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Merit Beyond Marks: Reimagining Excellence Under The Indian Constitution
Sahil Dahiya, Ph.D. Research Scholar, Department of Laws, Panjab University, Chandigarh ABSTRACT The concept of merit has acquired a central position in both public and constitutional discourse. It has been extensively debated, particularly in the context of education. Merit is often considered a fundamental criterion for securing admission to educational institutions and accessing public resources. However, the concept remains complex and is nowhere defined in the fundamenta
IJLLR Journal
Aug 192 min read
From Last Words To Last Text: Can A Whatsapp Message Be A Dying Declaration?
Priyanshi Jatav, B.A. LL.B. (Hons.), School of Law, DAVV, Indore (M.P) ABSTRACT The emergence and evolution of digital communication have completely changed the way human experiences, statements and final communications are preserved. In India, this technological change has raised a new evidentiary question: Can a WhatsApp Message Be a Dying Declaration? Traditionally, dying declarations have been studied in the form of oral statements, written documents, letters and statemen
IJLLR Journal
Aug 191 min read
Reassessing Locus Standi In Oppression And Mismanagement Petitions
Aditya Vikram Sen, B.A. LL.B. (Hons.), Jindal Global Law School (O. P. Jindal Global University) ABSTRACT Corporate Governance, analogous to its parliamentary equivalent, entails the will of the majority as a key feature of a company’s decision-making process. Simultaneously, it also safeguards the interests of the minority members from unjust prejudice caused to their interests. Section 241 of the Companies Act, 2013 lays down the right for any member of a company to approac
IJLLR Journal
Aug 192 min read
Using Blockchain Technology To Modernize Land Record Management In India
Parth Rohilla, LL.B. (Hons.), Jindal Global Law School I – INTRODUCTION AND PROBLEM STATEMENT The existing land record system in India is infected by deep-rooted structural inefficiencies which significantly complicates legal clarity, economic development and administrative efficiency. The existing poorly structured land record system is a matter of high significance. It is estimated that 7.7 million people are affected by conflict over 2.5 million hectares of land, which thr
IJLLR Journal
Aug 192 min read
Interim In Name, Final In Effect: A Critique Of The Delhi High Court’s Order In ANI Media V. OpenAI
Mr. Navneet Krishna, Faculty, Babasaheb Bhimrao Ambedkar University, Lucknow ABSTRACT On 24 July 2026, the Delhi High Court refused Asian News International’s application for an interim injunction against OpenAI, holding at a prima facie stage that the use of ANI’s copyrighted news content to train the large language models underlying ChatGPT falls within the fair dealing exception in Section 52(1)(a) of the Copyright Act, 1957. Celebrated in some quarters as a victory for in
IJLLR Journal
Aug 191 min read
Law On Paper, Ash On The Ground: Rethinking Design In India’s Slum Rehabilitation Regime
Vanshika, West Bengal National University of Juridical Sciences ABSTRACT Do inadequate policies harm the people they are made for or is it the lackadaisical implementation of those policies that are the problem? When does the law become inadequate and how does one gauge that gap so that the law actually delivers? The Supreme Court made “housing” a fundamental right under Article 21’s broad “right to life” ambit and recognised that evictions without guaranteed rehabilitation i
IJLLR Journal
Aug 192 min read
Beneficial Ownership And The Primacy Of Substance Over Form
Aditi Thakur, Co-Founder, Footnote ABSTRACT Beneficial ownership is a fundamental concept in international taxation, particularly in determining eligibility for tax treaty benefits and addressing arrangements involving treaty abuse and tax avoidance. Despite its significance, the term is not expressly defined under the Income Tax Act, 1961 or most tax treaties, resulting in its interpretation largely through judicial precedents, OECD guidance, and anti-abuse provisions. This
IJLLR Journal
Aug 191 min read
The Accountability Of Government Authorities For Non-Compliance With Court Orders: Need For A Stronger Enforcement Mechanism
Manoj Kumar, Gurugram University ABSTRACT The rule of law is the cornerstone of every democratic society and it depends upon an independent judiciary capable of delivering judgments free from any external influence, as well as an executive committed to complying with those judicial orders. However, the persistent non-compliance with judicial orders by government authorities in India poses a significant challenge to constitutional governance, weakens judicial authority, and er
IJLLR Journal
Aug 191 min read
Chinks In The Climate Law Armor: State Responsibility For Climate Change Harms
Girish Bhaskaran Nair, LL.M., Government Law College, Trivandrum ABSTRACT Attribution has long been a necessary limb of State responsibility under Article 2 of ARSIWA and the customary law. Climate litigants struggle to prove attribution to fix State responsibility in international adjudication, given diffuse, multi-state causation. Further, the climate law regime gives individuals no litigation route of their own. The trend is for the claimants to invoke general human rights
IJLLR Journal
Aug 191 min read
Tracing The Evolution Of The Basic Structure Doctrine Post Kesavananda Bharati Judgment: An Analysis
R Sushmithaa Roshini, High Court of Karnataka Nishant Aggarwal, School of Law, Christ University, Bengaluru ABSTRACT A country may have a constitution but not essentially constitutionalism. Constitutionalism comes with certain principles so as to provide a better understanding of the Constitutional text. In a broader sense it can be defined as a legal limitation on the government. Our Country India, not only has a constitution but ensures it is bounded by the principles of co
IJLLR Journal
Aug 192 min read
Reforming India’s Maritime Legal Framework: A Critical Analysis Of The Merchant Shipping Act, 2025 And Emerging Challenges In Maritime Governance
Rudra Jaiswal, B.A. LL.B., Amity University Madhya Pradesh, Gwalior, India Sanskriti Sinha, B.A. LL.B., Amity University Madhya Pradesh, Gwalior, India ABSTRACT India’s dependence on the sea has never been in doubt; the currency of its shipping law has been. For sixty-seven years the sector was governed by the Merchant Shipping Act, 1958, a statute descended from Victorian British legislation and swollen by amendment into a text of over 560 sections. The Merchant Shipping Act
IJLLR Journal
Aug 192 min read
Burnt Faces, Sensational Screens: Media Framing, Public Outrage, And Sentencing In Indian Acid-Attack Jurisprudence
Jasmin Ahluwalia, Rajiv Gandhi National University of Law ABSTRACT The law is said to be applied equally for everyone, yet media narratives stringently regulate the response the judiciary as well as the public have to cases of a similar nature. Despite the carefully laid down statutes like the Indian Penal Code, sections 326A-326B, and strict Supreme Court regulations on acid attacks, the conviction rates relating to these laws remain statistically low and are tainted by the
IJLLR Journal
Aug 191 min read
Artificial Intelligence, Data Protection And Privacy: Emerging Challenges Under Indian Cyber Law
Sanskriti Sinha & Rudra Jaiswal, B.A. LL.B. (Hons.), Amity Law School, Amity University, Gwalior, Madhya Pradesh, India ABSTRACT India now regulates artificial intelligence with a statute that was not written for it. The Digital Personal Data Protection Act, 2023, whose substantive provisions become enforceable on 13 May 2027, rests on a transactional model in which an identified fiduciary collects identified data from an identified individual for a stated purpose. Machine le
IJLLR Journal
Aug 192 min read
When The Infringement Occurs Abroad: Reassessing Copyright Jurisdiction In The AI Era Through ANI Media Pvt. Ltd. V. OpenAI Judgment
Aditya Talwar, Legal Practitioner ABSTRACT The emergence of artificial intelligence (“AI”) has exposed the inadequacy of conventional territorial principles governing copyright jurisdiction. Unlike traditional copyright disputes, AI systems function through decentralised cloud infrastructure where copyrighted works may be collected, processed, stored and reproduced across multiple jurisdictions simultaneously. This technological reality has complicated the determination of th
IJLLR Journal
Aug 191 min read
Under The Algorithmic Eye: Evaluating AI-Driven Surveillance And The Digital Personal Data Protection Act, 2023
Amardeep, PhD Research Scholar, Rajiv Gandhi National University of Law, Patiala Dr. Geetika Walia, Associate Professor of Law, Rajiv Gandhi National University of Law, Patiala ABSTRACT The Digital Personal Data Protection Act, 2023 is commonly presented as the statute that gives effect to the right to informational privacy recognised in Justice K.S. Puttaswamy v. Union of India. This article tests that presentation against a practice the Act is poorly equipped to govern, nam
IJLLR Journal
Aug 181 min read
Beyond The Courtroom: A Three-Pillar Integrated Rural Justice Empowerment Model
Sneha Pai, Shri Jagdishprasad Jhabarmal Tibrewala University ABSTRACT Article 39A of the Constitution of India mandates the state to secure equal justice and provide free legal aid, ensuring that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. Despite robust statutory frameworks established under the Legal Services Authorities Act, 1987, grassroots legal literacy in rural India remains disconnected from the real so
IJLLR Journal
Aug 181 min read
The DPDP Act 2023: What Corporates Need To Prepare For
Ronald Philips, Advocate ABSTRACT The Digital Personal Data Protection Act, 2023 is India’s first comprehensive law on how personal data must be collected, stored and used. It came after the Supreme Court held, in K.S. Puttaswamy v. Union of India, that privacy is a fundamental right. This article looks at what the Act actually requires of companies: getting clear and specific consent from users, honouring their rights over their own data, and meeting extra obligations if a c
IJLLR Journal
Aug 181 min read
Environmental Constitutionalism In India: Judicial Innovation And Constitutional Interpretation
Dr. Rohitas Meena, Associate Professor, Faculty of Law, P.K. University, Shivpuri, MP. ORCID ID: 0009-0005-0768-5617 ABSTRACT Environmental constitutionalism represents the integration of environmental protection principles within constitutional law, transforming ecological concerns into enforceable legal rights and duties. In India, this evolution has largely been driven by judicial interpretation rather than explicit constitutional text. The Indian Constitution does not exp
IJLLR Journal
Aug 181 min read
Digital Afterlife And Posthumous Privacy: Legal Frameworks For AI Resurrection And Synthetic Media Creation Of Deceased Persons
Udayan Rai, LL.B. (Hons.), Jindal Global Law School, OP Jindal Global University ABSTRACT The quick and rapid emergence of technologies has enabled the idea of “digital resurrection” through synthetic media. This can range from anywhere between memorial chatbots, lifelike voice to video simulations etc. These technologies have really disturbed the existing notions of privacy, dignity, and control one has over their personal data after their death. While some states in the USA
IJLLR Journal
Aug 181 min read
Sowing Rights, Reaping Justice: A Constitutional Reappraisal Of Farmers’ Rights In India
Lakshay Manchanda, Advocate Aanchal Sharma, Indore Institute of Law, Indore, MP ABSTRACT This study takes a critical look at India's Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act, 2001, which was introduced to meet India's commitments under the TRIPS Agreement. The Act was designed to create a unique and specialized system for protecting plant varieties, often referred to as a "sui generis" system. The main goal of this Act is to ensure that both plant breede
IJLLR Journal
Aug 182 min read
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