lexie case (The Republic of Italy v. The Republic of India) for provisional measures delivered by, both, the International Tribunal for the Law of Seas (ITLOS) and subsequently the Permanent Court of Arbitration (PCA Tribunal) – constituted under Article 290…
-
6–9 minutes
Diversification of Corporate Opportunities: A Pragmatic Way Forward
March 18, 2019 In an ever-dynamic economic milieu, where the conventional duties associated with the time-honoured roles in a corporate framework have evolved in a playfield where it has become imperative to strike an equilibrium between directorial entrepreneurialism and the traditional notion of ensuring the director’s undivided loyalty to the company.…
-
14–21 minutes
The Lord of the Flies: A Platonist Critique of Democracy and an Analytical Understanding of Machiavellian Politics
Nobel laureate William Goulding’s 1954 novella – ‘The Lord of the Flies’ revolves around a group of pre-adolescents survivors of a plane crash and are stranded on an uninhabited island. The three main survivors – Ralph, Piggy and Jack Merridew are the archetype of human fallibility and soon form a…
-
11–16 minutes
The Dawn of Juristocracy?
“We are under a Constitution, but the Constitution is what us – the Judges, say it is.” – Justice Charles E. Hughes November 21, 2018 Over a hundred years have passed since the Chief Justice of the United States of America – Justice Charles Evans Hughes, whilst addressing the Chamber…
-
8–12 minutes
The Concept of ‘Kshama’ in Indian Criminal Justice
October 31, 2018 “What is tolerance? It is the consequence of humanity. We are all formed of frailty and error; let us pardon reciprocally each other’s folly – that is the first law of nature” – Voltaire When 18th Century French enlightenment thinker – Voltaire talks about ‘tolerance’, he speaks of it…
-
8–12 minutes
Is State Privilege a Dead Letter?
May 5, 2018 We the people of India, on 26th January 1950, solemnly resolved to secure to all citizens of this country – Justice, Liberty, Equality and Fraternity through the implementation of the Constitution to secure these ideals. This model of equality, not restricted to other avenues, was extended to ‘equality…
-
37–56 minutes
Revisiting the Piercing the Corporate Veil Doctrine
An incorporated company, from its very inception, is treated as a separate legal entity – firmly entrenched in its autonomous structure – distinguishing itself from its board of directors, shareholders and employees. This attribute of a company of possessing a “separate legal personality” was laid down in 1897 by the House…
-
4–7 minutes
The Jain Practice of Sallekhana: A Legal Perspective
November 6, 2017 Through this paper, I wish to shed light upon the Jain practice of ‘Sallekhana’ or ‘Santhara’ and how will argue why the judgement Nikhil Soni v. Union of India is flawed in categorising ‘Sallekhana’ as suicide. Jainism – one of the ancient religions of the subcontinent – is known…
-
10–15 minutes
Czechia’s Inheritance Laws and its Transformation as a Liberal Democracy
12 May, 2017 In November 1989, as the East Germans made their first forays into the Western part of the country, a telling graffiti appeared on the Berlin Wall: “They came, they saw, they did a little shopping.” This comical take on the Berliners using their hard-won political freedom to…
-
8–13 minutes
Social Boycott: Legal Implications and Analysis
November 28, 2016 In his tome – ‘The Social Contract’, Jean-Jacques Rousseau famously said, “Man is born free but, always in chains.” John Locke and other natural law theorists believe man is born with certain inalienable rights. It can further be inferred from Aristotle’s quote: “Man is a social animal” that…
-
4–6 minutes
What if Roe Was Indian? Roe v. Wade through the Indian Lens
November 14, 2016 1971, Austin, Texas. Norma McCorvey, (under the pseudonym of Jane Roe to protect her identity) a 21-year old pregnant woman filed a case against the District Attorney of Dallas County – Henry Wade – who had worked towards the enforcement of a law rendering abortions unconstitutional in United…
-
7–11 minutes
The Virtual Age
October 5, 2016 On the momentous day of February 15, 1946, the very first electronic general-purpose computer came into being. The ‘ENIAC’ could perform basic addition and multiplication – 35 calculations per second to be precise. It was ‘Turing-complete’ and could solve a large class of numerical calculations through reprogramming. Less…
-
2–3 minutes
McDonaldisation of Society
September 27, 2016 George Ritzer has written about the “McDonaldization of Society”. What do you understand by this, and is it a good way of describing many features of the modern world in which we now live? Imagine a world where the society adopts the characteristics of a fast-food restaurant.…
-
7–10 minutes
Understanding Alienation Rights in Property Law
Over the course of history, numerous legal scholars and academicians including John Locke[1] and Richard Overton[2] have hailed the ‘right to property’ as being the cornerstone of natural and inalienable rights bestowed upon humankind. This right has become central to the ideals of Liberal Democracies all around the world, including India – where…
Bhrigu A. Pamidighantam 