Author: PRASANNASRI26092001

THE ESCAPE CLAUSE: UNGUIDED DELEGATION, EXECUTIVE DISCRETION AND THE CONSTITUTIONAL LIMITS OF SECTION 2(P) OF THE INDUSTRIAL RELATIONS CODE, 2020

AUTHOR – PURVESH KOTHEKAR, STUDENT AT NALSAR UNIVERSITY OF LAW

BEST CITATION – PURVESH KOTHEKAR, THE ESCAPE CLAUSE: UNGUIDED DELEGATION, EXECUTIVE DISCRETION AND THE CONSTITUTIONAL LIMITS OF SECTION 2(P) OF THE INDUSTRIAL RELATIONS CODE, 2020, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (10) OF 2026, PG. 181-187, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I1023

abstract

Section 2(p)(iv) of the Industrial Relations Code, 2020 permits the Central Government to notify any activity out of the statutory definition of “industry,” removing the workforce engaged in that activity from every protection the Code provides, including trade union recognition, collective bargaining, dispute resolution, standing orders, and retrenchment compensation. This paper argues that the provision is unconstitutional on three cumulative grounds. First, it violates the doctrine against unguided delegation. Parliament codified the Triple Test from Bangalore Water Supply & Sewerage Board v. A. Rajappa as the governing definition of “industry,” then delegated to the executive an unqualified power to override that definition for any activity, without criteria, standards, or procedural preconditions. Applying In Re Delhi Laws Act, Hamdard Dawakhana v. Union of India, and Vasu Dev Singh v. Union of India, the paper shows that this exceeds the constitutional limits on delegated legislation. Second, the provision violates Articles 14, 19(1)(c), and 21. It is manifestly arbitrary under the Shayara Bano standard, destroys the collective bargaining infrastructure that gives effect to Article 19(1)(c), and removes the statutory conditions that make the Article 21 right to livelihood operative. Third, the provision subverts the Directive Principles-based welfare state mandate under Articles 38, 39, and 43A by enabling deregulation through executive notification rather than legislative amendment, bypassing the parliamentary accountability that the constitutional scheme requires. The paper concludes that Section 2(p)(iv) delegates the declaration of legislative policy rather than its implementation, and proposes reforms including criteria-governed exclusions, time-bound notification powers subject to parliamentary approval, and mandatory statements of reasons.

HISTORY THROUGH CINEMA: THE REPRESENTATION OF THE INDIAN EMERGENCY IN MIDNIGHT’S CHILDREN

AUTHOR –TANYA VASHIST, L.L.M INTELLECTUAL PROPERTY LAW, UNIVERSITY OF LEEDS

BEST CITATION – TANYA VASHIST, HISTORY THROUGH CINEMA: THE REPRESENTATION OF THE INDIAN EMERGENCY IN MIDNIGHT’S CHILDREN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (10) OF 2026, PG. 175-180, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Midnight’s Children, written by Salman Rushdie and filmed by Deepa Mehta, is a fascinating depiction of the Indian Emergency (1975-1977) in the context of magical realism and political allegory. The present essay explores Saleem Sinai’s personal journey and the constitutional and political history of post-Independent India, including the suspension of civil liberties during the Emergency. It looks at the symbolic representation of the Midnight’s Children as democracy, freedom of expression and national identity and examines the legal and historical background of Article 352 of the Constitution, preventive detention, press censorship and forced sterilisation campaigns. The article, based on literary criticism and constitutional history and judicial developments, contends that Midnight’s Children is a film version as well as an effective critique of authoritarianism. It illustrates the potential of cinema to sustain the constitutional memory and to further the debate about democracy, individual liberty and rule of law in India.

EMERGENCY ARBITRATION IN INDIA: ENFORCEABILITY, ACCESS, AND THE UNFINISHED STATUTORY FRAMEWORK

AUTHOR – SIMRAN KHAN, STUDENT AT GOVERNMENT LAW COLLEGE, MUMBAI

BEST CITATION – SIMRAN KHAN, EMERGENCY ARBITRATION IN INDIA: ENFORCEABILITY, ACCESS, AND THE UNFINISHED STATUTORY FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (10) OF 2026, PG. 171-174, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Emergency arbitration (“EA”) allows parties to seek urgent interim relief before an arbitral tribunal is even constituted, filling a critical gap between the commencement of a dispute and the availability of a decision-maker. While EA has been a standard feature of major international institutional rules for over a decade, Indian arbitration law has never expressly recognised it. The Arbitration and Conciliation Act, 1996 (“the Act”) contains no reference to an “emergency arbitrator,” and Parliament chose not to act on the 246th Law Commission Report’s recommendation to amend the definition of “arbitral tribunal” to include one. Into this legislative vacuum stepped the judiciary. In Amazon.com NV Investment Holdings LLC v. Future Retail Ltd. (2021), the Supreme Court held that an emergency arbitrator’s award, in an India-seated arbitration, qualifies as an order under Section 17(1) of the Act and is therefore enforceable as an order of a court under Section 17(2). This paper argues that while the Amazon ruling was a necessary and pro-arbitration intervention, it is an interpretive patch rather than a structural solution. It leaves unresolved the enforceability of EA orders in foreign-seated arbitrations, offers no relief to parties without access to institutional rules that provide for EA, and does nothing to correct the access-to-justice imbalance that allows only well-resourced corporate parties to meaningfully benefit from the mechanism. The paper concludes that a targeted legislative amendment—not further judicial improvisation—is necessary to place emergency arbitration in India on a stable and equitable footing.

MARITAL RAPE- SOCIETAL DISTURBANCE OR SILENTLY CUSTOMARY ACCEPTANCE: AN ANALYSIS OF WOMEN – CENTRIC CRIMINAL JURISPRUDENCE IN CONTEXT OF MARITAL RAPE FROM IPC TO BNS

AUTHOR – PRIYANSHU KUMAR TRIPATHY & PALAK SONI

* ASSISTANT PROFESSOR, LAW, INSTITUTE OF LEGAL STUDIES, RANCHI UNIVERSITY, RANCHI.

** STUDENT, B.A.LL.B, JHARKHAND RAI UNIVERSITY

BEST CITATION – PRIYANSHU KUMAR TRIPATHY & PALAK SONI, MARITAL RAPE- SOCIETAL DISTURBANCE OR SILENTLY CUSTOMARY ACCEPTANCE: AN ANALYSIS OF WOMEN – CENTRIC CRIMINAL JURISPRUDENCE IN CONTEXT OF MARITAL RAPE FROM IPC TO BNS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (10) OF 2026, PG. 166-170, APIS – 3920 – 0001 & ISSN – 2583-2344.

“Women plus law equals magic; we prove that every day.^[1]

The transformation of the Indian Penal Code, 1860 to Bharatiya Nyaya Sanhita, 2023 has shifted the social and the legal status of the women in the society is one of the core discussions after this legislative change. This shift seems to be the approach towards survivor rather victim. But also at same parlance there is also a debate regarding this approach in context of substantive empowerment or only the symbolic approach towards the women victims.

This paper will deal with a comparative approach of the legislature in context of women in IPC and BNS. Along with it would discuss the change from victim to survivor approach towards the women in India. It also will tackle the feminist jurisprudence, restorative justice theory backed by the discussion in light of dignity. This piece of research would try to find the traces whether this BNS uses dignity oriented terminology for women or it carries neutral terminology, backed by comparison with other Nation State’s laws.

Moreover, this paper would focus on an approach to deal with the cases of the marital rape, whether BNS has shifted in this concept or denies full agency as like IPC. It also would provide few suggestive measures which may tackle the negative impact also after this modification from IPC to BNS.

Keywords: Victim, Survivor, Marital Rape, Feminist Jurisprudence, Gender Sensitive Balance

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[1] Lithwick Dalhia,(2022). Women, The Law And The Battle To Save America. Penguin Press

AI AS ARBITRATOR: TESTING THE BOUNDARIES OF SECTION 11 UNDER INDIAN ARBITRATION LAW

AUTHOR – KHAN SIMRAN SALIM, STUDENT AT GOVERNMENT LAW COLLEGE

BEST CITATION – KHAN SIMRAN SALIM, AI AS ARBITRATOR: TESTING THE BOUNDARIES OF SECTION 11 UNDER INDIAN ARBITRATION LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (10) OF 2026, PG. 164-165, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction:

In Today’s Time, AI has taken up space in almost every industry. Also, in places where one wrong move by AI can cost running blood to the involved parties. Likewise, AI has been also adapted in the Indian Legal Industries, specifically in Arbitration. Many parties to it prefer now ODR which is Online Dispute Resolution after post NITI Ayog in 2021. The question arises a er the fast-growing pase of AI in Legal world is whether can an AI Arbitrate under the 1996 Act?

Whether an AI can be considered as a “person” under sec on 11 of The General Clauses Act? The Supreme Court of India in its Judgement of “Perkins Eastman Architects DPC v. HSCC (India) Ltd”, established the scope of “Person” in arbitration.

DOES DIGNITY DIE? A CONSTITUTIONAL INQUIRY INTO POSTHUMOUS RIGHTS UNDER ARTICLE 21 OF THE INDIAN CONSTITUTION

AUTHOR – BISHAKHA BISWAS, STUDENT AT JIS UNIVERSITY

BEST CITATION – BISHAKHA BISWAS, DOES DIGNITY DIE? A CONSTITUTIONAL INQUIRY INTO POSTHUMOUS RIGHTS UNDER ARTICLE 21 OF THE INDIAN CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (10) OF 2026, PG. 158-163, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I1018

Abstract:

The thinking that has dominated debates about human rights in the mind of the constitution has been the one that sees rights exercised by living individuals who can claim and defend their rights in court. But contemporary constitutional discourses are increasingly recognizing that there are interests or rights that remain in existence even after the physical death of its holders. These concepts, like dignity of the deceased, posthumous reputation, posthumous privacy, posthumous image, and digital legacy have forced courts the world over to reconsider the connection of death and constitutional rights. In India, in the past, the Constitution under Article 21 provided only a limited protection against deprivation of life and personal liberty but later it has come to be used as a broad concept of human dignity. In judicial interpretation, the meaning of dignity has evolved from simply surviving to involving privacy, autonomy, reputation, and respectful treatment. Consequently, courts have begun to recognize that the concepts of fundamental principles are not about “once a person is dead, it is dead. This paper discusses the possibility of dignity beyond death and the possibility of constitutional protection for the deceased. The paper suggests that the constitutional value of dignity remains to impose obligations on the state and society as there is an emerging challenge in the digital era and Indian constitutional jurisprudence, comparative legal developments, and the law of fundamental rights generally end at death. The paper ends by saying that posthumous rights are not ‘rights’ in the customary sense of the term but rather ‘rights’ that are ‘constitutional duties’ owed to the living by virtue of their responsibility to respect the dignity of the deceased.

Keywords: Article 21, Constitutional Law, Human Rights, Death Jurisprudence, Posthumous Rights, Human Dignity and Right to Reputation.

ROLE OF MEDIATION IN COMMERCIAL DISPUTES

AUTHOR – P JANANI, STUDENT AT SCHOOL OF EXCELLENCE IN LAW – THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – P JANANI, ROLE OF MEDIATION IN COMMERCIAL DISPUTES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (10) OF 2026, PG. 148-157, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

Recently the Ministry of Law & Justice has notified some provisions of the much awaited the Mediation Act, 2023. The Central Minister of Law and Justice, Arjun Ram Meghwal mentioned in Rajya Sabha that the establishment of the Mediation Council of India under section 31 of the Mediation Act, 2023 was under process for institutionalization of the conduct of mediation in the country and One Working Group had been constituted for framing of subordinate legislation under the Act. On October 9, 2023, various provisions of the Mediation Act were brought into force by the Central Government, which inter alia, include provisions relating to : (i) non-applicability of the Mediation Act to the proceedings conducted by Lok Adalat and Permanent Lok Adalat (Section 26); (ii) Mediation Council of India (Section 31 to 38); (iii) Mediation Fund (Section 45 to 47); and (iv) other miscellaneous provisions such as definitions, power to make rules and regulations under the Mediation Act, power to remove difficulties in giving effect to the provisions of the Mediation Act, non-applicability to pending proceedings and transitionary provisions (Section 1, 3, 50 to 54, 56 to 57).

“DYING FOR DEVELPMENT: CONSTITUTIONAL SAFEGUARDS IGNORED IN PURSUIT OF GROWTH WITH SPECIAL REFERENCE TO DEFORESTATION IN INDIA”

AUTHOR – NISHA VERMA* & DR. DEO NARAYAN SINGH**

* LLM STUDENT, CUSB, GAYA

** ASSISTANT PROFESSOR, CUSB, GAYA

BEST CITATION – NISHA VERMA & DR. DEO NARAYAN SINGH, “DYING FOR DEVELPMENT: CONSTITUTIONAL SAFEGUARDS IGNORED IN PURSUIT OF GROWTH WITH SPECIAL REFERENCE TO DEFORESTATION IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (10) OF 2026, PG. 135-147, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The growing preference for economic development over environmental protection has heightened constitutional issues relating to forest governance in India. Infrastructure expansion, mining, industrialisation and strategic projects are often justified in the name of national development, but they have led to accelerated deforestation, weakened ecological safeguards and undermined the constitutional rights of forest-dependent communities. The paper is a critical analysis of the constitutional aspects of development-induced deforestation with reference to Forest (Conservation) Amendment Act, 2023, Draft Environmental Impact Assessment Notification, 2020 and recent judicial developments. It examines the impact of dilution of safeguards of the environment on the guarantees under Articles 21, 48A and 51A(g) of the Constitution and the rights of Scheduled Tribes under the Fifth and Sixth Schedules and Forest Rights Act, 2006. The study also analyzes the essential constitutional doctrines of sustainable development, the public trust doctrine, the precautionary principle, intergenerational equity and rights-based environmental governance. Using judicial precedents, legislative developments, empirical data on forest loss, government conservation initiatives and recent case studies such as Hasdeo Arand, Great Nicobar, and Aarey Forest, the article emphasizes the huge ecological, social and constitutional costs of unbridled developmental policies. It argues that constitutional governance demands a development model that integrates environmental justice, democratic participation, and ecological sustainability rather than treating them as obstacles to economic growth. The article concludes by recommending legislative reforms, stronger environmental institutions, judicial vigilance, and community-centred forest governance to restore the constitutional balance between development and environmental protection.

Keywords: Deforestation, Forest Conservation Act, Constitutional Safeguards, Article 21, Tribal Rights, CAMPA, Forest Conservation Amendment Act 2023, Environmental Governance

FAMILY AND SOCIAL LAW

AUTHOR – CHITRA, STUDENT AT AMITY UNIVERSITY LUCKNOW

BEST CITATION – CHITRA, FAMILY AND SOCIAL LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (10) OF 2026, PG. 131-134, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Family and social law forms an important area of law which regulates the affairs of families but also promotes social justice and protects individual rights. The field encompasses legal issues of marriage, divorce, child custody, adoption, inheritance, domestic violence, labor rights, social security and protection from discrimination. The main goal of family and social law is to uphold equality, protect vulnerable communities and maintain social cohesion through law. With societal changes, there have been changes in family and social laws and their implementation in the context of greater rights for women, children, elderly people and disadvantaged communities. Even though there have been great strides made in the area of law, some challenges, like lack of awareness, unequal access to justice and legal delays persist. This article analyzes family and social law in terms of its scope and importance along with recent trends in the area of law.

Keywords: family,Law,Social law, Divorce,culture,religion,marriage, Impact of both laws.

DIGITAL CONSTITUTIONALISM AND JUDICIAL REVIEW IN INDIA: EXAMINING ACCOUNTABILITY IN THE AGE OF ALGORITHMIC GOVERNANCE

AUTHOR – DR. LOKANATH SUAR, H.O.D. LLM DEPARTMENT, G.M. LAW COLLEGE, SRI VIHAR, PURI

BEST CITATION – DR. LOKANATH SUAR, DIGITAL CONSTITUTIONALISM AND JUDICIAL REVIEW IN INDIA: EXAMINING ACCOUNTABILITY IN THE AGE OF ALGORITHMIC GOVERNANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (10) OF 2026, PG. 125-130, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I1014

ABSTRACT

The incorporation of digitalisation into judicial review is changing the fundamental tenets of our Indian Constitution in the context of contemporary government. Beyond procedural savings, the impact of digitalisation on judicial review include issues like algorithmic bias, privacy concerns, and access to justice. The rapid advancement of technology was not anticipated by the constitution, which was drafted in the middle of the 20th century. Because of this, it might not fully address new digital concerns like artificial intelligence, the complexities of data usage and protection in the digital realm, and digital sovereignty. The 75th anniversary of our independence is a call to action as much as a time for celebration. Any legislation that is passed against the will’s mandate is null and void to the extent that it contravenes Art. 13(1) of the Indian Constitution. Significant advancements in the administration of justice have resulted from the integration of digital technology into the legal system, which has expanded the new era of rule of law and reformed the conventional judicial system. Social media sites now play a crucial role in influencing public opinion. Problems with content moderation, hate speech, disinformation, inciting violence, and discrimination have arisen as a result of the platform. The Indian Constitution’s Articles 21 and 19, as well as other articles, are dealing with new issues pertaining to establishing laws and policies for the country and its citizens. These digital issues include misinformation, online harassment, content moderation, misuse of AI, and more. to lessen the many difficulties. We need to improve our skills and knowledge across the board.

Keywords: Digitalisation, Judicial Review, Algorithmic Bias, Artificial Intelligence, Rule of Law, Freedom of Speech &Expression, Right to Life &Liberty, Digital sovereignty, Digital space.