Author: PRASANNASRI26092001

DATA PRIVACY AND PROTECTION IN INDIA: A CRITICAL DOCTRINAL ANALYSIS OF THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023 IN THE LIGHT OF CONSTITUTIONAL STANDARDS AND INTERNATIONAL BENCHMARKS

AUTHOR – G. MAHENDHIRA ADHITHYA* & Ms. K. KEERTHANA**

* STUDENT AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – G. MAHENDHIRA ADHITHYA & Ms. K. KEERTHANA, DATA PRIVACY AND PROTECTION IN INDIA: A CRITICAL DOCTRINAL ANALYSIS OF THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023 IN THE LIGHT OF CONSTITUTIONAL STANDARDS AND INTERNATIONAL BENCHMARKS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 13-23, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I73

ABSTRACT

The governance of personal data in India stands at a constitutionally consequential inflection point. The unanimous recognition of informational privacy as a fundamental right by a nine judge bench of the Supreme Court of India in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) 10 SCC 1 imposed a proportionality calibrated constitutional mandate upon all subsequent legislative endeavor’s in this domain. The Digital Personal Data Protection Act, 2023 (DPDPA), India’s first purpose specific data protection statute, represents the culmination of a protracted and politically contested legislative process. This article undertakes a rigorous doctrinal analysis of the DPDPA 2023, situating it within the constitutional architecture erected by the Puttaswamy jurisprudence and evaluating it against the normative standards established by the European Union’s General Data Protection Regulation (GDPR). The analysis reveals that while the Act constitutes a genuine legislative advance, it is marred by structural deficiencies of constitutional significance: the sweeping executive exemption under Section 17(2) fails the proportionality standard; the Data Protection Board’s dependence on executive appointment compromises institutional independence; the omission of rights to data portability and protection against automated decision making leaves critical lacunae; and the whitelist based cross border transfer mechanism substitutes diplomatic pragmatism for objective adequacy review. Drawing on comparative frameworks from the European Union and the United Kingdom, and examining the practical dimensions of enforcement deficits, surveillance accountability gaps, and the emerging challenge of algorithmic governance, this article advances a programme of legislative, institutional, and policy reforms directed at aligning India’s data protection framework with its constitutional aspirations.

Keywords: Data Privacy; Digital Personal Data Protection Act 2023; Informational Self Determination; Proportionality Doctrine; GDPR; Data Protection Board; Surveillance; Algorithmic Decision Making; Constitutional Rights; Comparative Data Law.

JUDICIAL APPROACHES TO CLIMATE CHANGE AND SUSTAINABLE DEVELOPMENT

AUTHOR – V. VAIRAJYOTHI. PROFESSOR AT GTN LAW COLLEGE, DINDIGUL

BEST CITATION – V. VAIRAJYOTHI, JUDICIAL APPROACHES TO CLIMATE CHANGE AND SUSTAINABLE DEVELOPMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 05-12, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Every nation in the world is coping with climate change, which has now crossed national borders and endangered all species. Innovative attorneys have brought climate issues to court even in nations without laws or rules addressing the issue, despite the fact that many nations have passed rules and regulations to do so. This abstract looks at significant cases that have widened legal frameworks and encouraged sustainable development. Two notable and well-known cases are MK Ranjitsinh and IRS v. UOI 2024. Articles 14 and 21 in the Constitution were expanded by the SC, which concluded that citizens had a basic right to be protected from the varied effects of climate change.Key cases pertaining to constitutional rights include M.C. Mehta vs UOI, 1987, Tehri Vidrohi Sangharsh Samiti vs. State of Uttar Pradesh,1990, Olga Tellis and Others vs Bumbai Municipal Corporation and Others, Vellore Citizens Welfare Forum, 1996, Kendra Dehradun vs. State of UP.

Gloucester Resources Limited v. Planning Minister, 2019: Since the project’s economic benefits were deemed “uncertain and substantially overstated,” the decision is not based only, or even primarily, on climate change considerations; rather, it is based on more thorough planning as well as environmental considerations alongside a complete cost-benefit analysis.

 Juliana v. United States (2016): In this instance, young climate activists argue that the US government’s actions and negligence on climate change violate the Constitution’s guarantees to life, liberty, and the possession of property. The case has raised awareness of intergenerational equity and climate justice despite legal challenges.

In Sharma v. Union of India (2023), The Indian Supreme Court ordered the government to take prompt action to combat air pollution in Delhi-NCR, emphasizing the link between atmospheric pollution and climate change.

The UK High Court held in R (ClientEarth) v. Secretary of State for Transport (2023) that the Nation’s net-zero strategy is insufiicient, which emphasized the need for specific actions to reach climate targets. In State of Odisha v. Union of India (2024), The Indian Supreme Court emphasized the need for sustainable development with safeguarding the environment in the midst of mining activities, highlighting the importance of finding a balance among environmental concerns and economic advancement. The following noteworthy case laws highlight the expanding application of legal tools to combat climate change and promote sustainable development the People’s Climate Case (2021), Milieudefensie v. Shell (2021), Le Quéré v. France (2021), and Urgenda Foundation v. State of the Netherlands (2015). They emphasize the importance of responsibility and equity across generations as well as the part courts play in advancing climate action.

“OLD PENSION SCHEME VS NEW PENSION SCHEME IN INDIA: A COMPARATIVE, FISCAL, SOCIAL & POLICY ANALYSIS”

AUTHOR – DR. WAHEED ALAM, ASSISTANT PROFESSOR AT FACULTY OF LAW, SHIA PG COLLEGE, LUCKNOW

BEST CITATION – DR. WAHEED ALAM, “OLD PENSION SCHEME VS NEW PENSION SCHEME IN INDIA: A COMPARATIVE, FISCAL, SOCIAL & POLICY ANALYSIS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 01-04, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I71

Abstract

The transition from the Old Pension Scheme (OPS), a defined-benefit pension system, to the New Pension Scheme (NPS), a defined-contribution model, represents one of the most significant public policy shifts in India’s social security architecture. This paper examines the structural differences between OPS and NPS, their fiscal implications, social welfare outcomes, employee perspectives, and institutional challenges. Drawing upon official reports (OASIS Committee, PFRDA annual reports), state-level case studies of reversion, and empirical data, the paper argues that while NPS offers greater fiscal sustainability, it introduces risks and uncertainties for retirees, especially lower‐income government employees. The paper proposes hybrid approaches and specific policy reforms—such as inflation-indexed annuities and minimum guaranteed pensions—to reconcile financial sustainability with social protection.

Keywords: Old Pension Scheme (OPS), New Pension Scheme (NPS), Defined Benefit, Defined Contribution, Pension Reform, Fiscal Sustainability, Annuity, India, Social Security.

REGULATING PLATFORM-BASED WORK: ASSESSING EMPLOYER LIABILITY OF AGGREGATORS IN INDIA

AUTHOR – NAGA BALAJI JAKKA, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – NAGA BALAJI JAKKA, REGULATING PLATFORM-BASED WORK: ASSESSING EMPLOYER LIABILITY OF AGGREGATORS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 960-971, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The rise of digital platforms has fundamentally altered the nature of work. Millions of workers in India today earn their livelihoods by providing services—rides, deliveries, domestic help, freelance tasks—through mobile applications operated by aggregator companies. These workers are typically classified as independent contractors, not employees, placing them outside the reach of core labour protections that govern wages, working hours, social security, and occupational safety. This article critically examines whether India’s legal framework adequately addresses the question of employer liability for aggregators in platform-based work. It analyses the relevant provisions of the four Labour Codes enacted between 2019 and 2020, with particular focus on the Code on Social Security, 2020, which for the first time recognises gig and platform workers as a distinct category. The article critically evaluates the existing definitions of ‘aggregator,’ ‘gig worker,’ and ‘platform worker,’ examines the tests used by Indian courts to determine employment status, traces comparative developments in the United Kingdom, the European Union, France, and Australia, and analyses recent Indian legislative initiatives including the Rajasthan Platform Based Gig Workers (Registration and Welfare) Act, 2023. It argues that India’s current approach—creating a sui generis social security framework while preserving the independent contractor classification—is an incomplete and ultimately unsatisfactory solution that fails to confront the structural power imbalance at the core of platform work. The article concludes with recommendations for a more comprehensive regulatory framework that imposes genuine employer-like obligations on aggregators proportionate to the control they exercise over platform workers.

Keywords: Platform Work, Gig Economy, Aggregators, Employer Liability, Code on Social Security 2020, Labour Codes, Gig Workers, Independent Contractor, Employment Status, Rajasthan Gig Workers Act.

MISUSE OF DOWRY PROHOBITON ACT 1961

AUTHORS – SUDISH KUMAR K* & MISS. ATHIRA V**

* STUDENT AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – SUDISH KUMAR K & MISS. ATHIRA V, MISUSE OF DOWRY PROHOBITON ACT 1961, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 956-959, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

One of the most enduring social problems in Indian society is dower, which has its roots in customs and culture. The Dowry Prohibition Act of 1961 is the most important piece of law in this area.In addition to preventing exploitation and tyranny, a legal system must provide justice for all parties. There is a reason why dowry rules, especially those found in the Indian Penal Code, 1860, like Section 498A, are abused. Dowry law abuse may also be influenced by social and familial influences.

MINORITY SHAREHOLDER PROTECTION IN INDIA: A CRITICAL ANALYSIS OF OPPRESSION AND MISMANAGEMENT UNDER THE COMPANIES ACT, 2013

AUTHOR – SHUBHAM SAINI, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – SHUBHAM SAINI, MINORITY SHAREHOLDER PROTECTION IN INDIA: A CRITICAL ANALYSIS OF OPPRESSION AND MISMANAGEMENT UNDER THE COMPANIES ACT, 2013, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 945-955, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The relationship between majority and minority shareholders in a company is inherently unequal. Majority shareholders control the board, dominate general meetings, and set the direction of the enterprise. Minority shareholders, by contrast, often lack the power to influence corporate decisions and may find themselves at the mercy of those who hold controlling stakes. The law of oppression and mismanagement exists to correct this imbalance—to ensure that majority power does not become a license for abuse. This article critically examines the framework for minority shareholder protection in India under the Companies Act, 2013, with particular emphasis on the provisions relating to oppression and mismanagement under Sections 241 to 246. The article traces the evolution of the law from the Companies Act, 1956, analyses the structural changes introduced in 2013, and critically evaluates judicial interpretations of key provisions—including the landmark Tata-Mistry litigation. It also examines complementary protections under corporate governance norms and securities law, identifies persistent weaknesses in the current framework, and offers concrete recommendations for reform. The article argues that while the 2013 Act has improved minority protection in meaningful ways, gaps remain in the effectiveness of remedies, the accessibility of proceedings before the NCLT, and the enforcement of shareholder rights in closely held and family-owned companies.

Keywords: Minority Shareholders, Oppression, Mismanagement, Companies Act 2013, NCLT, Class Action, Corporate Governance, Majority Rule, Shareholder Rights.

FROM STATE SUBJECTS TO DOMICILE HOLDERS: THE LEGAL EVOLUTION OF PROPERTY INHERITANCE FOR TRIBAL WOMEN IN JAMMU & KASHMIR

AUTHOR – GANESH AAKASH. R* & DR. SONAKSHI VARSHNEY**

* STUDENT AT AMITY LAW SCHOOL NOIDA, AMITY UNIVERSITY UTTAR PRADESH

** ASSISTANT PROFESSOR OF LAW AT AMITY LAW SCHOOL NOIDA, AMITY UNIVERSITY UTTAR PRADESH

BEST CITATION – GANESH AAKASH. R & DR. SONAKSHI VARSHNEY, FROM STATE SUBJECTS TO DOMICILE HOLDERS: THE LEGAL EVOLUTION OF PROPERTY INHERITANCE FOR TRIBAL WOMEN IN JAMMU & KASHMIR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 934-944, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In 2019, the constitutional reorganisation of Jammu and Kashmir abolished a 100-year-old regime of state subject law and introduced a new domicile regime. The effect of this transition on tribal women in the area, mostly belonging to the Gujjar, Bakerwal, Gaddi and Sippi tribes was paradoxical: even as the abrogation of Articles 370 and 35A deprived tribal women of the state of some discriminatory measures which had disenfranchised them, it also introduced new legal uncertainties concerning the interaction between personal law and customary successy. The paper critically reviews the changing legal status of tribal women in Jammu and Kashmir through three different periods Dogra state subject regime, the constitutional period under the J&K Constitution (1956) and the post-reorganisation period and assesses whether the shift of legal identity of tribal women in Jammu and Kashmir has been substantive or merely rhetoric improvement of property inheritance rights of tribal women. It is argued in the paper that the continuation of Section 2(2) of the Hindu Succession Act 1956 which does not apply to the members of Scheduled Tribe, coupled with the lack of effectiveness of the customary rules in terms of succession, together with the fact that the Forest Rights Act 2006 has not been implemented in Jammu and Kashmir in the first place, leaves tribal women in a legal vacuum The three solutions to this structural deficit are referred to as legislative reform, judicial activism and community level legal literacy.

Keywords: Tribal women, Jammu and Kashmir, property inheritance, domicile law, Article 35A, Hindu Succession Act, customary law, Scheduled Tribes

A STUDY ON CASTE SYSTEM IN INDIAN POLITICS

AUTHOR – SAMUEL.S* & Ms. NANDHINI M**

* STUDENT AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – SAMUEL.S & Ms. NANDHINI M, A STUDY ON CASTE SYSTEM IN INDIAN POLITICS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 930-933, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I6496

ABSTRACT

In Indian culture, the term “caste” refers to a social class whose membership is mostly defined by birth. With the spread of Hinduism, this caste structure became entrenched and hereditary. The Laws of Manu (Manusmitri) proclaim the rule and complete impunity of upper castes while making reference to the impurity and servitude of outcasts. The lowest caste members are told that their standing in the caste system results from sins committed in a previous life. For offences like becoming literate or insulting a member of a dominating caste, harsh punishments including torture and death are intended. The most trustworthy text of Hinduism, Manusmitri, proposes extreme inequity as the governing principle of social affairs and justifies social exclusion. Caste still very much matters to Indian citizens even in the modern world, though one must point out that different groups of citizens have different reasons for maintaining the system of caste. Even in the present era, caste is still very important to Indian citizens, although it should be noted that different groups of citizens have varied motivations for upholding the caste system. In order to subjugate the lower castes and preserve their dominance, the upper castes aim to keep caste alive. The politics of ideology and the politics of action can be distinguished in every emerging political system.Some of the most crucial elements of the nature and course of political change in such a system can be revealed by analyzing the reciprocal activity between the two.

  The caste system is one of the oldest social institutions in India, deeply influencing social, economic, and political life. Traditionally based on birth, caste determines social status, occupation, and access to resources. Even after independence and the adoption of the Constitution, caste continues to shape Indian politics in significant ways.In a democratic setup like India, political parties often rely on caste identities to mobilize voters. This has led to the emergence of caste-based politics, where communities vote collectively based on shared caste interests.

NEURO DEVELOPMENT AND CRIMINAL RESPONSIBILITY – A JUVENILE PERSPECTIVE

AUTHOR – MS. PUSHTI TANNA & MS. KHUSHI KULKARNI

STUDENTS AT KES’ SHRI JAYANTILAL PATEL LAW COLLEGE,MUMBAI

BEST CITATION – MS. PUSHTI TANNA & MS. KHUSHI KULKARNI, EMPLOYMENT INEQUALITY IN THE AGE OF ARTIFICIAL INTELLIGENCE: CHALLENGES AND POLICY RESPONSES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 912-929, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTARCT

Juvenile delinquency refers to illegal activities by a minor – a person who is under the age of 18. The child, if found guilty of a crime, is tried under the Juvenile Justice (Care and Protection of Children) Act 2015. Juvenile crime has recently increased and is a concern to society, as youths are the nation’s future. This research looks into the factors of neuro psychology, brain development, disorders and other socio-economic factors that influence juvenile crime. It also discusses theories that aim to explain the abnormal behaviour in children. The study also highlights the difference between the child in conflict with the law and the child in need of care and protection, explaining their different legal treatment and implications of criminal responsibility.

The study uses a deductive method and a doctrinal research approach to understand the legal provisions, statutes and case laws to understand juvenile cases and the method of implication of criminal responsibility in relation to age. It also addresses the concept of the illusion of free will and normative standards in determining criminal responsibility. The study further analyses the establishment of criminal responsibility and mens rea in juveniles, where the cognitive ability is still developing. The research findings conclude that although the rights of children and juveniles are protected, there is a lack of infusion of neuropsychology and legal principles, which is required for a balanced legal framework between rehabilitation and accountability. 

 KEYWORDS – juvenile delinquency, cognitive ability, criminal responsibility, neuro-development and mens rea

THE LEGAL EFFICACY REGARDING WITH THE BORROWERS SAFEGUARD UNDER THE SARFAESI ACT, 2002

AUTHOR- MANISH KUMAR E* & N. AMUTHALAKSHMI**

* STUDENT AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – MANISH KUMAR E & N. AMUTHALAKSHMI, THE LEGAL EFFICACY REGARDING WITH THE BORROWERS SAFEGUARD UNDER THE SARFAESI ACT, 2002, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 902-911, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I6494

Abstract

This dissertation examines the effectiveness of the SARFAESI Act 2002 in balancing two competing objectives: enabling swift recovery of non-performing assets (NPAs) by banks and ensuring fair treatment of borrowers. Enacted in response to rising NPAs, the Act introduced a major shift by allowing secured creditors to enforce security interests without prior judicial intervention, thereby improving recovery efficiency. However, this expansion of creditor power has raised concerns regarding procedural fairness and borrower rights. The constitutional validity of the Act was upheld in Mardia Chemicals Ltd v Union of India, subject to the condition that borrower safeguards operate as meaningful protections. This study evaluates whether such safeguards are effective in practice, focusing on key provisions such as Sections 13 and 17. Using a doctrinal and analytical approach supported by case law and institutional data, the research finds that although the Act provides formal protections, their practical effectiveness is limited by procedural gaps, delays, and the limited capacity of Debt Recovery Tribunals. It concludes that while the legislative objective is sound, targeted reforms are necessary to ensure a more balanced and equitable framework.

Keywords: SARFAESI, Borrowers Safeguards, Debt recovery Tribunals, Debt recovery Appellate Tribunals, Legal Efficacy, Historical Background, Secured Creditor, Enforcement of Security Interest, RBI, Bankruptcy, Insolvency, Property Enforcement, Demand Notice.