Author: PRASANNASRI26092001

ADMINISTRATIVE DISCRETION AND ABUSE OF POWER: A CRITICAL ANALYSIS

AUTHOR – MUCHUKUND, VARDHMAN JOTHE & ANSH SHUKLA

STUDENTS AT NATIONAL LAW INSTITUTE UNIVERSITY

BEST CITATION – MUCHUKUND, VARDHMAN JOTHE & ANSH SHUKLA, ADMINISTRATIVE DISCRETION AND ABUSE OF POWER: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 01-06, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Administrative discretion is an essential feature of modern governance. In a welfare state, the legislature cannot foresee every contingency or prescribe rigid rules for every administrative action. Therefore, discretionary authority is delegated to administrative authorities to ensure flexibility, efficiency, and responsiveness. However, discretion, if unchecked, can transform into arbitrariness, mala fide action, and abuse of power. The tension between administrative efficiency and constitutional safeguards lies at the heart of administrative law. This paper critically examines the concept of administrative discretion, its necessity, the legal principles governing its exercise, and the various forms of abuse of power. It further analyses judicial control mechanisms, especially in the Indian constitutional framework, and evaluates the evolving standards such as proportionality and reasonableness. The paper concludes by suggesting reforms to balance administrative autonomy with accountability.

CROSS-BORDER DATA TRANSFERS AND AI ANALYTICS: CHALLENGES UNDER EMERGING GLOBAL PRIVACY REGIMES

AUTHOR – DR. RAJEEV KUMAR SINGH* & GAUTAM GUPTA**

* ASSISTANT PROFESSOR AT AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** STUDENT AT AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – DR. RAJEEV KUMAR SINGH & GAUTAM GUPTA, CROSS-BORDER DATA TRANSFERS AND AI ANALYTICS: CHALLENGES UNDER EMERGING GLOBAL PRIVACY REGIMES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.1219-1224, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IZPY2027

Abstract

The growth of intelligence analytics is getting bigger and bigger and this is making a lot of data go back and forth across borders. Artificial intelligence systems need a lot of data that is updated all the time and this data often comes from many different countries.. Now there are new rules about privacy that are making it harder to move personal data around the world and this is causing a lot of confusion.

This paper looks at how artificial intelligence analytics and data that goes across borders work under the current rules about privacy. It examines the basics of who controls data what standards are good enough how to keep data safe when it is transferred and who is responsible for making sure data is handled correctly. The paper also looks at the problems that big companies and digital platforms are facing.

By comparing how different countries handle these issues the paper looks at the problems that come up when we try to balance ideas, economic growth and the right, to privacy. The paper says that we need to protect privacy. If we have too many different rules it could hurt the development of artificial intelligence and global digital trade.

The study suggests that we should have standards that’re the same everywhere ways for companies to comply with the rules that work together and models of governance that are based on risk. This way we can protect privacy. Still make progress with technology.

In the end we need to have rules that work together to deal with the fact that data analytics can happen anywhere while still respecting the rules of each country and the rights of humans. We need to make sure that artificial intelligence is governed in a way that’s sustainable. Artificial intelligence governance requires rules that work together across the world.

Keywords: Cross-Border Data Transfers, Artificial Intelligence (AI) Analytics, Global Privacy Regimes, Data Protection Compliance, Data Sovereignty, Data Localization, International Data Governance, Adequacy Decisions, Standard Contractual Clauses (SCCs), Algorithmic Accountability, Privacy-Enhancing Technologies (PETs), Human Rights and Data Protection, Regulatory Fragmentation, Digital Trade and AI, Transnational Data Regulation.

FROM TARIFFS TO TURBULENCE: TRADE POLICY AND FINANCIAL STABILITY IN INDIA’S BANKING SECTOR

 AUTHOR – GANDHALI RAMESH KHAMKAR, A STUDENT OF LLM 2^ND YEAR IN DES’ SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE (AFFILIATED WITH SAVITRIBAI PHULE PUNE UNIVERSITY, PUNE)

BEST CITATION – GANDHALI RAMESH KHAMKAR, FROM TARIFFS TO TURBULENCE: TRADE POLICY AND FINANCIAL STABILITY IN INDIA’S BANKING SECTOR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.1211-1219, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/DQOF8235

Abstract

When governments raise tariffs or impose sudden export restrictions, the immediate concern typically centres on trade competitiveness; however, the deeper consequence may lie elsewhere, in the stability of domestic banks. Trade regulation in India has historically operated through the Customs Act, 1962 and executive control over foreign commerce, shaped by commitments under the World Trade Organization and broader principles of international economic law. Banking stability, in contrast, is governed by the Reserve Bank of India Act, 1934, the Banking Regulation Act, 1949, and the Insolvency and Bankruptcy Code, 2016; frameworks designed to safeguard credit discipline, ensure capital adequacy, and preserve systemic resilience. These domains have evolved in parallel, institutionally and conceptually distinct, and are rarely examined as structurally interconnected within legal scholarship or regulatory design. Yet contemporary tariff escalations, retaliatory trade measures, export bans, carbon-border adjustments, and supply-chain realignments demonstrate that external trade shocks can significantly compress corporate revenues, disrupt export-dependent industries, intensify leverage stress, inflate non-performing assets, and accelerate insolvency proceedings. What begins as an instrument of economic diplomacy may therefore transmit volatility into bank balance sheets, credit markets, and broader financial stability indicators, affecting lending behaviour, capital provisioning, and risk-weight assessments. Despite this cascading effect, India’s macroprudential regulatory architecture does not explicitly categorise trade-policy volatility or geopolitical economic conflict as a systemic banking risk, nor does it formally integrate such disruptions into supervisory stress-testing frameworks or prudential oversight mechanisms. By tracing the doctrinal separation between trade governance and financial regulation, and analysing how tariff-induced corporate distress interacts with prudential norms, insolvency processes, and supervisory discretion, this article reconceptualizes trade policy as an internal generator of financial risk rather than merely an external economic tool. It argues for a more integrated regulatory approach in which financial supervisors anticipate and incorporate trade-policy shocks into systemic risk assessment, thereby rethinking the boundaries between international economic law and domestic banking stability in India.

Keywords: Banking Regulation, Financial Stability, Macroprudential, Systemic Risk, Tariffs, Trade Policy.

ROLE OF ARBITRATION IN CORPORATE DISPUTES

AUTHOR –ADV. ADITYA SALUNKHE, LL.M. STUDENT AT DES’S SNFLC, PUNE

BEST CITATION – ADV. ADITYA SALUNKHE, ROLE OF ARBITRATION IN CORPORATE DISPUTES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.1203-1210, APIS – 3920 – 0001 & ISSN – 2583-2344

Introduction:

                                Human conflicts are natural part of any society. Similarly disputes are also common among people. It is difficult to imagine a human society without conflict of interests. Being in mortal form with personalities and egos, opinions and sexes, as well as a strong bent towards living in large groups and developing countries. The humans are different, one from the other, but of these differences with some disagreement and conflicts as surely as rain comes from contract. For resolution of such disputes there is a legal system in every human society.

The dispute between the human in a civilized society can be resolved by applying principles of Natural Justice along with the ‘Rule of Law’ to provide justice. Every aggrieved person is supposed to go to Courts for his remedy from the court. It is the right of every individual to get remedy and plead for justice before the legal system. All the legal systems are trying to attain the legal ideal that wherever there is a wrong there must be a remedy so that nobody shall have to take law into his own hands.

Even in ancient India, justice delivery system was in existence. For this Kings used to conduct Courts in their ‘Darbars’. There they provide settlement through judicial dispute resolute after conducting trials and based on evidences. The Indian legal practice is also running on the similar principles with confidentially and flexibly. Indian legal system was based on British rule because the British Government rule Indian for long period of time and to enforce their dominancy the levied different rules and try to tie in a system i.e. Judicial Dispute Resolution.

Thereafter due to complexity and rigidity of the judicial dispute resolution the large number of case were pending before the courts and the rate of gaining justice has reduced. The concept of Alternative Dispute Resolution was already rooted in various cultures and practice aimed to resolving the conflict outside the judicial resolution. The main aim of the research is to whether the Arbitration proceeding can be alternative dispute resolution in corporate disputes. The researcher try to explain and prove whether the arbitration is considered to be as a court and the award passed by the arbitrator is to be as order of civil court.

“FEDERALISM AND INTERSTATE DISPUTES: THE MAHARASHTRA – KARNATAKA BORDER CONFLICT”

AUTHOR – MANASI SHEKHAR INAMDAR, STUDENT OF D.E.S. SHRI NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – MANASI SHEKHAR INAMDAR, “FEDERALISM AND INTERSTATE DISPUTES: THE MAHARASHTRA – KARNATAKA BORDER CONFLICT”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.1191-1202, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Maharashtra–Karnataka border conflict offers a significant case study of how federalism can both unify and divide a diverse nation, particularly when territorial boundaries and state identities are contested. The dispute centers on Belagavi, a region with substantial Marathi- and Kannada-speaking populations, and dates back to the linguistic reorganization of states in 1956. Both Maharashtra and Karnataka claim the area based on historical, cultural, and linguistic ties, leading to decades of political disagreement, public protests, and legal battles. Despite interventions by the central government and proceedings before the Supreme Court of India, the matter remains unresolved, reflecting the persistence of regional aspirations within a constitutional framework. This prolonged conflict highlights the structural and political challenges inherent in managing interstate disputes within India’s federal system, where identity politics and constitutional boundaries often intersect. The primary research question examines the underlying causes of this enduring dispute and evaluates how federal institutions can more effectively address such tensions. The central hypothesis proposes that strengthening mechanisms of cooperative federalism—particularly by enhancing structured dialogue between states and empowering bodies such as the Inter-State Council—could facilitate a more balanced and durable resolution. Reforms may include clearer constitutional guidelines for territorial disputes, institutionalized negotiation frameworks, and more transparent decision-making processes. This study therefore seeks to critically assess the limitations of the existing federal structure and propose practical reforms to prevent similar conflicts, contributing to a deeper understanding of federalism’s capacity to manage complex regional disputes.

Keywords: Belagavi, Federalism, Federal Institutions, Interstate Dispute, Legal Challenges, Linguistic Identity, Reorganization Act, Political Tension, Territorial claims.

DOMESTIC VIOLENCE AND ITS CONSEQUENCES- A CASE STUDY FOR MALE VERSUS FEMALE

AUTHOR – TANYA GIRI, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – TANYA GIRI, DOMESTIC VIOLENCE AND ITS CONSEQUENCES- A CASE STUDY FOR MALE VERSUS FEMALE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.1177-1190, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/JGYI2128

ABSTRACT

Domestic violence is still ranked among the most pervasive but complicated human rights and socio-legal problems throughout the jurisdictions. Conventionally viewed as violence against women, the concept has gradually come to include the victimization of men also, thus provoking the gendered underpinnings of domestic violence policies. The present paper represents a critical legal and socio-empirical appraisal of the problems of domestic violence and its impacts by comparing the issues related to the male and female victims. It discusses the conceptual framework of domestic violence, its physical, emotional, sexual, and economic aspects and appraises conflicting theoretical approaches, e.g., the feminist theory, the patriarchal theory and the gender-neutral family violence theory.

The paper examines both the international legal system, the UN and tools used to address the issue, such as the Convention on the Elimination of All Forms of Discrimination against Women, and the domestic legal framework in India, specifically the Protection of Women from Domestic Violence Act and provisions of the Indian Penal Code. The structural asymmetries found in legal recognition, enforcement mechanisms, and remedies available to male and female victims are determined using doctrinal and comparative analysis.

In addition, the paper assesses psychological, social, economic, and legal impacts of domestic violence on both sexes, including the problem of under-reporting, social stigma, regarding the misuse debates, and institutional bias. It claims that gender-specific legislation came as a remedial measure against historic discrimination; a degree of balancing is, however, required in light of changing social realities, which guarantee both substantive equality and inclusion. The paper ends with recommendations to enact limited legal changes, enhance institutional protective measures and the need to adopt a rights-based model in which domestic violence is seen as a human issue that cuts across the fixed gender dichotomies.

Keywords: Domestic Violence, Gender Neutrality, Male Victimization, PWDVA 2005, Gender Justice, Socio-Legal Consequences, Indian Legal Framework.

“SAFEGUARDING INDIAN E-COMMERCE: LEGAL MECHANISMS, CYBERSECURITY CHALLENGES, AND REFORM IMPERATIVES”

AUTHOR – POOJA.S, STUDENT AT CHRIST UNIVERSITY, BANGALORE

BEST CITATION – POOJA.S, “SAFEGUARDING INDIAN E-COMMERCE: LEGAL MECHANISMS, CYBERSECURITY CHALLENGES, AND REFORM IMPERATIVES”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.1160-1176, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/NUBG8740

ABSTRACT

The steady growth in India’s e-commerce sector is expected to reach above USD 363 billion by 2030. This development highlights the industry’s substantial influence on the digital economy. However, this escalation has led to shortcomings, including cyber and security threats such as data breaches, payment fraud, and product liability. They undermine consumers’ trust, reputation and financial status of the E-commerce platform.

This paper critically examines the prevalent cybersecurity threats targeting e-commerce platforms. It analyses the efficient working of current legal frameworks, compliance by platforms and legal accountability for the resulting harm utilising safe harbour principles.

The Research study employed is a qualitative doctrinal and case law-based analysis. Preliminary findings indicate weak enforcement due to fragmented regulation, inadequate penalties, vague definitions, and uncertain legal accountability resulting from the erosion of conditional immunity under Section 79. Geographically confined to the Indian Context, this paper seeks to make a practical contribution by proposing reform recommendations which aim to clarify liability, compliance mandates, enhance grievance redressal mechanisms, foster consumer trust, and improve cybersecurity resilience within the e-commerce ecosystem.

Keywords: Cyber Law, Cybersecurity Challenges, Data Privacy, Digital Consumer Rights, E-Commerce Regulation

ECOCIDE AND ENVIRONMENTAL JUSTICE: A CRITICAL STUDY ON THE RECOGNITION OF ECOCIDE AS A CRIME IN INDIA

AUTHOR – D.N. HARINI* & JINESH M**

* STUDENT AT VELS SCHOOL OF LAW, VELS INSTITUE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS), CHENNAI – 600117

** ASSISTANT PROFESSOR (LAW), SCHOOL OF LAW, VISTAS, CHENNAI- 600117

BEST CITATION – D.N. HARINI & JINESH M, ECOCIDE AND ENVIRONMENTAL JUSTICE: A CRITICAL STUDY ON THE RECOGNITION OF ECOCIDE AS A CRIME IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.1149-1159, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/PDLN3905

Abstract

Environmental degradation has intensified in scale, complexity, and long-term impact, revealing the structural limitations of traditional environmental governance models. Although India has developed an extensive constitutional and statutory framework for environmental protection, large-scale ecological destruction continues to be addressed predominantly through regulatory penalties, administrative sanctions, and compensatory mechanisms. Criminal accountability for grave environmental harm remains comparatively limited in scope and enforcement.

The global discourse on “ecocide” proposes a paradigm shift by conceptualising severe, widespread, or long-term environmental damage as a serious criminal offence. Several jurisdictions have introduced ecocide-like provisions into domestic criminal law, while international advocacy continues to seek recognition of ecocide under the Rome Statute of the International Criminal Court. This emerging movement reflects a normative transition from regulatory environmentalism to criminal environmental justice.

This article critically examines whether recognition of ecocide as a distinct criminal offence is necessary within the Indian legal framework. It analyses constitutional environmental jurisprudence, evaluates statutory mechanisms, examines ecocide-like incidents within India and abroad, and undertakes a comparative assessment of legislative developments in other jurisdictions. The article further explores institutional and doctrinal challenges that may arise in incorporating ecocide into Indian criminal law. It argues that while India’s environmental framework is progressive in constitutional principle, it remains largely remedial in operation. Recognition of ecocide could strengthen environmental justice, provided that legislative drafting is precise, institutional capacity is enhanced, and the reform is harmonised with constitutional safeguards and federal principles.

STOLEN LANDS SILENCED VOICES: THE LEGAL EROSION OF TRIBAL AUTONOMY

AUTHOR – N NAGA SUGANESWAR, SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY), LAVASA CAMPUS, PUNE 412112, MAHARASHTRA, INDIA

BEST CITATION – N NAGA SUGANESWAR, STOLEN LANDS SILENCED VOICES: THE LEGAL EROSION OF TRIBAL AUTONOMY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.1138-1148, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/XSNY6028

ABSTRACT

The Tribal Community is the only ancient ethnicity that has survived to present day, but not necessarily so in the true sense. This research critically reviews the changing situation of tribal autonomy in India from the 19th century to the present day in their collective development with aging concerns, which quite directly questions the state of poverty and marginalization that has been associated with the country’s economic and infrastructural development. Focusing on tribal rights since independence, this research is dealt with the concerning the impact of major laws such as the Land Acquisition Act of 1894, Indian Forest Act of 1927, and the Forest Conservation Act of 1980 with their respective amendment in last century, It also looks very thoroughly into the inadequacy of compensation mechanisms and challenges whether monetary compensation can ever really replace the sacred, cultural, and economic value tribes attach to land and forests? By referring to the Fifth and Sixth Schedules of the Indian Constitution, this brings to light the persistent unawareness and shortcomings in turning autonomy into rights that can be exercised. India is in the midst of a global context and outlook on various fronts, drawing parallels from Bolivia’s and Australia’s Tribal reignition model. This comparative lens highlights the necessity of rights-based development that is respectful of Free, Prior, and Informed Consent (FPIC), and also calls for restorative justice mechanisms that would be able to heal the deep cultural and economic gaps. In addition, this study maintains that truly, development can only be achieved when the tribal voices are put at the centre of the process and not silenced and their connection with the land made as a core aspect of the constitutional rights of equity, dignity, and self-determination. Keywords: Tribal Affairs, Constitution, Displacement, Tribal Rights, Framework, Land Alienation     

BEYOND PHYSICAL HARM: RETHINKING INDIA’S LEGISLATIVE FRAMEWORK TO ADDRESS DIGITAL SEXUAL ABUSE IN THE AGE OF ARTIFICIAL INTELLIGENCE

AUTHOR – SANDHYA PRABHAKARAN, LLM STUDENT AT AMITY INSTITUTE OF ADVANCED LEGAL STUDIES, AMITY UNIVERSITY UTTAR PRADESH

BEST CITATION – SANDHYA PRABHAKARAN, BEYOND PHYSICAL HARM: RETHINKING INDIA’S LEGISLATIVE FRAMEWORK TO ADDRESS DIGITAL SEXUAL ABUSE IN THE AGE OF ARTIFICIAL INTELLIGENCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.1130-1137, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The rapid expansion of digital technologies has fundamentally altered the nature, scale, and impact of sexual harm. While traditional criminal law frameworks in India conceptualize sexual offences primarily through physical proximity and bodily violation, emerging forms of digital sexual abuse such as non-consensual dissemination of intimate images, deepfake pornography, sextortion, cyberstalking, morphing, and AI-generated sexual contentchallenge these assumptions. This paper examines the conceptual foundations of digital sexual abuse through international human rights norms relating to privacy, dignity, sexual autonomy, and gender equality, and critically evaluates the adequacy of the Indian legislative framework. Although statutes such as the Information Technology Act, 2000, the Bharatiya Nyaya Sanhita, 2023, the Protection of Children from Sexual Offences Act, 2012, and the Digital Personal Data Protection Act, 2023 address aspects of technology-facilitated harm, they operate in a fragmented and reactive manner. The absence of a consolidated statutory definition of digital sexual abuse, the lack of AI-specific offences, limited intermediary accountability, and inadequate victim-centric remedies expose significant normative and procedural gaps. Drawing upon constitutional jurisprudence on privacy and dignity, this paper argues for a comprehensive, consent-based legislative framework that recognizes digital sexual abuse as a distinct category of sexual violence. It proposes statutory reform integrating technological foresight, strengthened enforcement mechanisms, and rights-based safeguards to ensure protection of autonomy, identity, and dignity in the digital age.

Keywords: Digital Sexual Abuse; Non-Consensual Intimate Images; Deepfake Pornography; Sexual Autonomy; Informational Privacy; Artificial Intelligence; Cybercrime Law; Intermediary Liability; Victim-Centric Remedies; Constitutional Dignity.