Author: PRASANNASRI26092001

GOVERNING ALGORITHMS CARTELS: A CRITICAL APPRAISAL OF INDIAN COMPETITION LAW IN THE DIGITAL ECONOMY

AUTHOR – SREELAKSHMI LR* & DR. RENU MAHAJAN**

* STUDENT AT AMITY UNIVERSITY

** ASSOCIATE PROFESSOR AT AMITY UNIVERSITY

BEST CITATION – SREELAKSHMI LR & DR. RENU MAHAJAN, GOVERNING ALGORITHMS CARTELS: A CRITICAL APPRAISAL OF INDIAN COMPETITION LAW IN THE DIGITAL ECONOMY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 315-328, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The digital economy have been transforming at an unprecedented pace, wherein artificial intelligence (AI) and machine learning algorithms was no longer mere productivity tools but has to be structural forces shaping the modern market dynamics. This research report have to be delivering an exhaustive critical appraisal of how algorithmic cartels was operating and challenging the existing frameworks of Indian competition law, specifically Section 3 of the Competition Act, 2002.^[1] Traditionally, the competition jurisprudence were relying on an anthropocentric framework that require a “meeting of minds” to establish collusion. However, self-learning algorithms has to be capable of achieving tacit collusion without any human communication, which were creating a massive structural enforcement gap. The present study have been exploring the various typologies of algorithmic collusion, which was including the Messenger, Hub-and-Spoke, Predictable Agent, and Digital Eye scenarios. Through an in-depth doctrinal and empirical methodology, the analysis were evaluating landmark cases such as Samir Agrawal v. ANI Technologies Pvt. Ltd. and international precedents like United States v. Topkins and the RealPage litigation. Furthermore, the findings was assessing the recent Market Study on Artificial Intelligence and Competition released by the Competition Commission of India (CCI) in 2025, which were highlighting severe market concentration, such as NVIDIA holding 88% of the GPU market.^[2]

The report has to be critiquing the proposed Draft Digital Competition Bill, 2024, arguing that while it introduce ex-ante regulations for Systemically Significant Digital Enterprises (SSDEs), it largely omit specific provisions for autonomous algorithmic price-fixing. The economic models, including Q-learning and Nash equilibrium theories, was proving that algorithms naturally gravitate towards supra-competitive pricing. Ultimately, the research recommend a paradigm shift towards rebuttable presumptions, the reversal of burden of proof, and the integration of algorithmic audits to preserve fair competition. The existing laws has to be evolving rapidly, or the invisible agreements of machines was permanently destroying consumer welfare.

Keywords: Algorithmic Collusion, Competition Act 2002, Artificial Intelligence, Digital Markets Act, Systemically Significant Digital Enterprises, Tacit Collusion, Ex-ante Regulation, Q-learning, Nash Equilibrium.

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^[1] The Competition Act, 2002 (Act 12 of 2003), s. 3.

^[2] Competition Commission of India, “Market Study on Artificial Intelligence and Competition” 9 (2025).

TAX INCENTIVES FOR INVESTMENTS AND STARTUPS IN INDIA

AUTHOR – NANDHA S, STUDENT AT AMITY LAW SCHOOL

BEST CITATION – NANDHA S, TAX INCENTIVES FOR INVESTMENTS AND STARTUPS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 300-314, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Tax incentives play a crucial role in shaping the investment climate and startup ecosystem of India. Recognizing startups as key drivers of innovation, employment generation, and economic growth, the Government of India has introduced several tax benefits to encourage entrepreneurship and capital formation. These incentives include income tax exemptions, capital gains tax relief, angel tax exemptions, and deductions for eligible startups and investors. Initiatives such as Startup India, Make in India, and the Digital India Programme have significantly improved the ease of doing business by reducing tax burdens and providing financial relief during the initial years of operation. The fiscal framework under the Income Tax Act, 1961, along with complementary policies, has created a structured environment in which emerging businesses can access capital, scale their operations, and contribute to the broader national economy. While these incentives have positively influenced startup registrations and investment inflows, challenges such as complex compliance procedures, eligibility constraints, and limited awareness among entrepreneurs still persist. The study employs a doctrinal and analytical research methodology, drawing on statutory provisions, government reports, judicial interpretations, and secondary literature to evaluate the effectiveness of current tax policies. The findings indicate that while the existing tax incentive framework has laid a strong foundation for startup growth, continuous policy reforms, simplified procedures, and wider outreach are necessary to maximize their impact and ensure sustainable growth of the startup ecosystem. This dissertation recommends streamlining regulatory approvals, strengthening monitoring mechanisms, enhancing coordination between government and financial institutions, and increasing entrepreneurial awareness to fully realize the potential of India’s tax incentive regime.

Keywords: Tax Incentives, Startups, Investments, Income Tax Act 1961, Startup India, Angel Tax, Capital Gains Exemption, Section 80-IAC, Venture Capital, Entrepreneurship.

WRONGFUL CONVICTION IN CAPITAL CASES: DUE PROCESS FAILURES AND THE ADMINISTRATION OF DEATH PENALTY

AUTHOR – S. SAKTHI DEEPTHIKA, STUDENT AT AMITY INSTITUTE OF ADVANCED LEGAL STUDIES

BEST CITATION – S. SAKTHI DEEPTHIKA, WRONGFUL CONVICTION IN CAPITAL CASES: DUE PROCESS FAILURES AND THE ADMINISTRATION OF DEATH PENALTY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 290-299, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

India’s capital punishment architecture promises rigorous constitutional protection through Articles 20, 21, and 22, reinforced by Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) confirmation procedures (Sections 407-412), pregnancy commutation (Section 456), and mercy timelines (Section 472). Yet NCRB 2024 reveals 564 death row inmates with 77.4% trial court death sentences overturned on appeal exposing systemic trial contamination rather than appellate leniency. Six failure vectors converge catastrophically: custodial torture yielding coerced confessions (70-80% cases per Project 39A), eyewitness misidentification, forensic deficiencies (29 understaffed FSLs), prosecutorial misconduct, ineffective legal aid serving 90% indigent defendants, and caste/class-biased tunnel vision disproportionately afflicting Scheduled Castes/Tribes (28-35% overrepresentation).

This doctrinal study traces due process evolution from A.K. Gopalan (1950) proceduralism through Maneka Gandhi (1978) substantive revolution to Bachan Singh (1980) “rarest of rare” balancing. BNSS analysis reveals modernization gaps, while ICCPR scrutiny highlights isolation among 112 abolitionist states. UK CCRC model contrasts India’s judge-dependent review. Landmark cases—Dhananjoy Chatterjee (1994 depravity), Santosh Bariyar (2009 two-part test), Mukesh/Nirbhaya (2017 societal shock)—demonstrate doctrinal inconsistency (82% death references fail Bachan special reasons). Twelve reforms span immediate (video interrogations), medium (forensic databases), and structural horizons (Innocence Panels, moratorium). Thesis: wrongful convictions are systemic outcomes; fallible systems cannot ethically administer irreversible punishment without Article 21 violation.

Keywords: wrongful convictions, death penalty, BNSS 2023, rarest of rare, due process, Article 21, custodial torture, forensic science, CCRC, ICCPR

ARE GIG WORKERS REALLY ‘FREE’? THE HIDDEN REALITY BEHIND FLEXIBLE WORK IN INDIA

AUTHOR – TEESHA, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – TEESHA, ARE GIG WORKERS REALLY ‘FREE’? THE HIDDEN REALITY BEHIND FLEXIBLE WORK IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 285-289, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

India’s gig economy has expanded rapidly, with the workforce growing from 2.5 million in 2011-12 to nearly 7.7 million by 2023, projected to exceed 23 million by 2030. Platform companies market gig work as flexible, autonomous, and empowering a narrative embraced by workers seeking alternatives to rigid formal employment. This paper interrogates that promise of freedom by examining the structural realities of platform-based work in India. Drawing on secondary data, government reports, labour law frameworks, and international fairwork assessments, the study finds that algorithmic management, income volatility, classification as independent contractors, and the absence of enforceable social protections systematically undermine worker autonomy. The flexibility marketed to gig workers operates largely on terms dictated by platforms, locking workers into precarious conditions while shielding companies from statutory employer obligations. The paper concludes that meaningful freedom for gig workers requires regulatory intervention including reclassification frameworks, mandated social security contributions, and collective bargaining rights to rebalance the asymmetry between platform power and worker vulnerability.

Keywords: gig economy, platform work, labour rights, algorithmic control, precarious employment, India

DISTINCTION BETWEEN TORT AND CONTRACT: A FUNCTIONAL AND JURISPRUDENTIAL STUDY

AUTHOR – BHUMIKA BATRA, ADVOCATE, AMITY UNIVERSITY

BEST CITATION – BHUMIKA BATRA, DISTINCTION BETWEEN TORT AND CONTRACT: A FUNCTIONAL AND JURISPRUDENTIAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 278-284, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Tort law and contract law constitute two essential pillars of civil law, governing private relationships and defining the rights and duties of individuals. While both legal frameworks provide remedies for civil injury or loss, they operate on distinct principles and differ in terms of their source of obligation, scope of application, and legal outcomes. In contemporary legal practice, the lines between tortious liability and contractual liability have at times intersected, giving rise to interpretative challenges and scholarly debate. This research paper presents a functional and jurisprudential examination of the distinction between tort and contract by analysing their conceptual foundations, core elements, available remedies, and judicial treatment. The study underscores the importance of preserving a clear doctrinal separation between these two branches of law to promote consistency, fairness, and certainty in the resolution of civil disputes.

Keywords: Tort, Contract, Civil Responsibility, Negligence, Breach of Agreement, Jurisprudence

AN ANALYSIS ON UNFAIR TRADE PRACTICES AND THEIR LEGAL REMEDIES IN COMMERCIAL LAW

AUTHOR – PRATHEKSHA S* & MUHAMMED AMEEN**

* STUDENT AT VELS SCHOOL OF LAW

** PROFESSOR AT VELS SCHOOL OF LAW

BEST CITATION – PRATHEKSHA S & MUHAMMED AMEEN, AN ANALYSIS ON UNFAIR TRADE PRACTICES AND THEIR LEGAL REMEDIES IN COMMERCIAL LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 273-277, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/V6I525

Introduction

In today’s business world, unfair trade practices have grown to be a serious problem that impacts companies, consumers, and market competition. These tactics include predatory pricing schemes, misleading product descriptions, deceptive pricing, fraudulent advertising, and unethical commercial activities. In addition to misleading customers, such practices skew fair competition and provide unethical companies an unfair edge over moral rivals. Over time, the idea of unfair trade practices has changed as many legal systems have created rules to stop dishonest and exploitative corporate practices. To keep an eye on and punish unfair trade practices, nations all over the world have put in place specialized legislation and regulatory agencies. For example, mechanisms to control these acts and safeguard consumer rights are provided by the Consumer Protection Act in India, the Unfair Commercial acts Directive in the European Union, and the Federal Trade Commission (FTC) in the United States. Notwithstanding these legislative actions, difficulties still exist, particularly in light of the growth of digital commerce, marketing powered by AI, and the complexity of cross-border trade. By examining unfair trade practices’ history, legal frameworks, judicial interpretations, enforcement strategies, and difficulties, this research piece seeks to present a thorough overview of these practices. Along with evaluating the efficacy of the existing legal remedies, it will also look at how courts have influenced our understanding of unfair commercial practices through seminal case laws. Additionally, it will draw attention to new problems in international trade and e-commerce, where dishonest business practices are becoming more prevalent and frequently outside the purview of established legal systems.

In order to improve consumer protection and guarantee fair competition in an increasingly digitized and international economy, the study will conclude with recommendations for bolstering law enforcement and policy reforms. In addition to being required by law, addressing unfair trade practices is an essential first step in promoting openness, moral corporate practices, and long-term economic success.

LEGAL RIGHTS AND PROTECTION OF INTER-STATE MIGRANT WORKERS UNDER THE OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS CODE, 2020

AUTHOR – SHRI RAKSHA T S, STUDENT AT SCHOOL OF EXCELLENCE IN LAW THE TAMILNADU DR AMBEDKAR LAW UNIVERSIY, CHENNAI

BEST CITATION – SHRI RAKSHA T S, LEGAL RIGHTS AND PROTECTION OF INTER-STATE MIGRANT WORKERS UNDER THE OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS CODE, 2020, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 267-272, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

India is home to one of the largest internal migrant populations in the world, with millions of workers crossing state boundaries annually in search of their livelihoods. These workers have occupied a legal position. The Occupational Safety, Health and Working Conditions Code, 2020 consolidated and replaced thirteen central labour statutes, including the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, and introduced an expanded framework of rights and protections for inter-state migrant workers. This paper, analyses the specific entitlements it creates for migrant workers — including wage equality, journey fare, benefit portability, and grievance redressal — and situates these provisions within the broader constitutional framework established by landmark judicial pronouncements. This paper examines the evolution of the legal framework for inter-state migrant workers, critically analyses the rights and protections under the OSH Code, and evaluates its implementation challenges and implications for the welfare of migrant workers.

Keywords: Inter-State Migrant Workers, OSH Code 2020, Labour Law, Occupational Safety, Wage Portability, ISMA 1979,

“DEEPFAKE TECHNOLOGY AND LAW: A CRITICAL STUDY OF ITS LEGAL, CONSTITUTIONAL, AND REGULATORY IMPLICATIONS”

AUTHOR – P B AGASHVARMA* & T SAROJA DEVI**

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

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

BEST CITATION – P B AGASHVARMA & T SAROJA DEVI, “DEEPFAKE TECHNOLOGY AND LAW: A CRITICAL STUDY OF ITS LEGAL, CONSTITUTIONAL, AND REGULATORY IMPLICATIONS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 219-266, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/V6I524

Abstract

The rapid development of artificial intelligence has given rise to deepfake technology, which enables the creation of highly realistic but fabricated audio-visual content. While deepfakes have legitimate applications, their misuse poses serious threats to individual rights, public trust, and democratic institutions. Deepfake technology has been increasingly used for impersonation, non-consensual pornography, defamation, fraud, and political misinformation. Existing legal frameworks, however, were not designed to address such sophisticated forms of digital manipulation.

This research undertakes a doctrinal and analytical study of deepfake technology from a legal perspective, with particular emphasis on its impact on privacy, reputation, criminal liability, and constitutional rights. The study critically examines the adequacy of existing legal frameworks in India, analyzes judicial responses, and compares international regulatory approaches. The research further explores the necessity of a comprehensive legal framework to regulate deepfake technology effectively.

COPYRIGHT LAW AND DIGITAL EDUCATION IN INDIA: A STUDY OF FAIR DEALING AND ONLINE LEARNING PLATFORMS

AUTHOR – NANDINI RANA, LL.M. SCHOLAR, AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH, NOIDA

BEST CITATION – NANDINI RANA, COPYRIGHT LAW AND DIGITAL EDUCATION IN INDIA: A STUDY OF FAIR DEALING AND ONLINE LEARNING PLATFORMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 210-218, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The rapid proliferation of digital technology has fundamentally transformed the landscape of education in India, giving rise to a burgeoning ecosystem of online learning platforms, massive open online courses (MOOCs), and government-sponsored digital educational infrastructure. This transformation has generated significant tensions between the proprietary rights of copyright holders and the public interest in ensuring wide and affordable access to educational content. The Copyright Act, 1957, through its fair dealing provisions under Section 52, attempts to balance these competing interests by creating exceptions for educational uses of copyrighted works. However, the adequacy of these provisions in the context of digital education remains seriously contested. This article undertakes a comprehensive legal analysis of the interface between copyright law and digital education in India, critically examining the doctrine of fair dealing under Section 52 and its application to online learning platforms. Through comparative analysis of frameworks in the United States, United Kingdom, Australia, Canada, and the European Union, this article identifies international best practices and proposes targeted legislative, policy, and institutional reforms to create a technology-neutral, purpose-oriented fair dealing framework adequate for India’s rapidly expanding digital education sector.

Keywords: Copyright Act 1957, Fair Dealing, Section 52, Digital Education, Online Learning Platforms, EdTech, Technological Protection Measures, Open Educational Resources, SWAYAM, NPTEL, DU Photocopy Case

CONCEPT AND LEGAL VALUE OF ADMISSIONS UNDER THE BHARATIYA SAKSHYA ADHINIYAM, 2023

AUTHOR – ABHINAV KASHYAP* & MAHALINGAM. V**

* STUDENT AT SRM SCHOOL OF LAW

** ASSISTANT PROFESSOR AT SRM SCHOOL OF LAW

BEST CITATION – ABHINAV KASHYAP & MAHALINGAM. V, CONCEPT AND LEGAL VALUE OF ADMISSIONS UNDER THE BHARATIYA SAKSHYA ADHINIYAM, 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 203-209, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Bharatiya Sakshya Adhiniyam, 2023 (BSA), that has replaced the Indian Evidence Act, 1872, is a big step toward bringing India’s evidence law up to date. The idea of admissions is still very important among the ideas that have been kept and improved in this framework. Admissions, which are statements that suggest an inference about any fact in question or a relevant fact, are valuable as evidence because people do not usually say things that are bad for them unless they are true. This paper critically analyses the concepts, legal significance, and evidentiary relevance of admissions pursuant to the BSA, 2023. It also examines how courts have interpreted the law and the implications of including electronic records in admissions. The study says that the BSA keeps the doctrinal continuity of admissions, but in a wider scope, it means that judges need to be more careful and aware of the situation, especially in the digital age. This paper says that admissions are still one of the most powerful types of evidence, but there are rules to ensure they are fair.

Keywords:  Admissions; Bharatiya Sakshya Adhiniyam, 2023; Evidence Law; Electronic Evidence; Substantive Evidence; Judicial Admissions; Extra-Judicial Admissions; Digital Communication; Relevancy of Facts; Evidentiary Value