India: Constitutional & Administrative Law

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Article
Labour Law May (2026) Labour Law Updates And Judgments
The Supreme Court examined the validity of Haryana Government's 2014 notifications that sought to regularize ad hoc employees, addressing the critical question of whether regularization without public advertisement violates principles of fair employment. The judgment distinguishes between employees appointed against sanctioned posts with proper qualifications versus those regularized arbitrarily based on length of service alone.
India Employment
HS
Hammurabi & Solomon
Article
From Overlap To Order: Recalibrating Registration Obligations Between Central Labour Codes And State Laws
The overlap between Central and State labour laws could be a source of complexity for employers in India. The constitutional principles suggest that central legislation ordinarily prevails over State laws on matters in the concurrent list. This issue came into focus pursuant to notification of the Occupational Safety, Health and Working Conditions Code, 2020 (“OSH Code”).
India Employment
J
JSA
Article
The Bombay High Court Holds That Service Bonds, Contractual Obligations, Or Administrative Instructions Cannot Curtail Fundamental Right To Maternity Leave
In a recent ruling, the Division Bench of the Bombay High Court, Nagpur Bench (“Bombay HC”) in Dr. Meenakshi Muthiah v. State of Maharashtra1, observed that the right to maternity leave is an integral facet of a woman’s fundamental right to life under Article 21 of the Constitution of India,1950 (“Constitution”) and cannot be curtailed by service bonds, contractual obligations, or administrative instructions. The Bombay HC emphasised that maternity leave cannot be treated as a break in service and that penalising a woman for availing maternity leave would undermine the dignity of motherhood and the constitutional mandate of social justice.
India Employment
J
JSA
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