Author: PRASANNASRI26092001

NAVIGATING UNCERTAINTY: A CRITICAL SOCIO-LEGAL STUDY OF DATA PROTECTION AND POST-EMPLOYMENT RESTRICTION CLAUSES IN INDIAN IT EMPLOYMENT CONTRACTS

AUTHOR – MS. PERTILLA VIRGINIA VINCENT* & DR. VIJAYALAKSHMI**

* FACULTY, GOVT LAW COLLEGE, COIMBATORE

** ASSOCIATE PROFESSOR, HEAD I/C, DEPARTMENT OF CRIME AND FORENSICS LAW, SCHOOL OF EXCELLENCE, TAMIL NADU DR AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – MS. PERTILLA VIRGINIA VINCENT & DR. VIJAYALAKSHMI, NAVIGATING UNCERTAINTY: A CRITICAL SOCIO-LEGAL STUDY OF DATA PROTECTION AND POST-EMPLOYMENT RESTRICTION CLAUSES IN INDIAN IT EMPLOYMENT CONTRACTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 691-699, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The rapid growth of the Indian Information Technology (IT) industry has significantly transformed employment relationships through the increasing use of standardized digital employment contracts containing complex provisions relating to data protection, confidentiality, employee monitoring, intellectual property and post-employment restrictions. In contemporary technology-driven workplaces, employment agreements no longer merely regulate service conditions and remuneration but increasingly function as instruments of digital governance, organizational control, and risk management. However, the expansion of such contractual obligations has simultaneously generated substantial ambiguities concerning the scope, interpretation, enforceability and legal consequences of data protection and post-employment restriction clauses, thereby affecting employment security. This paper critically examines the socio-legal dimensions of ambiguities found in data protection and post-employment restriction clauses in Indian IT industry employment contracts. The research analyses how drafted electronic monitoring provisions, cybersecurity compliance clauses, non-compete restrictions and post-employment requirements often create uncertainty regarding employee rights and liabilities. Particular focus is laid on the role of technical and legal language in creating informational asymmetry within contractual relationships. These issues are evaluated through the legal framework of Indian Contract Act, 1872, IT Act, 2000, Constitutional Principles relating to Privacy, Occupational Freedom and Judicial Precedents concerning. This Paper finds that ambiguities in this kind of post-employment restriction clauses create significant challenges requiring greater contractual transparency, stronger employee awareness and clearer legal standards capable of harmonizing organizational interests with employee rights and employment security in the digital workplace.

Keywords: IT Industry, Employment Contracts, Confidentiality

LEGAL IMPLICATIONS OF DEFAMATION PROVISIONS IN INDONESIA’S ELECTRONIC INFORMATION AND TRANSACTIONS LAW: BETWEEN PROTECTION OF REPUTATION AND FREEDOM OF EXPRESSION

AUTHORS – HANS PAULUS MICHEL LEUNUPUN¹, JUANRICO ALFAROMONA SUMAREZS TITAHELU², REIMON SUPUSEPA³

^{1 1}STUDENT OF POSTGRADUATE PROGRAM, DEPARTMENT MASTER OF LAW, PATTIMURA UNIVERSITY, AMBON, INDONESIA

² PROFESSOR OF CRIMINAL LAW, DEPARTMENT MASTER OF LAW, PATTIMURA UNIVERSITY, AMBON, INDONESIA

³ LECTURER POSTGRADUATE PROGRAM, DEPARTMENT MASTER OF LAW, PATTIMURA UNIVERSITY, AMBON, INDONESIA

BEST CITATION – HANS PAULUS MICHEL LEUNUPUN, JUANRICO ALFAROMONA SUMAREZS TITAHELU, REIMON SUPUSEPA, LEGAL IMPLICATIONS OF DEFAMATION PROVISIONS IN INDONESIA’S ELECTRONIC INFORMATION AND TRANSACTIONS LAW: BETWEEN PROTECTION OF REPUTATION AND FREEDOM OF EXPRESSION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 682-690, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I973

Abstract

This article explores the legal implications of the criminal defamation provisions under Indonesia’s Electronic Information and Transactions Law (ITE Law), particularly in light of the tension between the protection of personal reputation and the constitutional guarantee of freedom of expression. Employing a doctrinal legal analysis, this study examines the normative structure of Article 27 paragraph (3) and its amendments, judicial interpretation by the Constitutional Court, and its compatibility with human rights principles. The research method used by the researcher in this study is normative legal research, with a legal approach and a conceptual approach. The findings indicate that the current legal framework remains prone to abuse and over-criminalization, risking the suppression of democratic discourse. The article recommends a more proportional regulatory approach that aligns with international human rights standards and constitutional values in Indonesia.

Keywords: Defamation, ITE Law, Legal Implications, Freedom of Expression, Protection of Reputation,

DEVIANCE BY BUREAUCRATS

AUTHOR – R.N. VEDHA GEETHAN, LLM, CRIMINALOGY STUDENT AT TAMIL NADU DR AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW

BEST CITATION – R.N. VEDHA GEETHAN, DEVIANCE BY BUREAUCRATS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 669-681, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The government of India has three significant organs, the legislature, the executive and the judiciary and it has been given separate roles and powers by the constitution of India to execute their functions independently. The executive branch of government consisting of ministers, bureaucrats and whole of government machinery which have major role in implementing the laws framed by the legislative assembly for the welfare of the citizens. The ultimate responsibility for running administration in an effective manner relies on the shoulders of the elected representatives who were elected to run day to administration of the government. Bureaucracy plays a very important role in maintaining the administrative efficiency, implementing government policies and ensure welfare of the general public. However the deviant behavior among bureaucrats has become a threatening concern in the modern way of administration. Deviance by bureaucrats generally refers to any form of unethical. Unlawful or carrying improper conduct by the public officials that deviates from the already established rule, administrative ethics and legal standards. Some of the deviant acts include favoritism, abuse of power, corruption, negligence, red-tapism, bribery, misuse of public resource, and administrative misconduct. These types of deviant activities by public officials not only provides personal benefits but also it weakens the public trust towards government, compromises government efficiency and becomes a major obstacle for the socio-economic development of the particular society.

This research project examines the nature of deviance by bureaucrats and the causes and consequence of such deviance among bureaucrats. This study majorly focuses on personal, social, economic, political and institutional factors responsible for the deviant conduct among the public officials. This study also analyses how the deviant behavior affects the proper governance, its transparency and accountability and also affects the public confidence among the administrative institutions. This study further examines the effectiveness of the legal mechanisms, anti-corruption laws made to curb the corrupt practices, disciplinary procedures and administrative reforms made by the government in controlling bureaucratic misconduct to provide effective administration.

KEY WORDS:

Bureaucrats, Unethical, Bribery, Misconduct, Bureaucracy, Ethical Administration.

THE EVOLUTION OF FINTECH REGULATION IN INDIA: FROM PAYMENT SYSTEMS TO DIGITAL FINANCIAL GOVERNANCE

AUTHOR – PRAVIN RAJ, LLM – CYBER SPACE LAW AND JUSTICE DEPARTMENT, SCHOOL OF EXCELLENCE IN LAW, TAMILNADU AMBEDKAR LAW UNIVERSITY CHENNAI PERUNGUDI CAMPUS

BEST CITATION – PRAVIN RAJ, THE EVOLUTION OF FINTECH REGULATION IN INDIA: FROM PAYMENT SYSTEMS TO DIGITAL FINANCIAL GOVERNANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 654-667, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Financial Technology (FinTech) has transformed the structure and delivery of financial services in India by integrating digital innovation with banking, payments, lending, insurance, and investment systems. The rapid expansion of digital payment platforms, Unified Payments Interface (UPI), prepaid payment instruments, neobanks, peer-to-peer lending platforms, digital lending applications, and algorithm-driven financial services has significantly altered the traditional financial ecosystem. This technological transition has simultaneously created new opportunities for financial inclusion, economic growth, and digital governance while also raising serious concerns relating to consumer protection, cybersecurity, data privacy, money laundering, regulatory arbitrage, and systemic financial risks.

This paper examines the evolution of FinTech regulation in India from a payment-system-centric model to a broader framework of digital financial governance. It analyses the regulatory role of institutions such as the Reserve Bank of India, Securities and Exchange Board of India, and Insurance Regulatory and Development Authority of India in shaping India’s FinTech ecosystem. The study traces the legislative and policy developments beginning with the Payment and Settlement Systems Act, 2007 and further evaluates subsequent regulatory frameworks governing payment aggregators, prepaid payment instruments, digital lending, peer-to-peer platforms, payment banks, and cybersecurity obligations within financial institutions. The paper also discusses the growing relevance of the Digital Personal Data Protection Act, 2023 and the Information Technology regulatory framework in addressing data governance and digital consent in financial transactions.

The research adopts a doctrinal and analytical methodology by examining statutes, RBI master directions, circulars, committee reports, judicial developments, and policy documents relating to FinTech regulation in India. It further evaluates how the Indian regulatory model attempts to balance technological innovation with financial stability and consumer welfare. Special attention is given to emerging regulatory concerns involving artificial intelligence-based credit scoring, embedded finance, digital frauds, cross-border financial data flows, and the increasing role of regulatory sandboxes in promoting responsible innovation.

The paper argues that although India has emerged as one of the world’s leading FinTech markets through initiatives such as Digital India and UPI-led payment infrastructure, the regulatory ecosystem remains fragmented due to overlapping jurisdictional powers and rapidly evolving technological risks. It concludes that India requires a more harmonized and adaptive regulatory architecture capable of integrating financial regulation, cybersecurity governance, and data protection standards into a unified digital financial governance framework. The study proposes stronger inter-regulatory coordination, enhanced consumer-centric safeguards, AI accountability mechanisms, and comprehensive digital risk management policies to ensure sustainable and secure FinTech growth in India.

CHILDREN IN THE RANKS: THE RECRUITMENT AND USE OF CHILD SOLDIERS BY NON-STATE ARMED GROUPS AND THE LIMITS OF INTERNATIONAL ACCOUNTABILITY

AUTHOR – SRISHTI GUPTA, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY MADHYA PRADESH, GWALIOR

BEST CITATION – SRISHTI GUPTA, CHILDREN IN THE RANKS: THE RECRUITMENT AND USE OF CHILD SOLDIERS BY NON-STATE ARMED GROUPS AND THE LIMITS OF INTERNATIONAL ACCOUNTABILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 647-653, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I970

Abstract

Few practices of contemporary armed conflict trouble the conscience as much as the use of children to fight the wars of adults, and few are as closely associated with the conduct of non-State armed groups. This paper examines how international law has responded to the recruitment and use of child soldiers by such groups. It traces the prohibition from its treaty origins through its recognition as a war crime, and it argues that the decisive moment came not with the drafting of any treaty but with the first judgment of the International Criminal Court, which made the recruitment of children the centre of a completed prosecution. The paper then asks why, despite a prohibition that is now about as clear as international law ever becomes, children continue to be recruited; and it suggests that the answer lies less in any gap in the substantive law than in the familiar weakness of enforcement against actors who fight beyond the reach of the courts. It concludes that the prosecution of commanders, valuable as it is, must be combined with prevention, direct engagement of armed groups, and the patient work of reintegration if the law is to make a difference to the children it exists to protect.

Keywords: child soldiers; non-State armed groups; international humanitarian law; war crimes; Lubanga; reintegration.

INTERNATIONAL ANTI-CORRUPTION REGIMES: A STUDY OF UNITED NATIONS CONVENTION AGAINST CORRUPTION

AUTHOR – SHUBHAM KUMAR* & DR. DEO NARAYAN SINGH**

* LL.M., (2025 – 2026), CENTRAL UNIVERSITY OF SOUTH BIHAR, GAYA JI

** ASSISTANT PROFESSOR, SCHOOL OF LAW AND GOVERNANCE, CENTRAL UNIVERSITY OF SOUTH BIHAR, GAYA JI.

BEST CITATION – SHUBHAM KUMAR & DR. DEO NARAYAN SINGH, INTERNATIONAL ANTI-CORRUPTION REGIMES: A STUDY OF UNITED NATIONS CONVENTION AGAINST CORRUPTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 635-646, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I969

Abstract

Corruption is a world wide problem that erodes governance, economic progress and human rights. This paper has a critical look at the United Nations Convention against Corruption as a universal tool in fighting corruption. It examines its main pillars, which are the preventive measures, criminalization, international cooperation and recovery of assets. The paper also discusses the implementation issues, the inter-jurisdictional differences and the impact of political will and institutional capacity. Through a doctrinal and comparative method, the article identifies the strong and weak points of UNCAC and proposes reforms to make it effective in combating corruption both at the national and international levels.

Keywords – Corruption; United Nations Convention against Corruption; Asset Recovery; Criminalization Anti-Corruption Law; Financial; Crimes International Law; Governance; Transparency; Preventive Measures; International Cooperation; Rule of Law; Sustainable Development.

WTO DISPUTE SETTLEMENT AND INDIA–CHINA TRADE CONFLICTS: A CRITICAL LEGAL ANALYSIS

AUTHOR – NITISH HANSDA* & DR. RATNESH KUMAR SRIVASTAVA**

* LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – NITISH HANSDA & DR. RATNESH KUMAR SRIVASTAVA, WTO DISPUTE SETTLEMENT AND INDIA–CHINA TRADE CONFLICTS: A CRITICAL LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 628-634, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I968

Abstract

 The dispute settlement mechanism of the World Trade Organization (WTO) is regarded as a fundamental component of the multilateral trading system, as it resolves trade disputes based on established rules. The given mechanism gains specific significance in the context of–India–China trade relations through the increasing amount of bilateral trade and the increasing number of conflicts related to anti-dumping policies, subsidies, and limitations to access the market. This paper critically analyses how WTO dispute settlement has been effective in resolving trade disputes between India and China. It assesses the level of adherence to WTO decisions, the procedural and structural constraints of the dispute settlement mechanism, and the strategic actions of both nations in this context. The paper also looks into the question of whether the existing WTO system suffices the problems of economic coercion and asymmetry in trade relations. It ends by mentioning that reforms are necessary to make the dispute-solving process more robust and promote fair decisions. 

ARTIFICIAL INTELLIGENCE AND THE FUTURE OF CRIMINAL LIABILITY: A CRITICAL LEGAL ANALYSIS

AUTHOR – DAMINI YADAV, STUDENT AT KES LAW COLLEGE

BEST CITATION – DAMINI YADAV, ARTIFICIAL INTELLIGENCE AND THE FUTURE OF CRIMINAL LIABILITY: A CRITICAL LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 625-627, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

The unprecedented advancement of Artificial Intelligence in the contemporary technological era has fundamentally transformed the structure of modern society, redefining the boundaries of human capability, decision-making, and automation. Artificial Intelligence, once perceived as a mere theoretical concept confined to scientific imagination, has now emerged as a dominant force influencing critical sectors including healthcare, finance, defence, governance, transportation, and criminal justice systems. The rapid integration of intelligent autonomous systems into everyday human activities has undoubtedly generated immense societal benefits; however, it has simultaneously produced profound legal, ethical, and jurisprudential challenges that demand immediate scholarly and legislative attention. Furthermore, the increasing sophistication of Artificial Intelligence has intensified fears relating to algorithmic bias, autonomous weaponry, cyber manipulation, deep fake technology, digital surveillance, and transnational cybercrime. In the absence of effective regulatory frameworks, Artificial Intelligence possesses the potential to undermine legal certainty, individual rights, and public safety on an unprecedented scale. Consequently, legal systems across the world are confronted with the urgent necessity of re-evaluating traditional concepts of criminal liability in order to accommodate the rapidly evolving dimensions of technological autonomy.

COMMISSION OF INQUIRY ACT, 1952: A CRITICAL ANALYSIS OF POWERS, SAFEGUARDS AND GAPS IN INDIA’S INQUIRY FRAMEWORK

AUTHOR – KEERTHANA PREETHI A, STUDENT AT THE TAMILNADU DR B R AMBEDKAR LAW UNIVERSITY, PERUNGUDI

BEST CITATION – KEERTHANA PREETHI A, COMMISSION OF INQUIRY ACT, 1952: A CRITICAL ANALYSIS OF POWERS, SAFEGUARDS AND GAPS IN INDIA’S INQUIRY FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 616-624, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Commissions of Inquiry Act, 1952 (Act No. 60 of 1952) represents a pivotal legislative framework in India’s administrative law, establishing mechanisms for appointing commissions to investigate matters of public importance. This article provides a comprehensive critical analysis of the Act’s legislative framework, procedural safeguards, judicial powers, and constitutional implications. Through a systematic examination of all twelve sections, relevant judicial precedents, and comparative analysis with international inquiry mechanisms, this research identifies significant gaps in enforcement authority, transparency concerns, and potential constitutional conflicts regarding separation of powers. The article argues that while the Act serves essential fact-finding functions, it requires substantial amendments to address modern democratic concerns, enhance transparency, and strengthen procedural fairness for affected persons. This research contributes to ongoing scholarly discourse on administrative inquiry mechanisms and proposes specific reform recommendations for legislative consideration.

Keywords: Commissions of Inquiry Act, 1952; Administrative Law; Fact-Finding Mechanisms; Judicial Review; Constitutional Concerns; Procedural Safeguards.

ASSESING THE ENFORCEABILITY AND REFORM OF THE FRBM ACT IN THE CONTEXT OF FISCAL DISCIPLINE IN INDIAN STATES

AUTHOR – HRADYESH CHATURVEDI* & DR. SANJAY KULSHRESTHA**

* SCHOLAR AT INSTITUTE OF LAW, JIWAJI UNIVERSITY GWALIOR

** PROFESSOR AT INSTITUTE OF LAW, JIWAJI UNIVERSITY GWALIOR

BEST CITATION – HRADYESH CHATURVEDI & DR. SANJAY KULSHRESTHA, ASSESING THE ENFORCEABILITY AND REFORM OF THE FRBM ACT IN THE CONTEXT OF FISCAL DISCIPLINE IN INDIAN STATES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 608-615, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I965

ABSTRACT

Can a legislation truly enforce fiscal discipline if it carries no mechanism to punish its violation? Can a statutory framework designed to bind government to financial prudence remain credible when its targets are routinely revised, suspended, and abandoned without the consequence? Can a federal nation like India afford to impose fiscal responsibility obligations asymmetrically, holding it’s stated to standards that the union itself is not genuinely compelled to observe?

This paper delves into these fundamental questions. The Fiscal Responsibility and Budget Management Act, 2003 was enacted with the ambitious objective of institutionalizing fiscal discipline across all levels of government in India. Two decades since its enactment, however, the Act stands exposed as a largely symbolic instrument, one that articulates fiscal ideals without providing the institutional machinery to enforce them. The Act’s broadly worded escape clauses, the absence of an independent oversight body, and the pattern of repeated target revision have collectively reduced it to a statement of intent rather than a binding legal commitment.

This paper critically examines the structural Infirmities of the FRBM Act by analysing the gap between its stated objectives and actual fiscal outcomes at both the Union and the State levels. It interrogates that asymmetric burden placed on states vis-s-vis the Centre, and evaluates the NK Singh Committee recommendations of 2017 for their adequacy and the reasons for their non-implementation. Drawing upon comparative models from Australia’s Charter of Budget Honesty, the United Kingdom’s Office for Budget Responsibility, and Canada’s Parliamentary Budget Officer, the paper argues that meaningful fiscal reform in India demands not merely statutory revision but the creation of a genuinely independent fiscal council with constitutional backing. Without such reforms, fiscal discipline in India will remain aspirational rather tha  enforceable and the promise of the FRBM Act will continue to fall short of its foundational purpose.

Keywords: Fiscal Responsibility, Budget Management, FRBM Act, Fiscal Discipline, Fiscal Deficit, Fiscal Federalism, Enforceability, Escape Clauses, Fiscal Council, NK Singh Committee, State Finances