BRICS Summit 2026: New Delhi Declaration & Legal Impact on India

BRICS Summit 2026: What the New Delhi Declaration Means for India, Businesses and International Trade

The BRICS Summit 2026 in New Delhi has placed India at the centre of an important debate over the future of global trade, cross-border payments, international arbitration, artificial intelligence, investment and the reform of international institutions. But what does the New Delhi Declaration actually mean for Indian businesses and the legal landscape?

The 18th BRICS Summit was held in New Delhi in September 2026 under India’s chairship, with a broad focus on resilience, innovation, cooperation and sustainability.

At the conclusion of the Summit, BRICS leaders adopted the New Delhi Declaration, setting out a wide-ranging agenda covering international trade, financial cooperation, terrorism, artificial intelligence, intellectual property, critical minerals, sustainable development, cross-border payments and dispute resolution.

For India, the significance of the BRICS Summit 2026 extends well beyond foreign policy. Several proposals and policy directions emerging from the Summit could have important long-term consequences for Indian companies trading internationally, foreign investors entering India, Indian companies investing overseas, banks, financial institutions, technology businesses, infrastructure players, exporters and importers.

From a legal perspective, one of the most important developments is the increasing emphasis on reliable mechanisms for resolving cross-border commercial disputes, including arbitration and mediation. That makes the 2026 Summit particularly relevant for businesses and professionals engaged in international transactions.

What Is BRICS?

BRICS began as a grouping of major emerging economies comprising Brazil, Russia, India, China and South Africa. It has since expanded and evolved into a wider platform for cooperation among major emerging economies and countries of the Global South.

Its significance lies not merely in the size of its member economies, but in the effort to influence how future international economic rules, institutions and financial mechanisms develop.

BRICS cooperation now extends across political and security issues, economic and financial matters, technology, sustainable development, infrastructure, trade and people-to-people engagement.

Why Was the BRICS Summit 2026 Important for India?

India hosted the 2026 Summit at a time of substantial geopolitical and economic uncertainty. International commerce is increasingly affected by tariffs, trade restrictions, sanctions, disruption of global supply chains, export controls, technology restrictions, energy-security concerns, currency risks and regulatory divergence.

Against that background, India used its BRICS chairship to emphasise the interests of developing economies and the Global South, while also supporting reform of international institutions and greater representation for emerging economies in global decision-making.

For Indian businesses, however, the practical question is not merely what the Summit said, but how increased BRICS cooperation may affect actual contracts, investments, payments and disputes.

1. BRICS and International Trade: What Changes for Indian Businesses?

A central theme of the BRICS New Delhi Declaration is the need for an open, inclusive, transparent and predictable international trading environment.

Recent global trade disputes have shown how quickly tariffs, sanctions, export controls and regulatory restrictions can alter the economics of an international contract. For Indian companies involved in global trade, geopolitical risk therefore needs to be considered at the contract-drafting stage.

International contracts should increasingly address sanctions, export controls, change in law, tariffs, force majeure, currency restrictions, payment interruption, termination rights and alternative supply arrangements.

A contract that is commercially viable when signed may become difficult or impossible to perform if the legal or regulatory environment changes. Indian companies expanding into BRICS markets should accordingly undertake jurisdiction-specific legal and regulatory due diligence before entering long-term arrangements.

2. BRICS Local Currency Payments: Is BRICS Moving Away From the Dollar?

One of the most discussed subjects surrounding BRICS is whether the grouping intends to reduce reliance on the US dollar.

The more practical development is the continuing discussion around greater use of national currencies in trade settlements and investment, together with efforts to make cross-border payments faster, less expensive and more accessible.

The 2026 Summit should not be treated as having created a common BRICS currency. For businesses, the more relevant issue is whether bilateral or multilateral trade increasingly shifts toward settlement in national currencies.

If that trend grows, contracts will need to deal carefully with currency denomination, exchange-rate fluctuations, conversion mechanisms, banking channels, repatriation of funds, payment delays, regulatory approvals and fallback currencies.

For Indian companies, such arrangements must continue to comply with the Foreign Exchange Management Act, 1999, applicable Reserve Bank of India regulations and other foreign-exchange requirements. Political cooperation does not override domestic financial regulation.

3. Cross-Border Payments Could Become a Major BRICS Priority

BRICS continues to explore greater interoperability between payment and financial messaging systems, with the objective of facilitating cross-border payments that are efficient, transparent and secure.

If such initiatives become operational, they may have substantial commercial consequences for exporters, importers, SMEs, multinational companies, infrastructure projects and technology businesses.

However, any alternative payment arrangement will still have to satisfy national laws relating to anti-money laundering, foreign exchange, taxation, sanctions compliance, beneficial ownership and banking regulation.

4. BRICS Summit 2026 Gives Significant Importance to Arbitration and Mediation

One of the most legally significant aspects of the BRICS agenda is the recognition that increased cross-border commerce must be accompanied by efficient and reliable dispute-resolution mechanisms.

For Indian businesses entering transactions with counterparties across BRICS jurisdictions, dispute-resolution clauses should not be treated as boilerplate.

Before signing a cross-border contract, parties should determine the governing law, whether disputes will be decided by courts or arbitration, the seat of arbitration, the applicable institutional rules, the language of the proceedings, the appointment mechanism for arbitrators, the availability of interim relief and the jurisdictions in which an eventual judgment or award may require enforcement.

A favourable award has limited commercial value if it cannot ultimately be enforced against the counterparty or its assets. Businesses should therefore consider enforcement strategy when the contract is negotiated, not only after a dispute arises.

5. BRICS, Artificial Intelligence and Technology Regulation

Artificial intelligence and the digital economy have become increasingly important parts of the BRICS agenda.

For technology companies, the legal implications may be significant. AI businesses operating across multiple jurisdictions already face different rules concerning personal data, cybersecurity, intellectual property, consumer protection, liability, algorithmic accountability, cross-border data transfers and the use of copyrighted material.

Greater BRICS cooperation may gradually influence international standards in these areas. Until harmonised rules emerge, however, businesses must continue to assess compliance separately in every jurisdiction in which their systems are developed, deployed or offered.

6. BRICS, Artificial Intelligence and Intellectual Property

Artificial intelligence has also sharpened the debate around intellectual-property rights. Questions increasingly arise over whether copyrighted material may be used to train AI systems, how rights holders should be compensated, and who owns or bears liability for AI-generated outputs.

For India, these debates could influence the future development and interpretation of copyright law, licensing arrangements, AI contracts and liability for unauthorised use of protected content.

Businesses developing AI products should therefore treat intellectual-property compliance as a core part of technology governance rather than an afterthought.

7. BRICS, Infrastructure and the New Development Bank

Infrastructure remains an important area of BRICS cooperation, including project finance, public-private partnerships and development funding.

Greater BRICS-linked infrastructure investment could create opportunities in renewable energy, transportation, logistics, urban infrastructure, digital infrastructure, manufacturing and sustainable development.

For lawyers and businesses, such projects typically involve complex issues relating to project finance, concession agreements, procurement, construction contracts, government approvals, land, environmental regulation, foreign investment and arbitration.

8. Critical Minerals and Supply-Chain Security

Critical minerals are increasingly central to modern industrial policy because they are essential for batteries, electric vehicles, electronics, renewable-energy systems and advanced manufacturing.

For Indian businesses, diversification of critical-mineral supply chains may create opportunities while reducing dependence on concentrated sources of supply.

Transactions in this sector can involve mining rights, environmental approvals, foreign investment, long-term offtake agreements, taxation, financing and cross-border dispute resolution.

9. Terrorism, Financial Compliance and Cross-Border Transactions

Security and counter-terrorism cooperation may appear separate from commercial law, but they increasingly intersect with international financial compliance.

Anti-money-laundering regulation, Know Your Customer requirements, beneficial ownership disclosure, sanctions screening, banking compliance and counter-terror financing obligations directly affect international transactions.

Businesses operating across borders should therefore ensure that counterparties, ownership structures and payment pathways are adequately vetted under applicable law.

10. India-China Relations and Their Business Impact

BRICS also provides an important diplomatic platform for India and China, whose bilateral relationship has major commercial implications because of the scale of trade and the importance of Chinese inputs in several industrial sectors.

Businesses should nevertheless distinguish diplomatic engagement from legal or regulatory liberalisation.

Foreign investment into India continues to be regulated by Indian law, including approval requirements applicable to certain investments from countries sharing a land border with India. Positive political developments do not by themselves alter foreign direct investment rules, national-security scrutiny, technology regulation or sector-specific approvals.

Is BRICS Creating a New Global Legal Order?

That conclusion would presently be premature.

BRICS is not a supranational legislature, and a BRICS declaration does not automatically amend Indian law or create privately enforceable rights for businesses.

Its significance lies in the direction of travel. BRICS countries are increasingly cooperating in areas that directly influence international commerce, including trade, payments, finance, infrastructure, technology, artificial intelligence, intellectual property and commercial dispute resolution.

If these initiatives develop into treaties, domestic legislation, regulatory frameworks, institutions or operational payment mechanisms, they may increasingly influence how Indian companies conduct international business.

What Should Indian Businesses Do After the BRICS Summit 2026?

Indian businesses should not alter contractual or investment structures merely because a BRICS declaration has been adopted. They should, however, follow the developments closely.

Companies trading within BRICS markets should review cross-border contract structures, governing-law provisions, arbitration clauses, sanctions exposure, foreign-exchange compliance, payment mechanisms, intellectual-property protection, data regulation and enforcement risks.

Businesses entering new jurisdictions should also undertake appropriate legal due diligence before committing capital, transferring technology or creating long-term commercial dependencies.

The opportunities created by greater BRICS cooperation could be considerable. So could the legal complexity.

Conclusion: What BRICS Summit 2026 Means for India

The BRICS Summit 2026 and the New Delhi Declaration demonstrate how significantly the grouping has evolved.

BRICS is no longer concerned only with cooperation among emerging economies. It increasingly seeks to influence debates surrounding the international financial system, global trade, technology governance, development finance and dispute resolution.

For India, the Summit reinforces its growing role in the Global South and in international economic diplomacy.

For Indian businesses, perhaps the most important legal lesson is that greater cross-border trade must be matched by stronger contract drafting, regulatory compliance, payment planning and dispute-resolution strategy.

Whether every initiative announced through BRICS ultimately becomes operational remains to be seen. However, Indian businesses entering increasingly complex international markets would be well advised to ensure that legal risk management develops alongside commercial opportunity.

Frequently Asked Questions on BRICS Summit 2026

What was the BRICS Summit 2026?

The BRICS Summit 2026 was the 18th summit of the grouping, hosted by India in New Delhi in September 2026. The Summit addressed economic cooperation, global governance, trade, technology, finance, security and sustainable development.

What is the New Delhi Declaration 2026?

The New Delhi Declaration is the joint policy declaration adopted by BRICS leaders at the 2026 Summit. It sets out the grouping’s positions and areas of cooperation concerning international affairs, trade, finance, technology, artificial intelligence, security, sustainable development and dispute resolution.

Did BRICS launch a new currency in 2026?

No. The Summit discussed greater use of national currencies in trade and investment and improved cross-border payment mechanisms, but it did not create a common BRICS currency.

What does BRICS 2026 mean for Indian businesses?

Its long-term implications may include greater trade opportunities, alternative payment mechanisms, infrastructure investment, technology cooperation and increased use of national currencies. Indian companies must nevertheless continue to comply with applicable Indian and foreign laws.

Does BRICS support international arbitration?

BRICS has increasingly recognised the importance of efficient mechanisms for resolving cross-border commercial disputes, including arbitration and mediation. This is significant for businesses entering contracts across multiple BRICS jurisdictions.

Can a BRICS declaration change Indian law?

No. A BRICS declaration does not by itself amend Indian law. Any domestic legal or regulatory change must occur through the applicable constitutional, legislative or regulatory process in India.

Why is BRICS important for international trade law?

BRICS represents a significant group of emerging economies and increasingly addresses trade, investment, payment systems, finance, technology, intellectual property and dispute resolution. Its initiatives may therefore influence the future structure of international economic cooperation.

 

By Sarosh Damania
Sarosh Damania & Co. | Advocates & Legal Consultants, Mumbai

Disclaimer: The contents of this article are intended solely for general information and educational purposes and should not be construed as legal advice, solicitation or an advertisement. Readers should obtain independent legal advice with respect to their specific facts and circumstances.

 

 

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Passport Renewal Pending Due to Criminal Case in India – Know Your Legal Rights

One of the most frequent and frustrating issues faced by Indian citizens today is passport renewal being kept pending or refused due to a pending criminal case. Even individuals who are on bail, have complied with all court conditions, or have obtained express judicial permission often find their applications stuck at the Regional Passport Office (RPO) for months or even years.

This article explains the correct legal position under Indian law, the latest Supreme Court clarification, and the practical remedies available when passport renewal is delayed or denied due to a pending criminal case.

Why Passport Renewal Is Refused in Pending Criminal Cases

Passport Authorities usually rely on Section 6(2)(f) of the Passports Act, 1967, which allows refusal of a passport where criminal proceedings are pending before a court in India.

However, this provision is not an absolute bar.

Indian constitutional law makes a clear distinction between:

• Possession of a passport, and
• Permission to travel abroad

A passport is a civil identity document, whereas travel abroad is regulated by criminal courts through bail conditions and judicial supervision.

Statutory Framework Governing Passport Renewal

1. Section 6(2)(f) – Passports Act, 1967

Allows refusal of issuance or renewal where criminal proceedings are pending, subject to other provisions of the Act.

2. Section 22 & GSR 570(E) Notification (25 August 1993)

This notification creates a statutory exemption, permitting issuance or renewal of passports when:

• The concerned criminal court grants permission or no objection, and
• The applicant complies with court-imposed conditions

3. Ministry of External Affairs Office Memorandum (10 October 2019)

Directs Passport Authorities to:

• Strictly follow court orders
• Treat judicial permission as overriding adverse police verification
• Issue passports for appropriate duration as per law

Supreme Court Clarity on Passport Renewal (December 2025)

In Mahesh Kumar Agarwal v. Union of India (2025), the Supreme Court conclusively settled the law on passport renewal in pending criminal cases.

Key Principles Laid Down

• Passport renewal cannot be denied solely because a criminal case is pending
• Courts may permit renewal while:
  • Restricting foreign travel without prior permission
  • Directing redeposit of passport after renewal
• Passport Authorities cannot insist on specific travel itineraries or visas
• Section 6(2)(f) cannot operate as an indefinite or permanent prohibition
• The right to hold a passport flows from Article 21 – Right to Personal Liberty

Passport vs Permission to Travel Abroad

It is important to understand:

• Holding a passport does not grant automatic permission to travel abroad
• Permission to travel is exclusively regulated by criminal courts
• Courts retain complete control over:
  • Travel restrictions
  • Bail conditions
  • Passport deposit or redeposit

Administrative authorities cannot override judicial supervision.

Conviction vs Pending Trial – A Crucial Legal Distinction

• Section 6(2)(f) applies at the pre-conviction stage
• A conviction under appeal with a suspended sentence does not automatically bar renewal
• Courts routinely allow renewal even during pendency of criminal appeals

Common Errors by Passport Authorities

Despite settled law, Passport Authorities often:

• Treat Section 6(2)(f) as an absolute prohibition
• Ignore court-issued No Objection orders
• Demand specific foreign travel plans at renewal stage
• Keep applications pending indefinitely without written reasons

Such actions are contrary to binding Supreme Court precedent.

Step-by-Step Remedy if Passport Renewal Is Pending

Step 1: Apply Online with Full Disclosure

Always disclose FIR, trial, appeal, or conviction details truthfully.

Step 2: Obtain Court Permission / No Objection

Seek a clear order from the concerned court permitting:

• Passport renewal
• Subject to travel restrictions if necessary

Step 3: Submit Certified Court Orders to RPO

Attach certified copies during verification.

Step 4: Issue Legal Representation

If delayed or refused, submit a written representation citing:

• GSR 570(E)
• Supreme Court judgment
• Article 21 rights

Step 5: File Writ Petition under Article 226

High Courts regularly direct Passport Authorities to renew passports where law is violated.

Can Passport Be Renewed for 10 Years in Pending Cases?

Yes. The Supreme Court has clarified:

• If the court does not restrict validity,
• Passport Authorities cannot arbitrarily limit issuance to one year
• A standard 10-year passport can be issued

Conclusion

A pending criminal case does not extinguish your right to passport renewal. Indian law balances:

• Personal liberty under Article 21, and
• Judicial oversight to ensure trial participation

Administrative authorities cannot impose additional restrictions beyond statute and court orders.

Passport Renewal Delayed or Refused Due to a Criminal Case?

Get precise constitutional and procedural remedies backed by Supreme Court precedent.

Sarosh Damania & Co.
📞 Call: +91 98338 44020
🌐 Consult: https://saroshdamania.com/contact/

Frequently Asked Questions (FAQs)

Can passport renewal be denied due to a pending criminal case?

No, not automatically. Courts can permit renewal despite pendency.

Is court permission mandatory for renewal?

Yes, where criminal proceedings are pending.

Can RPO ignore a court order?

No. Judicial permission overrides adverse police verification.

Can passport be issued for 10 years?

Yes, unless the court restricts validity.

What is the remedy if RPO delays renewal?

A writ petition under Article 226 before the High Court.

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