Legal Issues in India

Abstract

Legal issues in India are vast and complex, ranging from constitutional matters and social reforms to economic and technological challenges. This article examines some of the most pressing and frequently discussed legal issues facing the Indian legal system today, including judicial backlog, federalism disputes, privacy rights, social justice concerns, and emerging challenges in the digital age. Through analysis of constitutional provisions, statutory frameworks, and landmark judicial pronouncements, this piece provides a comprehensive overview of India’s contemporary legal landscape.

I. Introduction

India’s legal system operates within a framework of constitutional democracy, balancing fundamental rights with governance imperatives, individual freedoms with social welfare, and tradition with modernization. As the nation continues to evolve, its legal infrastructure faces mounting pressures from demographic growth, technological advancement, and socio-political transformation. This article explores ten critical legal issues that define India’s current jurisprudential challenges, organized into four broad categories: Constitutional and Governance Challenges, Social and Human Rights Issues, Economic and Regulatory Issues, and Technology and Digital Law.

II. Constitutional and Governance Challenges

1. Judicial Backlog and Pendency

This is perhaps the most pressing issue in the system. Millions of cases are pending at all levels of the judiciary—the Supreme Court, High Courts, and subordinate courts—many of which have been pending for years and remain unresolved. This undermines the constitutional right to justice because “justice delayed equals justice denied,” and erodes public confidence in the judicial system. A shortage of judges and the lack of necessary infrastructure further complicate the delivery of speedy justice.

Low Judge-to-Population Ratio: India is among the countries with the lowest judge-to-population ratio in the world, necessitating significant expansion of judicial appointments and infrastructure.

Procedural Complexity: Outdated procedures, frequent adjournments, and excessive interlocutory applications contribute significantly to delays.

Filling Vacancies: Long-standing disputes between the judiciary (through the collegium system) and the executive regarding judicial appointments often lead to significant shortages in High Court benches. In my opinion, recruitment in India should now be conducted under an “Indian Judicial Service” model to address these systemic vacancies.

2. Centre-State Relations and Federalism

Legal and political disputes continue to arise over the division of powers between the central government and state governments. The division of powers is primarily set out in the Seventh Schedule of the Constitution, which contains three lists:

Union List (List I): Subjects on which only Parliament can legislate, such as defense, railways, banking, and foreign affairs.

State List (List II): Subjects on which only state legislatures can generally legislate, including public order, police, public health, sanitation, and local government.

Concurrent List (List III): Subjects on which both Parliament and state legislatures can legislate, such as criminal law, forests, education, and trade unions. If there is a conflict between a central law and a state law on a concurrent subject, the central law prevails under Article 254.

These constitutional divisions continue to generate legal disputes as the federal balance evolves with changing political and economic realities.

3. Right to Privacy and Surveillance

In the landmark Justice K.S. Puttaswamy (Retd.) v. Union of India judgment (2017),[1] the Supreme Court recognized the right to privacy as a fundamental right under Article 21. However, the legal limits on state surveillance and data collection—exemplified by debates surrounding the Aadhaar card and digital health records—remain subject to rigorous judicial scrutiny and the development of new data protection laws.

When it comes to the private sector, privacy protections remain inadequate. Banks, private schools, coaching institutes, and other organizations continue to share or sell personal information of their customers or students to other private institutions, leading to a steady increase in cyber fraud and cybercrime. This gap between constitutional recognition of privacy and practical enforcement represents a significant ongoing legal challenge.

III. Social and Human Rights Issues

4. Right to Education

The constitutional right enshrined in Article 21A was implemented through the enactment of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), which came into effect on April 1, 2010.[2]

The highlights of the RTE Act include:

Free Education: No child shall be required to pay any fee, charge, or expense that would prevent them from attending or completing elementary education (Classes 1 to 8).

Compulsory Education: State and local authorities have the legal responsibility to ensure the admission, attendance, and completion of elementary education for all children aged 6-14 years.

Quality Standards: The Act establishes norms and standards regarding pupil-teacher ratio (PTR), buildings and infrastructure, school working days, and teacher working hours.

No Detention Policy: The original Act stipulated no detention until Class 8. However, a 2019 amendment allowed states to reinstate detention at the end of Class 5 and Class 8.

Special Provision (25% Quota): Section 12(1)(c) of the Act requires all recognized private, unaided schools to reserve at least 25% of seats in their entry-level classes (Class 1 or pre-primary) for children from economically weaker sections (EWS) and disadvantaged groups. The state reimburses the private schools for this education.

In my opinion, the 25% quota provision requires reconsideration, as it may lead to increased enrollment in private schools while decreasing enrollment in government schools. The government should instead make proper arrangements in government schools so that they remain cleaner and better organized than private schools. Currently, the government is funding both government schools for free education and providing additional funding to private schools under the 25% quota, which may not represent the most efficient allocation of educational resources.

5. Gender Justice and Personal Law

India’s diverse personal laws—relating to marriage, divorce, inheritance, and adoption—are based on religious customs. The demand for a Uniform Civil Code (UCC) under Article 44 of the Constitution has been a long-standing contentious legal issue, pitting the goal of gender equality against the constitutional protection of religious freedom under Article 25. Key issues include women’s property rights and gender-based discrimination in religious practices.

Significant Supreme Court cases have consistently emphasized the need for a UCC to promote national unity and equality. In Mohd. Ahmed Khan v. Shah Bano Begum (1985),[3] the Supreme Court granted maintenance to a divorced Muslim woman under secular criminal law (Section 125 of the Criminal Procedure Code) and explicitly advocated the implementation of the UCC to ensure national unity. Later, in Sarla Mudgal v. Union of India (1995),[4] addressing the issue of conversion to avoid monogamy laws, the Court reiterated that “a common civil code would help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies.”

While women and transgender individuals face significant gender discrimination in various contexts, the path toward comprehensive gender justice requires balancing constitutional equality with cultural sensitivity and practical implementation challenges.

6. Hate Speech and Freedom of Speech

The legal balance between the fundamental right to freedom of speech and expression under Article 19(1)(a) and reasonable restrictions on that right under Article 19(2)—which covers public order, decency, and incitement to an offense—is constantly debated. Legal challenges often arise regarding laws targeting sedition and defamation, as well as the regulation of objectionable content on social media and digital platforms where religious and communal comments proliferate.

The conflict between the regulation of hate speech and freedom of expression in India poses a fundamental challenge to the integrity of its constitutional democracy. Article 19(1)(a) enshrines freedom of expression as a cornerstone of personal liberty, while Article 19(2) permits reasonable restrictions to protect communal harmony and public order. The problem, however, lies not in the constitutional framework but in the vague and overly broad language of the penal code, which fails to clearly define hate speech or establish sufficiently stringent criteria for its prohibition.

Resolving this tension requires the legislature to enact narrowly tailored legislation limited to expressions that directly and imminently incite violence or perpetuate systemic discrimination. Simultaneously, judicial interpretation should reinforce the standard of “incitement to commit an offense” as the key doctrinal filter, ensuring that the justification of protecting public order is not misused to suppress legitimate political dissent or social criticism—expressions that remain the lifeblood of India’s democratic discourse.

7. Rights of Sexual Minorities (LGBTQIA+)

While the Supreme Court decriminalized consensual homosexual conduct in Navtej Singh Johar v. Union of India (2018),[5] the legal recognition of marriage, adoption, and inheritance rights for LGBTQIA+ couples remains a major unresolved legal issue. This involves balancing constitutional morality with the existing legal framework, though significant public opposition persists.

In 2023, the Supreme Court in Supriyo @ Supriya Chakraborty v. Union of India[6] declined to legalize same-sex marriage or civil unions, leaving the matter to the legislature. This legal prohibition excludes queer couples from over a hundred legal rights, including joint adoption, inheritance, and spousal medical decision-making rights. This denial creates a constitutional dilemma: identity is legally protected following Navtej Singh Johar, but the family structures that flow from that identity remain legally unrecognized, violating the principle of equal citizenship. The path to full equality now depends on legislative reform to amend the Special Marriage Act, 1954, and other personal laws to fully fulfill the constitutional promise of dignity for all citizens.

IV. Economic and Regulatory Issues

8. E-commerce and Competition Law

The rapid growth of large e-commerce platforms has raised legal concerns about predatory pricing, anti-competitive behavior, data capture, and unfair trade practices. The Competition Commission of India (CCI) is increasingly tasked with delineating market boundaries and regulating digital monopolies to ensure a level playing field for all market participants, particularly small and medium enterprises competing with platform giants.

9. Environmental Governance and Enforcement

India has strong environmental laws, such as the Environment Protection Act, 1986,[7] but their enforcement remains inadequate. Key challenges include:

Inter-State Water Disputes: Legal and political battles over the sharing of river waters continue, exemplified by disputes over the Cauvery and Krishna rivers.

Pollution Control: Establishing legal accountability for large-scale industrial pollution and enforcing air and water quality standards remain ongoing challenges. The National Green Tribunal (NGT), established under the National Green Tribunal Act, 2010,[8] serves as a specialized forum for environmental disputes, yet implementation and compliance gaps persist.

V. Technology and Digital Law

10. Regulation of Artificial Intelligence and Deepfakes

There exists a growing legal vacuum regarding the governance of artificial intelligence. Critical issues include intellectual property rights over AI-generated content, liability for decisions made by autonomous systems, and the legal and ethical implications of deepfakes, which challenge electoral integrity and personal reputation. India is currently developing comprehensive digital legislation to address these emerging concerns, though the rapidly evolving nature of technology presents ongoing regulatory challenges.

VI. Conclusion

The legal challenges facing India reflect the complex interplay between constitutional aspirations, practical governance, social transformation, and technological progress. From judicial backlog that undermines access to justice, to federalism disputes that test constitutional boundaries, to emerging questions about digital privacy and artificial intelligence, India’s legal system must continuously adapt to serve its diverse population of over 1.4 billion people.

While the constitutional framework provides a robust foundation, effective resolution of these issues requires coordinated action across multiple fronts: legislative reform to address gaps and ambiguities, judicial interpretation that balances rights with responsibilities, administrative capacity building to improve enforcement, and technological infrastructure to modernize legal processes. The path forward demands not only legal expertise but also political will, social consensus, and sustained commitment to the constitutional values of justice, liberty, equality, and fraternity.

As India navigates these challenges, the fundamental question remains: how can the legal system maintain fidelity to constitutional principles while remaining responsive to the evolving needs of a dynamic, diverse democracy? The answer will shape not only India’s legal landscape but also its broader trajectory as a democratic republic in the 21st century.

References

[1] Justice K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1 (India).
[2] Right of Children to Free and Compulsory Education Act, No. 35 of 2009, INDIA CODE (2009).
[3] Mohd. Ahmed Khan v. Shah Bano Begum, (1985) 2 SCC 556 (India).
[4] Sarla Mudgal v. Union of India, (1995) 3 SCC 635 (India).
[5] Navtej Singh Johar v. Union of India, (2018) 10 SCC 1 (India).
[6] Supriyo @ Supriya Chakraborty v. Union of India, Writ Petition (Civil) No. 1011 of 2022 (India), decided Oct. 17, 2023.
[7] Environment (Protection) Act, No. 29 of 1986, INDIA CODE (1986).
[8] National Green Tribunal Act, No. 19 of 2010, INDIA CODE (2010).

Additional Resources

For further research on Indian legal issues, the following resources may be consulted: AIR Online (www.aironline.in), Law Bhoomi (www.lawbhoomi.com), Wikipedia legal entries (www.wikipedia.org), and Indian Kanoon case database (www.indiankanoon.org). Readers are encouraged to verify current statutory provisions and recent case law, as legal developments occur continuously.