Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 11 MAY 2020

MHA Order Dated March 29, 2020: Proportionality And Necessity Arguments

King, Stubb & Kasiva
King, Stubb & Kasiva
Contributor
King, Stubb & Kasiva

King, Stubb & Kasiva

King Stubb & Kasiva is few of the top corporate law firms in India with offices in Bengaluru,...

View firm profile
Explore more from King, Stubb & Kasiva

Amidst Covid 19 pandemic, one of the widely discussed topics is the legal validity of the order dated March 29, 2020 ("Order") issued by the Ministry of Home Affairs.

IndiaGovernment, Public Sector
Prithiviraj Senthil Nathan
Prithiviraj Senthil Nathan
Author LinkedIn connections

Amidst Covid 19 pandemic, one of the widely discussed topics is the legal validity of the order1 dated March 29, 2020 ("Order") issued by the Ministry of Home Affairs ("MHA"). It is pertinent to note that the MHA has issued the Order vide its powers conferred under Section 10(2)(1) of the Disaster Management Act, 2005 ("DMA") mandating the employers to pay wages to their workers on due date without any deduction for the period of lockdown. As on May 02, 2020, there are nine petitions filed before the Supreme Court of India (SCI/Court") challenging the Order with the Court refusing to grant an interim stay. The Court in all these petitions had issued notice to the Union of India to file its reply within two weeks (with the hearing last listed on April 27, 2020). Recently, the Bombay High Court in Align Components Private Limited and Another vs. Union of India2 has acknowledged this but went on to clarify in cases where workers who voluntarily remain absent in the areas

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

https://ksandk.com/

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

See more popular content from

Article

Punjab And Haryana High Court Strikes Down JAO - FAO Retrospective Amendment As Unconstitutional

The Hon’ble Punjab and Haryana High Court (HC) in Jyoti Sareen vs. UOI & Others (CWP No. 15791-2024 (O&M)) (Order) held the retrospective amendments carried out vide the Finance Act, 2026, with respect to the powers of the Jurisdictional Assessing Officer (JAO) to issue a reopening notice under section 148 (Reopening Notice) of the Income-tax Act, 1961 (IT Act), as unconstitutional, being violative of the ‘doctrine of separation of powers’ and thus violative of Article 14 of the Constitution of India.
IndiaGovernment, Public Sector
Khaitan & Co.
Khaitan & Co.
Article

Acquisition By An FOCC Of An Indian Company: Pricing Conditions For Resident And Non-resident Shareholders

A FOCC refers to an Indian entity that has received foreign investment and is ultimately owned or controlled by persons resident outside India. Although incorporated in India under the Companies Act, such entities are treated differently from domestically owned and controlled Indian companies for the purposes of foreign investment regulation and downstream investment structuring. Consequently, an FOCC, despite being an Indian incorporated entity, is subject to regulatory conditions applicable to foreign investment while undertaking investments into other Indian entities.
IndiaGovernment, Public Sector
LegaLogic
LegaLogic
Article

DPDP Data Breach Notification In India: Timelines, Requirements And Key Compliance Considerations

A personal data breach can create immediate legal, operational, and reputational consequences for an organisation. Under India’s Digital Personal Data Protection Act, 2023 (DPDP Act) and the Digital Personal Data Protection Rules, 2025 (DPDP Rules), specific obligations have been prescribed for Data Fiduciaries following a personal data breach. While organisations may already have broader data protection and cybersecurity measures in place, breach notification requires a distinct and time-sensitive response. The DPDP framework requires communication both to affected Data Principals and to the Data Protection Board of India.
IndiaPrivacy
King, Stubb & Kasiva
King, Stubb & Kasiva
Article

Cross-Border Data Transfers Under India’s DPDP Act: Rules, Restrictions And Compliance Roadmap For 2027

India’s Digital Personal Data Protection Act, 2023 (DPDP Act) introduces a relatively permissive framework for the cross-border transfer of personal data from India. Unlike the European Union’s GDPR, which relies extensively on adequacy decisions and prescribed transfer safeguards, the DPDP framework adopts a negative-list approach: international transfers are generally permitted, subject to restrictions that may be notified by the Central Government.
IndiaPrivacy
King, Stubb & Kasiva
King, Stubb & Kasiva
Article

Data Retention And Deletion Under The DPDP Act: How Long Can Businesses Retain Personal Data In India?

India’s data protection framework has moved from legislation to implementation. With the Digital Personal Data Protection Act, 2023 (“DPDP Act”) and the Digital Personal Data Protection Rules, 2025 (“DPDP Rules”) now notified, organizations processing personal data in India need to reassess how long they retain personal data, why they retain it, and how they ultimately delete or anonymize it.
IndiaPrivacy
King, Stubb & Kasiva
King, Stubb & Kasiva
Article

CCPS In India: Why Compulsorily Convertible Preference Shares Remain Central To Venture Capital And M&A Transactions

Compulsorily Convertible Preference Shares (CCPS) remain one of the most widely used instruments for venture capital and private equity investments in Indian companies. Their appeal lies in the ability to combine equity classification with negotiated economic and governance protections. But CCPS are not governed by a single, standalone statutory framework. Their legal treatment is instead shaped by the Companies Act, FEMA and foreign investment rules, tax law, and, where applicable, SEBI regulations.
IndiaCorporate/Commercial Law
King, Stubb & Kasiva
King, Stubb & Kasiva
Article

What Happens To Existing SPDI Rules After Full DPDP Enforcement?

India’s data protection landscape is undergoing its most significant shift in over a decade. The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI Rules”), have long formed the core of personal data protection obligations under the Information Technology Act, 2000 (“IT Act“) for body corporates handling sensitive personal data or information.
IndiaPrivacy
King, Stubb & Kasiva
King, Stubb & Kasiva
Article

DPDP Act And Rules 2025: The 2026 Compliance Milestones Businesses Can’t Afford To Miss

India’s data protection regime has moved well past the discussion stage. With the Digital Personal Data Protection Rules, 2025 (“DPDP Rules”) notified by the Ministry of Electronics and Information Technology (“MeitY”) on 13 November 2025, the Digital Personal Data Protection Act, 2023 (“DPDP Act”) now has a defined implementation roadmap, and 2026 is the year businesses should be using to prepare for substantive compliance.
IndiaPrivacy
King, Stubb & Kasiva
King, Stubb & Kasiva
Article

Banking & Finance Updates September 2026

In August 2026, the Reserve Bank of India (RBI) released the draft Reserve Bank of India (Interest Rates on Loans and Advances) Directions, 2026, proposing a comprehensive framework for the way regulated entities determine and apply interest rates on loans. While the Indian banking sector has long operated under a patchwork of institution specific instructions, the draft Directions seek to bring much-needed consistency to interest rate regulation across banks, cooperative banks, regional rural banks (RRBs), all-India financial institutions and NBFCs. If finalised in their present form, the Directions will come into effect from 1 April 2027.
IndiaFinance and Banking
King, Stubb & Kasiva
King, Stubb & Kasiva
Article

Direct Tax Newsletter - Sep - Oct 2026

The CBDT, through its press release dated 28 September 2026, has extended the due date for furnishing the Return of Income for Assessment Year 2026-27 in the case of persons covered under the specified category in the table to Explanation 2 to section 139(1) of the Income-tax Act, 1961, i.e. persons whose accounts are subject to audit under the Act. The original due date for furnishing the return was 31 October 2026. The CBDT has extended this date by 21 days, and the revised due date is 21 November 2026.
IndiaTax
King, Stubb & Kasiva
King, Stubb & Kasiva
Article

How Does The DPDP Act Regulate AI Training And Automated Decision-Making In India

The rapid adoption of artificial intelligence (“AI”) has brought data protection considerations into the design, training and deployment of AI systems. AI models may be trained using datasets containing names, images, text, identifiers, behavioural information or other data that can relate to identifiable individuals. AI systems may also process personal data when they are deployed for purposes such as recruitment, credit assessment, insurance, healthcare, customer profiling or content moderation.
IndiaPrivacy
King, Stubb & Kasiva
King, Stubb & Kasiva
Article

Website Compliance Under India’s DPDP Act: 15 Key Legal Requirements For Businesses

For businesses operating websites, mobile applications and digital platforms in India, privacy compliance is moving beyond the traditional practice of publishing a privacy policy and cookie banner. The Digital Personal Data Protection Act, 2023 (“DPDP Act”), read with the Digital Personal Data Protection Rules, 2025 (“DPDP Rules”), establishes a broader framework governing the collection and processing of digital personal data.
IndiaPrivacy
King, Stubb & Kasiva
King, Stubb & Kasiva