Author: PRASANNASRI26092001

BASEL III ENDGAME: A CRITICAL LEGAL ANALYSIS OF CAPITAL ALLOCATION AND GOVERNANCE IN THE EVOLVING BANKING REGULATORY REGIME

AUTHOR – SHWETA ROUT, LLM, KIIT SCHOOL OF LAW

BEST CITATION – SHWETA ROUT, BASEL III ENDGAME: A CRITICAL LEGAL ANALYSIS OF CAPITAL ALLOCATION AND GOVERNANCE IN THE EVOLVING BANKING REGULATORY REGIME, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 541-558, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Basel III Endgame is the final phase in the series of regulatory reform measures initiated in response to the global financial crisis. These measures have been principally designed to enhance the soundness, transparency and resilience of the international banking system, altogether. Developed by the Basel Committee on Banking Supervision, these measures introduce significant changes to the capital adequacy standards mainly through the recalibration of risk-weighted assets (RWAs), the restriction of internal risk models, and the imposition of an output floor to promote harmonization in the computation of capital. This article undertakes a detailed legal study of the Basel III Endgame and its ripple effect on capital allocation and corporate governance in the banking sector. Using a doctrinal and comparative research approach, the research looks at both international regulatory systems as well as domestic versions, such as the Indian regulatory regime under the reserve bank of India. It assesses the reorganization of the legal responsibilities of banks by the Endgame reforms, the role of the supervisory activities and the governance arrangements through the establishment of more stringent compliance, disclosure, and risk management provisions. In this paper, the author asserts that on one hand, the Basel III Endgame enhances prudential regulation, decreases systemic risk, and enhances global comparability of banks, on the other hand, it creates the issue of regulatory overreach, compliance overheads, and possible limitations on credit expansion. The challenges are especially severe in the developing economies whereby the banking systems are considered to be a key factor in the development of the economy. In addition, the research paper indicates the existence of jurisdictional differences in the application in leading economies, which can compromise the goal of global regulatory harmonization. It considers that the Basel III Endgame is relevant and should be implemented based on a fair and proportional balance between the aims of financial stability and the need for economic growth. Also, it should allow national regulatory frameworks some degree of flexibility.

Keywords: Basel III, Financial crises, Banking, RBI, Indian Regulatory, Compliance, Disclosure, and Risk management.

LAWFUL INTERCEPTION AND SURVEILLANCE IN TELECOM NETWORKS: BALANCING STATE SECURITY AND FUNDAMENTAL RIGHTS

AUTHOR – RONAK PANWAR* & DR. ANUPRIYA YADAV**

* STUDENT AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

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

BEST CITATION – RONAK PANWAR & DR. ANUPRIYA YADAV, LAWFUL INTERCEPTION AND SURVEILLANCE IN TELECOM NETWORKS: BALANCING STATE SECURITY AND FUNDAMENTAL RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 270-280, APIS – 3920 – 0001 & ISSN – 2583-2344.

1. INTRODUCTION

The boom in telecommunications network and other digital communication technologies has radically changed the way people, do business and are governed. The contemporary world is gradually becoming more reliant on mobile communication, web-based services, and electronic data transfer and telecommunications infrastructure has become an essential part of national security, economic progress, and social interconnectedness. But this technological development has put an additional burden on the law enforcement and intelligence agencies responsible in curbing crime, terrorism and threats to the peace and order. To counter such challenges, governments around the world have devised means to intercept and spy on communication in a legal way to keep track of suspicious activities in order to safeguard the national security of the countries.^[1]

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[1] Ian Brown & Douwe Korff, Digital Freedoms in International Law: Practical Steps to Protect Human Rights Online (Global Network Initiative 2012).

ADMISSIBILITY OF ELECTRONIC EVIDENCE IN INDIA : A CRITICAL ANALYSIS

AUTHOR – SHREYA SINGH GAHERWAR* & DR. JYOTI YADAV**

* STUDENT AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

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

BEST CITATION – SHREYA SINGH GAHERWAR & DR. JYOTI YADAV, ADMISSIBILITY OF ELECTRONIC EVIDENCE IN INDIA : A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 533-540, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The evidence environment in Indian courts has undergone a fundamental upheaval due to the digital transformation of society. Through legislative provisions and judicial interpretation, this article critically examines the legal framework governing the admissibility of electronic evidence in India, with a focus on the Indian Evidence Act, 1872 and the recently passed Bharatiya Sakshya Adhiniyam, 2023. Additionally, through the landmark rulings in the cases of Anvar P.V., Shafhi Mohammad, Arjun Panditrao Khotkar, and Navjot Sandhu. In order to determine whether the necessary certification requirement under Section 65B(4) (now Section 63(4) of BSA) effectively protects against digital manipulation or creates an impassable barrier to justice, the study assesses the conflict between procedural rigidity and substantive justice. By critically analyzing current judicial developments and drawing comparisons with other international jurisdictions, this paper argues for a balanced approach that preserves evidentiary integrity while accommodating the practical realities of digital evidence procurement.

Keywords :- Electronic Evidence, Section 65B, Bharatiya Sakshya Adhiniyam, Digital Evidence Admissibility, Certificate Requirement, Primary vs. Secondary Electronic Evidence

OPERATIONALIZING THE 2030 AGENDA: BIOSPHERE CONSTRAINTS, STATE LOCALIZATION, AND THE FUTURE OF CORPORATE ACCOUNTABILITY

AUTHOR – SHANTANU MISHRA* & DR. JUHI SAXENA**

* STUDENT AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

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

BEST CITATION – SHANTANU MISHRA & DR. JUHI SAXENA, OPERATIONALIZING THE 2030 AGENDA: BIOSPHERE CONSTRAINTS, STATE LOCALIZATION, AND THE FUTURE OF CORPORATE ACCOUNTABILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 521-532, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The transition to the 2030 Agenda and the Sustainable Development Goals (SDGs) represents a structural paradigm shift from the preceding Millennium Development Goals, demanding a deep integration of macroeconomic growth, social inclusion, and absolute environmental protection. This paper critically examines the comprehensive architecture of the SDGs, utilizing theoretical frameworks such as the “Wedding Cake” model and the Water-Energy-Food (WEF) Nexus to demonstrate that economic and societal ambitions are fundamentally constrained by the carrying capacity of the Earth’s biosphere. To illustrate practical implementation, the study analyses India’s localized execution of the goals through its Voluntary National Review (VNR) and NITI Aayog’s SDG India Index, which structurally maps abstract global targets to actionable domestic administrative schemes. Additionally, the research evaluates the indispensable role of the private sector in bridging the critical financing gap, contrasting the strategic opportunities for multinational enterprises with the systemic reporting and resource barriers faced by micro, small, and medium enterprises (MSMEs). The paper highlights the fragility of corporate accountability governed by international soft law instruments—such as the UN Global Compact and UN Guiding Principles—warning against the pervasive threat of selective compliance and “SDG-washing”. Finally, the analysis outlines the conceptual convergence and operational distinctions between macroscopic SDGs and microscopic Environmental, Social, and Governance (ESG) criteria, concluding that authentic sustainable development requires corporations to transparently integrate granular ESG risk metrics with broad SDG impact targets to fundamentally restructure their global value chains.

Keywords: Sustainable Development Goals (SDGs), SDG Localization, Corporate Accountability, ESG Metrics, SDG-washing

TRANSPLANTING AND TRANSFORMING CORPORATE PERSONALITY IN INDIA: THE LEGISLATIVE SHIFT FROM THE COMPANIES ACT 1956 TO 2013

AUTHOR – PRIYANSHU GUPTA* & DR. TARU MISHRA**

* STUDENT AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

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

BEST CITATION – PRIYANSHU GUPTA & DR. TARU MISHRA, TRANSPLANTING AND TRANSFORMING CORPORATE PERSONALITY IN INDIA: THE LEGISLATIVE SHIFT FROM THE COMPANIES ACT 1956 TO 2013, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 507-520, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research provides a comprehensive examination of the historical, theoretical, and statutory dimensions of corporate personality, which serves as the foundational legal fiction of the global capitalist economy. Tracing the evolution of the corporate form from ancient Roman jurisprudence and mercantile sovereign concessions to its definitive crystallization in the landmark Salomon v. A. Salomon & Co. Ltd. (1897) decision, the study explores how the doctrine of the separate legal entity democratized limited liability and catalyzed economic development. Furthermore, it undertakes a comparative analysis of the doctrine’s trajectory within the Indian legal context, highlighting the vital legislative transition from the facilitative, colonial-era Companies Act of 1956 to the increasingly autochthonous and accountability-driven framework of the Companies Act, 2013.

By critically evaluating the Fiction, Concession, Realist, and Bracket theories, the research elucidates the philosophical underpinnings of corporate autonomy and the allocation of fundamental rights to artificial entities. It also details the profound operational privileges generated by this doctrine, including limited liability, perpetual succession, the capacity to litigate, and separate property ownership. Finally, the paper addresses the enduring tension between protecting entrepreneurial risk and ensuring corporate accountability. It critiques the absolute application of the corporate veil particularly concerning mass torts and multinational enterprise liability and examines the statutory integration of Corporate Social Responsibility (CSR) as a structural mechanism to reconcile the economic utility of the corporate fiction with the demands of societal justice.

Keywords: Corporate Personality, Separate Legal Entity, Limited Liability, Salomon v. Salomon, Corporate Social Responsibility (CSR)

A COMPARATIVE STUDY OF THE INCOME TAX ACT, 1961 AND THE NEW INCOME TAX BILL 2025

AUTHOR – JOSHNA JOY, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – JOSHNA JOY, A COMPARATIVE STUDY OF THE INCOME TAX ACT, 1961 AND THE NEW INCOME TAX BILL 2025, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 491-506, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research explores a comparative examination of the Income Tax Act of 1961 and the recently launched Income Tax Bill of 2025.The aim is to analyse and clarify the alterations in the definitions, extent and amendment under both sets of laws. The aim is to thoroughly evaluate the changes introduced by the 2025 Bill. The major point of this study is that Income Tax Bill,2025 aims to streamline and update taxation, tackling the complexities and uncertainties found in the 1961 Act. The bill seeks to enhance clarity by revising definitions, broadening relief options for certain allowances and arrears and adding new clauses that reflect modern employment practices and technological developments. Anticipated results consist of a clearer comprehension of the legal and administrative changes affecting taxpayers and tax agencies, emphasized practical consequences for tax adherence and policy implementation. The research aims to enrich academic discourse by identifying aspects where additional legislative improvements could boost efficiency and fairness for taxpayers, thus facilitating informed choices in tax management and reform policy.

KEYWORDS: Income Tax Act 1961,Digital Taxation, Income Tax Bill 2025,BEPS Compliance, Tax Policy Modernization

USE OF TRADEMARK IN METAVERSE

AUTHOR – MEGHA, LL.M. (IP) STUDENT AT AMITY UNIVERSITY NOIDA

BEST CITATION – MEGHA, USE OF TRADEMARK IN METAVERSE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 480-490, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I446

TRADEMARK USE, INFRINGEMENT AND ENFORCEMENT IN THE METAVERSE

Nature of Trademark Use in Virtual Worlds

Trademark law in classical formulation is intended to regulate the use of signs that make immune in the marketplace as an indication of commercial origin and it also aims to defend the goodwill that is created for this sign through constant quality and consumer association. Virtual worlds and metaverse environments recreate the conditions necessary for a marketplace (buyers & sellers, product differentiation, advertising, transactional exchange & reputational competition) however, they do so through the use of technologically mediated and immersive modes. As a result, investigation of the “use” of a trademark in the context of virtual worlds must ask not just what value a trademark marker has as a visual representation but rather what is functional in the sense of being commercially important in an environment where goods and services can be intangible, avatar-based and tokenized^[1].

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[1] Joshua Fairfield, “Tokenized: The Law of Non-Fungible Tokens and Next Generation Digital Property,” Southern California Law Review 95 (2022).

SOCIO-ECONOMIC DETERMINANTS OF HUMAN TRAFFICKING: A COMPARATIVE ANALYSIS OF INDIA AND THE US

AUTHOR – RIYA JAISWAL, STUDENT AT AMITY UNIVERSITY, LUCKNOW CAMPUS

BEST CITATION – RIYA JAISWAL, SOCIO-ECONOMIC DETERMINANTS OF HUMAN TRAFFICKING: A COMPARATIVE ANALYSIS OF INDIA AND THE US, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 469-479, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I445

ABSTRACT

Human trafficking is a widespread problem that affects both the USA and India, though in different ways. This essay investigates the socioeconomic elements that contribute to human trafficking in these two nations. According to our research, human trafficking in both countries is frequently caused by poverty, inequality, unemployment, and a lack of education.

Due to India’s high rates of poverty (22%, World Bank, 2020) and unequal income distribution (Gini coefficient: 0.38, World Bank, 2020), vulnerable groups are more likely to be exploited. The issue is made worse by limited access to employment and education (7.2% unemployment, IMF, 2020). In contrast, despite lower rates of poverty (12.9%, Census Bureau, 2020), the USA has problems with human trafficking that derive from systemic disparities (Gini coefficient: 0.41, World Bank, 2020) and vulnerabilities among marginalized groups.

A comparative study reveals the complexity of human trafficking, with inequality playing a major role in the USA and poverty playing a major one in India. Targeted initiatives that address these determinants—such as economic empowerment programs, education, and awareness campaigns—are essential to the fight against human trafficking.

The study’s conclusions have important policy ramifications, highlighting the necessity of context-specific strategies for combating human trafficking. Addressing the underlying causes of human trafficking, such as poverty, inequality, and illiteracy, should be a top priority for governments and anti-trafficking organizations.

By comparing India and the USA and emphasizing the necessity for specialized tactics to stop human trafficking, this study adds to the body of previous material.

Keywords: Human trafficking, socio-economic determinants, India, USA, comparative analysis

ANALYTICAL STUDY OF RESERVATIONS AND ITS CONSTITUTIONAL VALIDITY AND ITS CHALLENGES

AUTHOR – N. VELMURUGAN* & KK. NAKSHATHRA**

• STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES

** ASSISTANT PROFESSOR AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES

BEST CITATION – N. VELMURUGAN & KK. NAKSHATHRA, ANALYTICAL STUDY OF RESERVATIONS AND ITS CONSTITUTIONAL VALIDITY AND ITS CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 435-468, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I444

ABSTRACT

This dissertation examines India’s reservation policy from historical origins to modern challenges, confirming its constitutional validity only under strict conditions like data-backed quotas and creamy layer exclusions.

India’s reservation system, evolved from colonial safeguards to a 59.5% quota framework via seven amendments, faces constitutional scrutiny amid 14 states breaching the 50% ceiling (Indra Sawhney, 1992) and persistent issues like SC/ST creamy layer gaps (Jarnail Singh, 2018) and EWS exclusions. Employing doctrinal analysis of primary sources (Constitution Articles 14-16, 330-342; 26 judgments) and secondary literature (Mandal, Rohini reports), this LLB dissertation traces pre-colonial roots, legislative expansions, judicial doctrines (50% rule, proportionality), implementation failures (dynastic capture, data voids), and comparative models (US strict scrutiny ban, South African BEE sunset).

Key findings validate hypotheses: Reservations endure only with quantifiable data, sub-50% limits, and uniform creamy layers, while judicial expansions risk basic structure violations (Kesavananda Bharati, 1973).

Recommendations include a 2026 caste census, SC/ST creamy layer enforcement, Ninth Schedule Ninth Schedule reforms for Tamil Nadu’s 69% quota, Rohini sub-categorization, and hybrid caste-economic weighting with 10-year sunsets—restoring Ambedkar’s temporary equity vision while preserving merit (Article 335).

Keywords: Reservation, Constitution of India, Kesavananda Bharati, Social Impact, Article 15, Article 16, Article 46, Article 335, Article 338, DPSP, Indra Sawhney, Mandal Commission, South Africa’s BEE, Five Reform Pillars, Economic Criterion Era, Article 338, Sunset clause, Creamy Layer Refinement, Directive Principles.

DIGITAL LENDING PLATFORMS IN INDIA AND DEBT-INDUCED SUICIDES: A SOCIO-LEGAL ANALYSIS OF REGULATORY GAPS, LIABILITY, AND CONSUMER PROTECTION

AUTHOR -SHRUTI PRAJAPATI* & TAPAN KUMAR CHANDOLA**

* STUDENT AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

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

BEST CITATION – SHRUTI PRAJAPATI & TAPAN KUMAR CHANDOLA, DIGITAL LENDING PLATFORMS IN INDIA AND DEBT-INDUCED SUICIDES: A SOCIO-LEGAL ANALYSIS OF REGULATORY GAPS, LIABILITY, AND CONSUMER PROTECTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 426-434, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Exponential growth in digital financial platforms in India has revolutionized the traditional credit market by providing instant and collateral-free loans to the masses. These financial platforms, driven by financial technology, have achieved financial inclusion by filling the gaps in traditional banking institutions. But the unregulated and rapid growth of these platforms has also raised critical socio-legal issues regarding exploitative lending, violations of data privacy, recovery of loans, and the rising number of debt-related suicides.

This paper seeks to provide an in-depth socio-legal analysis of digital lending platforms in India, with a focus on the interplay between inadequate regulations, platform liability, and inadequate consumer protection. The paper will examine the extant legal regime, including the extant regulatory guidelines issued by the Reserve Bank of India, the Information Technology Act of 2000, the Consumer Protection Act of 2019, and the emerging data protection regime. The paper will also highlight the inadequate and piecemeal nature of the extant legal regime in tackling the issues in digital lending platforms.

Moreover, the paper delves into the psychological and sociological aspects of debt-related suicides, focusing on the aggressive recovery mechanisms and online harassment. The paper further discusses the difficulties encountered by courts in holding online lending platforms civilly and criminally liable, considering their hybrid nature of operation.

The paper concludes by calling for a robust and cohesive regulatory framework that balances innovation with accountability. The authors highlight the need for more effective consumer protection mechanisms, data privacy, and ethical lending practices, not only to avoid further socio-economic consequences but also to uphold the dignity and rights of borrowers.