Author: PRASANNASRI26092001

PRIVACY AGAINST TRANSPARENCY: ENFORCEMENT CHALLENGES AT THE INTERSECTION OF THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023 AND THE RIGHT TO INFORMATION ACT, 2005

AUTHOR – BEROZ SHERIM J* & R. THENDRALARASI**

* 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 – BEROZ SHERIM J & R. THENDRALARASI, PRIVACY AGAINST TRANSPARENCY: ENFORCEMENT CHALLENGES AT THE INTERSECTION OF THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023 AND THE RIGHT TO INFORMATION ACT, 2005, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 427-434, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I643

ABSTRACT:

The enactment of the Digital Personal Data Protection Act, 2023 (DPDP Act) marks a defining moment in Indian information governance. Yet the statute’s most consequential provision — Section 44(3), which amends Section 8(1)(j) of the Right to Information Act, 2005 (RTI Act) — has received insufficient scholarly scrutiny. By substituting a nuanced, proportionality-driven public interest override with an unqualified reference to ‘personal data’, the legislature has created a conflict of constitutional and institutional magnitude. This article examines the doctrinal foundations of both the right to information and the right to privacy as co-equal fundamental rights under the Indian Constitution, analyses the specific legislative and institutional conflicts generated by the DPDP-RTI interface, and draws on comparative frameworks from the European Union, the United Kingdom, and South Africa to advance a case for a harmonised privacy-transparency framework. The article concludes that Section 44(3) fails the proportionality test articulated in Justice K S Puttaswamy v Union of India and proposes legislative, institutional, and interpretive reforms necessary to restore constitutional coherence.

Keywords: Digital Personal Data Protection Act 2023; Right to Information Act 2005; Section 44(3); privacy; transparency; proportionality; Data Protection Board of India; Central Information Commission; GDPR; constitutional law.

CRITICAL ANALYSIS ON CLOSING THE GOVERNANCE GAP: ENFORCEMENT DEFICITS, STRUCTURAL VULNERABILITIES, AND THE REFORM IMPERATIVES OF INDIA’S CORPORATE GOVERNANCE ARCHITECTURE

AUTHOR – VIJAYENDRA SAEE* & 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 – VIJAYENDRA SAEE & MS. K. KEERTHANA, CRITICAL ANALYSIS ON CLOSING THE GOVERNANCE GAP: ENFORCEMENT DEFICITS, STRUCTURAL VULNERABILITIES, AND THE REFORM IMPERATIVES OF INDIA’S CORPORATE GOVERNANCE ARCHITECTURE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 415-426, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I642

ABSTRACT

Corporate governance in India occupies a paradoxical position: a statutory and regulatory architecture that bears close comparison with leading international standards coexists with a recurring pattern of governance failure that exposes deep structural and enforcement inadequacies. This article advances a critical, reform-oriented analysis of the Indian corporate governance framework, focusing on three interconnected structural vulnerabilities: the persistent compromise of board independence arising from promoter dominance and appointment-capture; the inadequacy of audit oversight mechanisms as demonstrated by successive corporate frauds; and the systemic misuse of related-party transactions as instruments of minority shareholder expropriation. Drawing upon the Companies Act 2013, the SEBI (Listing Obligations and Disclosure Requirements) Regulations 2015, the Insolvency and Bankruptcy Code 2016, and landmark judicial pronouncements of the Supreme Court, the article situates these vulnerabilities within the theoretical frameworks of agency theory and stakeholder theory. It identifies the central lacuna in India’s governance programme as a structural enforcement deficit — the failure to translate formally adequate legal norms into substantive governance outcomes. The article further examines the contribution of judicial decision-making, institutional investor engagement, and recent regulatory developments including SEBI’s revised related-party transaction framework and the Business Responsibility and Sustainability Reporting regime to governance effectiveness. It concludes with targeted normative recommendations addressing independent director appointment reform, audit committee empowerment, related-party transaction governance, and enforcement architecture, arguing that India’s governance trajectory must shift decisively from a compliance orientation towards a culture of substantive accountability if the aspirations of the corporate governance reform programme are to be meaningfully realised.

Keywords: Corporate Governance; Companies Act 2013; Board Independence; Related-Party Transactions; Enforcement; Promoter Dominance; SEBI; Audit Oversight; India.

PROTECTION OF MINORITY SHAREHOLDERS AND THE DOCTRINE OF CORPORATE VEIL: A CRITICAL STUDY

AUTHOR – ISHA VERMAN, LLM (BUSINESS LAW) STUDENT AT AMITY INSTITUTE OF ADVANCED LEGAL STUDIES, AMITY UNIVERSITY UTTAR PRADESH

BEST CITATION – ISHA VERMAN, PROTECTION OF MINORITY SHAREHOLDERS AND THE DOCTRINE OF CORPORATE VEIL: A CRITICAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 406-414, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I641

ABSTRACT

The principle of separate legal personality, established in Salomon v. A. Salomon & Co. Ltd. (1897), forms the cornerstone of modern corporate law by recognizing companies as distinct legal entities from their shareholders. While this doctrine, embodied in the concept of corporate veil, has facilitated commercial growth through limited liability protection, it has simultaneously created an inherent power imbalance between majority and minority shareholders, particularly in closely held and family-controlled companies. Minority shareholders, despite contributing capital, often lack effective control and remain vulnerable to oppression, mismanagement, exclusion from management, diversion of funds, and abuse of corporate resources by majority shareholders.

This research critically examines the intersection between minority shareholder protection and the doctrine of corporate veil under Indian company law. The study analyzes the adequacy of statutory safeguards provided under the Companies Act, 2013, including provisions relating to oppression and mismanagement (Sections 241-245), class action suits, and derivative actions. While these remedies exist in statute, their practical effectiveness is often undermined by procedural complexities, high litigation costs, delays in adjudication, and evidentiary burdens placed on minority shareholders.

The research further investigates the judicial doctrine of lifting or piercing the corporate veil as a remedial mechanism to prevent abuse of corporate power. When corporate personality is misused as a façade to perpetrate fraud, evade legal obligations, or oppress minority shareholders, courts have intervened by disregarding the corporate veil to identify and hold accountable the real persons behind the corporate structure. However, the application of this doctrine remains inconsistent and lacks clearly defined standards, creating uncertainty in its utility as a protective tool.

Adopting a doctrinal and analytical methodology, this study examines primary sources including statutory provisions, judicial precedents from Indian courts and tribunals, and constitutional principles, supplemented by secondary sources such as textbooks, research articles, and commentaries. A comparative perspective is employed by analyzing the position in other common law jurisdictions, particularly the United Kingdom, to identify best practices and alternative approaches.

The research addresses six key questions: the legal protections available to minority shareholders under Indian law; the significance of the corporate veil doctrine; how the doctrine affects minority shareholder rights and remedies; the effectiveness of veil lifting in preventing corporate abuse; existing challenges and gaps in its application; and potential measures to strengthen protection without undermining separate legal personality.

The study hypothesizes that existing legal provisions are insufficient to effectively protect minority shareholders from oppression and that rigid application of the corporate veil doctrine may facilitate power abuse by majority shareholders. It posits that judicial intervention through veil lifting plays a significant role in ensuring fairness and accountability, and that clearer legal standards can strengthen minority shareholder protection and improve corporate governance.

Through systematic analysis across six chapters covering introduction, conceptual framework, statutory protection mechanisms, the doctrine of corporate veil and its lifting, comparative perspectives, and findings with recommendations, this research aims to contribute to academic discourse and legal reform. The study seeks to achieve a balanced approach that respects corporate autonomy while ensuring meaningful protection of minority shareholder interests, thereby promoting equitable corporate governance and preventing abuse of corporate power in modern business structures.

KEY WORDS : Minority Shareholder Protection, Corporate Veil, Separate Legal Personality, Oppression and Mismanagement, Companies Act 2013, Indian Company Law, Lifting the Corporate Veil, Corporate Governance.

THE MYTH OF A UNIVERSAL REFUGEE REGIME: A COMPARATIVE ANALYSIS OF FRAGMENTATION IN GLOBAL REFUGEE PROTECTION

AUTHOR – YASH PRAKASH* & DR. RAJIV BHARTIYA**

* LLM, ICFAI UNIVERSITY, DEHRADUN.

** ASSISTANT PROFESSOR, DEPARTMENT OF LAW, ICFAI UNIVERSITY, DEHRADUN.

BEST CITATION – YASH PRAKASH & DR. RAJIV BHARTIYA, THE MYTH OF A UNIVERSAL REFUGEE REGIME: A COMPARATIVE ANALYSIS OF FRAGMENTATION IN GLOBAL REFUGEE PROTECTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 382-396, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The international refugee protection system is often described as a universal legal framework built on the 1951 Refugee Convention and its 1967 Protocol.^[1] This paper challenges that assumption, arguing that this sense of universality is more apparent than real.^[2] By comparing refugee protection practices across Europe, Africa, the Middle East, and Asia, the study shows that the global refugee system is highly fragmented, with significant differences in how protection is provided in different regions.^[3] Although the legal norms may appear consistent, their actual implementation is shaped by political priorities, economic capacity, and institutional strength, leading to uneven and often inconsistent outcomes for refugees.^[4] The paper ultimately argues that, rather than functioning as a single, coherent regime, the current system operates as a set of regionally distinct frameworks—highlighting the need to rethink how global refugee governance is understood and structured.^[5]

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^[1] Convention Relating to the Status of Refugees, July 28, 1951, 189 U.N.T.S. 137; Protocol Relating to the Status of Refugees, Jan. 31, 1967, 606 U.N.T.S. 267.

^[2] B.S. Chimni, The Geopolitics of Refugee Studies: A View from the South, 11 J. Refugee Stud. 350, 351–52 (1998).

^[3] Alexander Betts, Survival Migration: Failed Governance and the Crisis of Displacement 23–27 (2013).

^[4] James C. Hathaway, The Rights of Refugees Under International Law 3–10 (2d ed. 2021).

^[5] Gil Loescher, Alexander Betts & James Milner, The United Nations High Commissioner for Refugees (UNHCR): The Politics and Practice of Refugee Protection into the Twenty-First Century 70–75 (2008).

“ROLE OF COMMITTEE OF CREDITORS (COC): COMMERCIAL WISDOM VS JUDICIAL REVIEW”

AUTHOR – NITI NANCY, L.L.M. STUDENT, CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

BEST CITATION – NITI NANCY, “ROLE OF COMMITTEE OF CREDITORS (COC): COMMERCIAL WISDOM VS JUDICIAL REVIEW”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 376-381, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Committee of Creditors (CoC) is established as the key decision-making authority in the Corporate Insolvency Resolution Process (CIRP) in the Insolvency and Bankruptcy Code, 2016 (IBC). The commercial wisdom doctrine gives the CoC broad powers to accept or to refuse a resolution plan, restricting judicial review of such matters by establishing authorities like National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT). Nonetheless, it becomes problematic when such freedom interferes with values of fairness, transparency, and protection of stakeholders. Although courts give deference to the commercial judgments of the CoC, it has in some cases intervened to make sure that its commercial judgments do not override the statutory requirements and to avoid arbitrariness. The paper discusses how the jurisprudence on the balance between CoC commercial wisdom and the limits of the judicial review has been shifting by considering the landmark cases and their consequences within the resolution of insolvency. It claims that there ought to be the balanced approach to ensure both efficiency and accountability in the IBC framework.

EMERGENCY ARBITRATION IN INDIA: LEGAL RECOGNITION AND PRACTICAL CHALLENGES

AUTHOR – NITI NANCY, L.L.M. STUDENT, CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

BEST CITATION – NITI NANCY,EMERGENCY ARBITRATION IN INDIA: LEGAL RECOGNITION AND PRACTICAL CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 369-375, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Emergency arbitration has become a vital practice in the modern dispute resolution process; parties are allowed to seek immediate interim redress in presence of the constitution of arbitral tribunal. The concept has become more and more relevant in India in connection with the rise of institutional arbitration and international business deals. Even though the current state of affairs with emergency arbitrators under the Arbitration and Conciliation Act, 1996 does not yet explicitly acknowledge it, there has been a gradual recognition of emergency awards as a result of judicial practice, especially since the 2015 and 2019 amendments. Cases accepted as landmark, like the Amazon.com NV Investment Holdings LLC v. Future Retail Ltd. cases have stated that emergency arbitrator orders are enforceable in some situations. Nevertheless, there are the more practical difficulties like the feasibility questions, absence of statutory details and discrepancies in judicial understanding. This paper critically analyses the legal status of emergency arbitration in India and points out at the procedural and institutional challenges, which still hinder its successful introduction.

CORPORATE GOVERNANCE AND SECURITIES LAW: EVALUATING DISCLOSURE NORMS IN LISTED COMPANIES

AUTHOR – NITI NANCY, L.L.M. STUDENT, CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

BEST CITATION – NITI NANCY, CORPORATE GOVERNANCE AND SECURITIES LAW: EVALUATING DISCLOSURE NORMS IN LISTED COMPANIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 362-368, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In the contemporary financial markets, regulations on securities and corporate governance have an important role to play in promoting transparency, accountability and investor protection. Framed by disclosure requirements (including, e.g., the SEBI (Listing Obligations and Disclosure Requirements) 2015, disclosure norms play a key role in ensuring market integrity and informed decision-making. The following paper will discuss the effectiveness of listed company disclosure requirements in India particularly in terms of adequate disclosure requirements, their enforcement and practical difficulties. It assesses the use of the current norms in light of the issues, including; information asymmetry, insider trading, and corporate mismanagement. Judicial interpretation and regulatory intervention by Securities and Exchange Board of India are also discussed in the study. The paper highlights the necessity of more effective monitoring mechanisms and more corporate responsibility by finding the gaps on compliance and enforcement. Finally, it even claims that strong disclosure norms cannot be neglected in promoting investor confidence and the sustainable practice of corporate governance.

STRUCTURING CROSS-BORDER M&A TRANSACTIONS TO NAVIGATE INDIAN REGULATORY BARRIERS: A LEGAL PERSPECTIVE

AUTHOR – CHIRAG YADAV* & DR. SUSANTA SHADANGI**

* STUDENT AT ICFAI UNIVERSITY, DEHRADUN

** ASSOCIATE PROFESSOR AT ICFAI UNIVERSITY, DEHRADUN

BEST CITATION – CHIRAG YADAV & DR. SUSANTA SHADANGI, STRUCTURING CROSS-BORDER M&A TRANSACTIONS TO NAVIGATE INDIAN REGULATORY BARRIERS: A LEGAL PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 348-361, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Cross-border mergers and acquisitions (M&A) represent one of the most complex categories of corporate transactions, particularly when they involve India as either the acquirer or the target jurisdiction. The Indian regulatory ecosystem governing such transactions is layered and multidimensional, encompassing foreign exchange controls under the Foreign Exchange Management Act, 1999, competition law clearances under the Competition Act, 2002, securities law requirements under the SEBI Takeover Code, and a wide array of sector-specific approvals. This paper undertakes a systematic legal analysis of the principal regulatory barriers confronted by foreign investors in cross-border M&A transactions involving India. It further proposes a set of structuring strategies  ranging from careful entity selection and phased investment approaches to creative use of joint ventures, asset acquisitions, and scheme-of-arrangement mechanisms  that can meaningfully reduce regulatory friction. The paper concludes with an assessment of emerging trends, including the competition law overhaul introduced by the Competition Amendment Act, 2023, proposed SEBI reforms to streamline scheme approvals, and the strategic opportunities opening up through India’s National Monetization Pipeline and Production Linked Incentive schemes. The analysis proceeds from the conviction that regulatory barriers, while real, are rarely insurmountable  and that a legally informed, proactively structured transaction stands a considerably better chance of achieving its commercial objectives.

Keywords: Cross-border M&A, Foreign Exchange Management Act, Competition Act, SEBI Takeover Code, FDI policy, deal structuring, joint ventures, competition clearance.

ISSUES IN CYBER FORENSICS IN INDIA

AUTHOR – MANSI SINGH, STUDENTS AT AMITY UNIVERSITY, LUCKNOW CAMPUS

BEST CITATION – MANSI SINGH, ISSUES IN CYBER FORENSICS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 336-347, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Cyber forensics, also known as digital forensics, is a critical field in modern criminal investigations, especially in the context of rapidly increasing cybercrime. It involves the systematic process of identifying, collecting, preserving, examine and presenting digital evidence from electronic devices such as computers, mobile phones and networks. In India, the expansion of internet access,  widespread use of  smartphones and  growth  of digital payment systems have  significantly  increased the number and complexity  of cybercrimes, including online fraud, identity theft, hacking and ransomware attacks.

Cyber forensics has become essential for law enforcement agencies to trace cybercriminals and ensure that digital evidence is admissible in courts. However, despite its importance, the field faces several serious challenges in India. The primary issues is the inadequacy of existing legal frameworks, which often struggle to keep pace with rapidly evolving technologies and sophisticated cyber threats. There is a shortage of trained cyber forensic professionals, which limits the efficiency and effectiveness of investigations.

Keywords: Cyber Forensics, Digital Evidence, Cybercrime, India, Legal Challenges, Data Privacy, Investigation

THE ROLE OF ARTIFICIAL INTELLIGENCE IN STRENGTHENING CYBER LAW ENFORCEMENT IN INDIA

AUTHOR – AKASHKUMAR.M* & KIRUBA SHARMILA**

* STUDENT AT VISTAS

** PROFESSOR AT VISTAS

BEST CITATION – AKASHKUMAR.M & KIRUBA SHARMILA, THE ROLE OF ARTIFICIAL INTELLIGENCE IN STRENGTHENING CYBER LAW ENFORCEMENT IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 01-05, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I633

Introduction

The rapid advancement of digital technologies has brought about a revolutionary transformation in the way societies function. From online banking and e-commerce to digital governance and virtual communication, the integration of technology into everyday life has created a highly interconnected global environment. While these developments have enhanced efficiency and accessibility, they have also led to the emergence of cyber crime as a significant threat in the modern era.

Cyber crime refers to illegal activities carried out using computers, digital devices, and networks. These crimes include hacking, identity theft, phishing, cyberstalking, financial fraud, ransomware attacks, and cyber terrorism. The increasing reliance on digital infrastructure has made individuals, organizations, and governments vulnerable to such threats. Traditional law enforcement methods often struggle to keep pace with the dynamic and complex nature of cyber crimes.

Artificial Intelligence (AI) has emerged as a transformative technology capable of addressing these challenges. By enabling machines to analyze vast amounts of data, identify patterns, and make decisions, AI has become a powerful tool in enhancing cyber law enforcement. In India, where digitalization is rapidly expanding through initiatives such as Digital India, the integration of AI into cyber security and legal enforcement mechanisms is of critical importance.

This research paper aims to examine the role of artificial intelligence in strengthening cyber law enforcement in India. It explores the concept and evolution of AI, its applications in cyber security, the existing legal framework, judicial perspectives, challenges, and necessary reforms. The study highlights how AI can contribute to building a secure and resilient digital ecosystem.