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Balancing Innovation And Integrity Under Copyright With Reference To Moral Rights
Divyashree Lohar, Assistant Professor, ISBR Law College, Bangalore K.M. Nanditha, Assistant Professor, ISBR Law College, Bangalore ABSTRACT Digital technology and AI have transformed the way original works are created, raising complex issues surrounding the copyright and moral rights of authors, including protecting authors’ moral rights. Protecting moral rights emphasises the personality of the author and respecting their creation. This review of moral rights describes the c
IJLLR Journal
5 days ago1 min read
Revisiting The Ability-To-Pay Doctrine Through Horizontal Equity In Tax Law
Meenu. M.B., Government Law College, Kozhikode ABSTRACT The principles of taxation form the backbone of a fair and efficient fiscal system, and among them, the Ability to Pay Principle and Horizontal Equity occupy a central role. This article examines these principles from theoretical, constitutional, judicial, and practical perspectives, emphasizing their relevance in the Indian tax system. The Ability to Pay Principle asserts that taxpayers should contribute to public reven
IJLLR Journal
5 days ago1 min read
Article 21 Of The Indian Constitution: A Safeguard Against Arbitrary Detention, Custodial Violence, And Torture Of Prisoners
Shivani Tripathi, Assistant Professor, City Academy Law College, Lucknow (Affiliated to University of Lucknow) ABSTRACT Article 21 of the Indian Constitution isn’t just a line in the law books—it’s the backbone of human rights protection in India’s criminal justice system. Over the years, the Supreme Court has made it clear: even if someone ends up in prison, they don’t lose their basic human dignity or rights. Article 21 doesn’t just mean the right to stay alive. It covers l
IJLLR Journal
5 days ago2 min read
AI And Copyright Protection: Understanding The Indian Legal Position
Harsh Raj Gautam, BBA LLB, Presidency University, Bangalore ABSTRACT The rapid growth of artificial intelligence has transformed traditional notions of creativity and authorship, as machines increasingly produce literature, music, art, and code that rival human expression. This shift challenges the foundations of copyright law, which has always relied on the idea of human originality and intellectual contribution. In India, Section 2(d) of the Copyright Act, 1957 defines the
IJLLR Journal
5 days ago1 min read
From Firewalls To Forensics: The Legal Duty Of Corporations After A Data Breach
Samyak Sinha, NFSU ABSTRACT Data breaches have become an unavoidable risk of the digital economy. As organizations collect, process, and monetize vast quantities of personal and sensitive data, cyber incidents now pose not only technical challenges but also profound legal, ethical, and governance questions. This article examines the evolving legal duties of corporations after a data breach, tracing responsibilities from preventive cybersecurity measures to post-incident foren
IJLLR Journal
5 days ago1 min read
Right To Industrial Development As A Fundamental Right Under The Indian Constitution: A Critical Legal Analysis
Suhani, B.A LL.B., National University of Study and Research in Law, Ranchi. ABSTRACT This research paper is a critical examination of the concept of the right to industrial development as one of the fundamental rights listed under the Indian Constitution. Against the background of India's changing socio- economic landscape, industrial development is turning out to be the main driver of both national progress and individual welfare. The paper studies constitutional provisions
IJLLR Journal
7 days ago1 min read
Artificial Intelligence And Its Role In The Evolution Of The Indian Legal System
Mallika Menon, B.A. LLB., Symbiosis Law School, Nagpur ABSTRACT In the year 1955, Standford Professor John McCarthy coined the term Artificial Intelligence and defined it as, “The science and engineering of making intelligent machines.” This concept rapidly evolved, from the early 20th century where Spanish engineer Torres Quevedo demonstrated the first chess-playing machine all the way to ChatGPT and Google Gemini. Artificial Intelligence has gone through a massive evolution
IJLLR Journal
7 days ago1 min read
One Nation One Election
Amritesh Singh, O.P. Jindal Global University ABSTRACT The paper looks at the constitutional viability of converting India to the simultaneous Lok Sabha and State Legislative Assembly elections and explores whether such realignment actually is consistent with the federal form and doctrine of the basic structure of the Constitution. It outlines the elements of the constitutional amendments which would be necessary to such a shift, such as that of legislative tenure, of dissolu
IJLLR Journal
7 days ago1 min read
Judicial Activism, Overreach & Constitutional Balance: A Comparative Constitutional Analysis
Snigdha Sharma, School of Law, Lovely Professional University, Punjab ABSTRACT In all constitutional democracies, the judiciary is placed in a contradictory position, entrusted with the special task of keeping the excesses of the other branches in check, but at the same time the court is also subject to constitutional constraints. In Indian context, The Supreme Court has grown into a largely interpretive body to become a body that actively influences public policy, protects r
IJLLR Journal
7 days ago2 min read
Redefining The Aravallis: Assessing The Supreme Courts 2025 Uniform 100-Metre Relief Standard And Its Implications For Mining And Conservation
Vedansh Shukla, BBA LLB, Bharati Vidyapeeth New Law College, Pune ABSTRACT In December 2025, in an effort to formalize similar habitat features across different states in India, the Supreme Court settled on a nationwide geomorphological definition for what constitutes "Aravalli hills," defining these geographical formations as those rising at least 100m from surrounding topography. While this decision constitutes an important response to functional ambiguities associated with
IJLLR Journal
7 days ago1 min read
Plastic Pollution: A Global Crisis And India’s Legal Framework On Plastic Waste Management
Kirandeep Kaur, Ph.D. Research Scholar, Department of Law, School of Legal Studies, Central University of Punjab, Bathinda. ABSTRACT In today’s world, plastic has become an irreplaceable product, and we can’t imagine our daily life without plastic. Plastic has become a global crisis due to its use and non-biodegradability. Plastic was invented in the year 1907, and it achieved its full potential in the 1950s. Plastic is made from synthetic or semi-synthetic polymers, which do
IJLLR Journal
7 days ago1 min read
The Dichotomy Of Suo Motu Powers In Indian Judiciary: A Comparative Analysis Of Higher And Lower Courts
Rani Dewangan, Ph.D. Scholar (Law), Kalinga University, Kotni, Atal Nagar-Nava Raipur, Chhattisgarh, India ABSTRACT The Indian judiciary, as one of the three pillars of democratic governance, serves as the guardian of constitutional values and fundamental rights. Among its various powers, the suo motu jurisdiction—the authority to take cognizance of matters without formal complaint or application—stands as a critical instrument for dispensing justice and protecting public int
IJLLR Journal
7 days ago2 min read
Role Of AI In Speedy Trial Criminal Justice System
Amar Nath Dixit, Research Scholar, Faculty of Law, Mangalayatan University, Jabalpur, Madhya Pradesh Dr. Pradeep Kumar Tiwari, Associate Professor, Faculty of Law, Mangalayatan University, Jabalpur, Madhya Pradesh ABSTRACT The article discusses how Artificial Intelligence (AI) can change the Speedy Trial Criminal Justice System. It emphasizes the potential of AI in not only reducing the large number of cases that have resulted in backlogs in the judicial system but also in ma
IJLLR Journal
7 days ago2 min read
Concept Of Justice In The Context Of Dharma: An Ancient Philosophy
Rochani Rao K N, Assistant Professor of Law, MKPM RV Institute of Legal Studies ABSTRACT The concept of Dharma is in India since the very Vedic period. origin can be traced back to Vedas, and the holy scripture Bhagavad Gita depicts the wider connotation of dharma. Dharma in contradiction to the general understanding does not mean religion. The word Dharma originated from the Sanskrit word, 'dhr' means to uphold or to support what is stable and eternal. Manu-smriti prescribes
IJLLR Journal
7 days ago2 min read
Mercy Petitions And Constitutional Accountability In Capital Punishments
Disha, LL.M., University School of Law and Legal Studies, GGSIPU ABSTRACT In India, the death penalty provision is a complicated constitutional framework that attempts to balance the power of the state to carry out capital punishment with Article 21 of the constitution, which guarantees the right to life and personal liberty. Many research has been conducted to examine the manner in which capital punishment should be carried out, but less attention has been paid to the proced
IJLLR Journal
7 days ago2 min read
Police Surveillance Technologies And Privacy Protection In India: A Constitutional And Institutional Analysis Of Facial Recognition Systems Post-Puttaswamy Judgement
Prananjeya B Gujjala, LLM (Criminal and Security Laws), Symbiosis Law School, Pune ABSTRACT Surveillance technologies have been gradually integrated into India policing that have radically changed the connection between the State and the individual. Facial recognition systems are one of the invasive types of surveillance among them, and they allow biometric identification at the population level and on a continual basis. This paper discusses the constitutional and institution
IJLLR Journal
7 days ago1 min read
Analysis Of The Modicum Of Creativity Doctrine Under Copyright Law
Sayantani Ray, Assistant Professor, School of Law, Chettinad Academy of Research and Education Saumya Raj, Assistant Professor, KLE Society’s Law College ABSTRACT The doctrine of “modicum of creativity” occupies a pivotal yet often under- theorised position within copyright jurisprudence, functioning as the minimum threshold for determining the protectability of creative works. Rooted in the broader requirement of originality, the doctrine seeks to balance the twin objectives
IJLLR Journal
7 days ago2 min read
Digital Surveillance Vs. Privacy Rights: Constitutional Limits Post-Puttaswamy
Manish Kumar, Research Scholar, School of Law, Bennett University, Greater Noida ABSTRACT The landmark judgement of Justice KS Puttaswamy (Retd) v Union of India (2017) by the honourable Supreme Court of India has revamped the constitutional jurisprudence in the country by elevating the right to privacy to a fundamental right guaranteed under Part III of the Indian Constitution. However, the rapid growth of digital surveillance, strengthen by the Information Technology Act 20
IJLLR Journal
7 days ago1 min read
Judicial Review Of Preventive And Security- Based Detention In India: Paradox Of Personal Liberty And National Security
Anshika Parashar, Law Centre II, University of Delhi ABSTRACT The bedrock of Indian democracy is the promise of personal liberty under Article 21. However, this promise is increasingly strained by the "necessary evil" of preventive detention. Preventive detention constitutes one of the most drastic departures from the constitutional guarantee of personal liberty in India. Although the Constitution explicitly permits preventive detention under Article 22, such power was intend
IJLLR Journal
7 days ago1 min read
The Diminution Of Social Justice Landscape Under Criminal Identification Act, 2022: An Analysis In The Light Of Accused Person’s Panorama
Dr. Nair Swathy Balasarswathi, Assistant Professor cum Moot Trainer, Kerala Law Academy Law College, Trivandrum, Kerala No man is infallible; misdeeds can happen at any time, glorification of the same for the endurance is a palm off to the State, it is the white knight not the punctilious parent... ABSTRACT The Act aims to bring about robustness in the investigation process by using new world technologies to help the courts in deciding the guilt of the accused and thereby inc
IJLLR Journal
Jan 172 min read
Reservation And Idea Of Equality: Time For Constitutional Reevaluation
Saksham Goyal, University School of Law and Legal Studies (USLLS), New Delhi ABSTRACT This essay re-evaluates India's long-standing Reservation policy, arguing that the time has come for a constitutional re-evaluation to balance the original mandate of substantive equality with contemporary challenges. This essay reevaluates by highlighting the shift in modern challenges, including economic disparities that are beyond caste, and increased demands from non- reserved communitie
IJLLR Journal
Jan 171 min read
Custodial Violence And State Accountability: A Case Comment Of Rajakannu V. State Of Tamil Nadu
Vishal Narayanan V, BBA LLB, Symbiosis Law School, Hyderabad CITATION: 1994-2-LW(Crl) 680 BENCH: P.S. Mishra and Shivaraj V. Patil, JJ JUDGEMENT: 1 August 1984 INTRODUCTION: The case helped establish legal precedents with regards to custodial accountability, rights vested with the detainees and the proper understanding and interpretation of Article 14 and 21 of the Indian Constitution which is ‘equality before the law’ and ‘protection of life and personal liberty’. The case r
IJLLR Journal
Jan 171 min read
The Paradox Of Alternative Dispute Resolution: Exposing Structural Inconsistencies In Section 89 Of The Code Of Civil Procedure, 1908
Pushkar Santosh Bapatla, Gujarat National Law University, Gandhinagar, Gujarat Asmi Shah, Symbiosis Law School, Pune, Maharashtra ABSTRACT Section 89 of the Code of Civil Procedure, 1908, was introduced to alleviate India’s judicial backlog by integrating Alternative Dispute Resolution (ADR) into the formal legal system. However, this article argues that the provision is fundamentally flawed due to structural inconsistencies and drafting errors, such as the "definitional chao
IJLLR Journal
Jan 171 min read
Can International Human Rights Treaties Create Enforceable Rights In India Without Domestic Legislation? A Doctrinal Re- Examination
Akhilesh Kakade, Legal Associate, Great Mission Group Consultancy, Pune ABSTRACT The paper argues that while the international human rights treaties are normatively influential, they do not in India independently create enforceable rights in India without the process of legislative incorporation. Against the background of (formally) dualist constitutional structure of India, it argues that Articles 51(c) and 253 affirm the primacy of Parliament as the vital organ of law makin
IJLLR Journal
Jan 172 min read
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