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Indian Journal of Law and Legal Research
ISSN: 2582-8878 | PIF: 7.142
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The Urgent Need For A “Right To Disconnect” In India
Aditi Sonal, Narsee Monjee Institute of Management Studies, Bangalore ABSTRACT The technological advancement has brought about major changes including some negative impacts in the work culture. One of them is them the blurring of boundaries between employees’ work and private lives. One way to tackle this problem is through the “Right to Disconnect”. This right which basically means refraining from work-related communications after the working hours aims to guarantee employee
IJLLR Journal
Jun 131 min read
Determining Contractual Jurisdiction In Telephonic Communication: A Case Comment On Bhagwandas Goverdhandas Kedia V. Girdharilal Parshottamdas And Co. And Others
Kshitij Kumar, LL.B. (Hons.), Chanakya National Law University (CNLU), Patna, Bihar ABSTRACT This case comment examines the Supreme Court of India resolved a case in ‘Bhagwandas Goverdhandas Kedia v. Girdharilal Parshottamdas & Co.’, where it ruled there was a contractual relationship formed by the telephone call occurred between the two parties while arguing about the higher-level question of what happens when technology affects the way contracts are offered and accepted. Th
IJLLR Journal
Jun 131 min read
Competing Algorithms And Collusive Outcomes: Rethinking Antitrust Liability In India
Divyansh Sonwani, B.A. LL.B. (Hons.), Law College Dehradun, Uttaranchal University Dehradun, Uttarakhand, India ABSTRACT The emergence of AI-driven pricing algorithms has fundamentally reshaped competitive markets, creating efficiencies while simultaneously raising concerns of algorithmic collusion. Unlike traditional cartels, algorithmic coordination may occur without explicit communication, enabling firms to reach supracompetitive outcomes through automated and self-learnin
IJLLR Journal
Jun 131 min read
Regulating Greenwashing In India: Are Existing ESG Disclosure Norms Enough?
Moksha Shami, B.A. LL.B. (Hons.), Law College Dehradun, Uttaranchal University Dehradun, Uttarakhand, India ABSTRACT India has recently moved to formalise ESG reporting through SEBI’s BRSR framework and CSR-related disclosures under company law, signalling a clear regulatory shift toward sustainability transparency. Yet, beyond the mandate itself, the framework remains uneven. Most ESG disclosures are still unaudited, enforcement is inconsistent, and penalties for misrepresen
IJLLR Journal
Jun 121 min read
Banking Sans Understanding: A Legal Analysis Of Linguistic Inaccessibility
Riddhi Agrahari, Quantum University Aditi Mishra, Quantum University ABSTRACT India’s achievement of financial inclusion has observed significant growth in recent years, but linguistic inaccessibility in most parts of India continues to hinder development in the Banking Sector in India. This paper examines how the limited use of regional languages, especially in rural or semi-urban areas in the Banking sector in India, impedes financial inclusion and indirectly violates const
IJLLR Journal
Jun 121 min read
Bail As A Rule Or Exception: A Critical Analysis Of Evolving Bail Jurisprudence In India
Sohon Sinha, Techno India University, West Bengal ABSTRACT Bail plays a crucial role as a fundamental right which aims at balancing individual freedom and administration of the law. The doctrine that “bail is the rule and jail is the exception” has always been adhered to by courts of law in India as part of ensuring that individual liberty provided for in Article 21 of the Constitution of India is protected. This article provides a critical analysis of bail doctrine in India.
IJLLR Journal
Jun 121 min read
Ambient Personal Data And The Right To Bystander Privacy: AI, Smart Glasses, Social Media, And The Legal Architecture Of Unchosen Surveillance
Lotus Khanna, Christ University Shashank Soni, Christ University ABSTRACT This manuscript argues that the forthcoming evolution of privacy law pertains not to the interaction between a data subject and the entity to whom she voluntarily reveals information, but rather to the pervasive phenomenon of individuals being transformed into data by external devices, platforms, or models. Smart eyewear, mobile cameras, house doorbells, auto sensors, workplace analytics, social media i
IJLLR Journal
Jun 121 min read
Investments And Securities Claims: A Review Of The Nigerian Investments And Securities Tribunal Jurisdiction Under The Investments And Securities Act 2025 And Opportunities For Legal Practitioners.
Collins Uguishi Philip, Investments and Securities Tribunal, Port Harcourt Division, Rivers State ABSTRACT The Investments and Securities Tribunal enjoys exclusive jurisdiction in matters appertaining to the capital market. No other court in our land is empowered as a first responder to resolve disputes in the capital market ecosystem The importance of the capital market to the growth of a nation’ economy cannot be overemphasized. This apparently led the National Assembly to
IJLLR Journal
Jun 121 min read
Bail Jurisprudence In India: Rule Or Exception
Suryasen Shahi, LLM, United University Shambhavi Pandey, Assistant Professor, United University ABSTRACT Bail jurisprudence in India is founded upon the fundamental principle that “bail is the rule and jail is the exception,” which emanates from the constitutional guarantee of personal liberty under Article 21 of the Constitution of India. The concept of bail seeks to balance two competing interests: the protection of individual liberty and the need to ensure proper administr
IJLLR Journal
Jun 122 min read
Human Rights Dimensions: Towards Constitutional Accountability In Automated Decision-Making
Dr. Inderjit Kumar, Associate Professor, CT Institute of Law, Jalandhar, Punjab Ms. Mehak Ahuja, LL.M. (UGC), Director – HR & Legal, Vienna IT Solutions Pvt. Ltd., Mohali, Punjab ABSTRACT Automated Decision-Making (ADM) systems—ranging from welfare- distribution algorithms and predictive-policing tools to credit-scoring models— have become central to contemporary governance, reshaping interactions between the State, market, and citizen. In India, digital infrastructures such
IJLLR Journal
Jun 122 min read
The Forgotten Half Of Section 4: Algorithmic Personalisation And The Limits Of Exploitative Abuse In Indian Competition Law
Divyanshu Chaudhary, O.P. Jindal Global University ABSTRACT Indian jurisprudence on abuse of dominance has evolved a monoculture of exclusion. Section 4(2)(a) of the Competition Act, 2002, lists "unfair or discriminatory" conditions and prices as the first prohibition, but the Competition Commission of India has developed its decisional practice almost entirely on exclusionary theories of harm, leaving the exploitative limb largely dormant. This article argues that algorithmi
IJLLR Journal
Jun 121 min read
International Legal Status Of Climate Refugees: Gaps, Challenges, And The Need For Reform
Ragamaliga. M, Vellore Institute of Technology, Chennai Uthish Guhan. G, Vellore Institute of Technology, Chennai ABSTRACT Today, climate change caused by people is happening all around the globe and is having severe effects on human life and livelihood (i.e., housing, job...) everywhere. There have been many recent efforts by different countries to combat climate change, but not one nation is able to do anything of significance to stop people from being migrated at large-sca
IJLLR Journal
Jun 122 min read
Data Beyond Borders: OTT Platforms, The DPDP Act And Cross-Border Data Transfers
Anshika Singh, Jindal Global Law School ABSTRACT The introduction of the Digital Personal Data Protection Act, 2023 (“DPDP Act”) has been an important change in the Indian data governance system, especially regarding cross-border data transfers. Departing from previous proposals which mandate rigid data localization, the Act follows a much lenient, ‘negative list’ approach that permits the transfer of personal data out of India except to the jurisdictions identified by the Ce
IJLLR Journal
Jun 121 min read
Constitutional Challenges In Deep Fake Technology: Rethinking Criminal Liability In The Digital Era
Tharunika JD, BCA LLB (Hons), School of Excellence in Law, Tamil Nadu Dr. Ambedkar Law University, Chennai – 113, India Boopathi A, B.Com LLB (Hons), School of Excellence in Law, Tamil Nadu Dr. Ambedkar Law University, Chennai – 113, India ABSTRACT Deep fake technology, driven by advancements in artificial intelligence and machine learning, has emerged as one of the most significant challenges confronting constitutional governance and criminal justice systems in the digital e
IJLLR Journal
Jun 122 min read
The Dignity The Law Missed: Terminal Patients, Active Euthanasia And The Silence Of The Constitution
Siddhi Sharma, B.B.A. LL.B. (Hons.), GLAU, Mathura ABSTRACT This paper begins with a question that the law has not yet properly answered: what happens to a patient who is terminally ill, fully conscious, and in daily pain but has no machine to switch off? In March 2026, the Supreme Court of India permitted passive euthanasia for a real individual for the very first time. The judgment in Harish Rana v. Union of India was a watershed. But it also threw into sharp relief a gap t
IJLLR Journal
Jun 122 min read
The Constitutionalization Of Climate Justice: A Critical Analysis Of M.K. Ranjitsinh V. Union Of India (2024) And The Emergence Of The Right Against The Adverse Effects Of Climate Change
Aniruddh Sachin Bajaj, Gujarat National Law University, Gandhinagar Rishish Singh, Gujarat National Law University, Gandhinagar ABSTRACT The intersection of environmental protection, wildlife conservation, and climate change mitigation represents one of the most complex jurisprudential challenges of the twenty-first century. For decades, the Indian higher judiciary has expanded the scope of Article 21 of the Constitution of India to encompass the right to a clean and healthy
IJLLR Journal
Jun 122 min read
GST And Social Change In India: A Study Of Economic And Societal Implications
Anuj Yadav, Xavier's Law School, St. Xavier's University Kolkata Harsh Vardhan Singh, Himachal Pradesh National Law University ABSTRACT The Goods and Services Tax (GST) was implemented in India on July 1, 2017, marking a significant tax reform designed to unify the indirect taxation framework, eradicate cascading taxes, and sister a smooth national market. In recent years, the government has adjusted GST rates on various goods and services, sparking considerable debate about
IJLLR Journal
Jun 122 min read
Ownership Of AI-Generated Works: Rethinking Authorship And Inventorship In IP Law
Nitya Pasari, LLB (Hons.), Jindal Global Law School, O.P. Jindal Global University ABSTRACT The shift to autonomous and generative systems from traditional AI, is challenging the doctrinal and conceptual foundations of Intellectual Property Law. The essence of the law has always been human creativity, intention for creation, authorship, ownership, and inventorship, the current legal frameworks are struggling to accommodate AI-generated works within this framework with minimal
IJLLR Journal
Jun 121 min read
India, Autonomous Weapons, And The Effects- Based Premise Of International Humanitarian Law
Varada Arora, O.P. Jindal Global University ABSTRACT As States approach the Seventh Review Conference of the Convention on Certain Conventional Weapons in 2026, the question of whether to negotiate binding rules for lethal autonomous weapon systems remains open, and India occupies a striking position within it. Having chaired the Group of Governmental Experts that produced the first internationally agreed guiding principles on such weapons, India nonetheless voted against Uni
IJLLR Journal
Jun 121 min read
Sapinda Relationship As A Condition For Marriage Under Hindu Law: An Analysis
Vanshita Sharma, B.A.LL.B. (Hons.), Maharashtra National Law University, Nagpur I. INTRODUCTION “In Hindu Law Marriage was a sacrament, a union an indissoluble union of flesh with flesh, bone with bone to be continued even in the next world.” In Hindu Society, marriage is considered one of the most sacred rites. It is not merely a contractual agreement rather regarded as a lifelong union with deep spiritual, cultural and societal roots. Over centuries, Hindu laws governing ma
IJLLR Journal
Jun 122 min read
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