Author: PRASANNASRI26092001

“REAL ESTATE DELAYS AND THE CONSUMER PROTECTION ACT – OVERLAP AND CONFLICT WITH RERA”

AUTHOR – ADV. MAHESH MILIND RAMPURKAR, LLM II YEAR , SHRI NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – ADV. MAHESH MILIND RAMPURKAR, “REAL ESTATE DELAYS AND THE CONSUMER PROTECTION ACT – OVERLAP AND CONFLICT WITH RERA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.771-777, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

One should not wait until the dream of owning a home turn into a nightmare of endless delays. Be sure that the consumer has equal protection under both the Consumer Protection Act and the Real Estate (Regulation and Development) Act, 2016 (RERA). (History) Before the enactment of RERA in 2016, homebuyers mainly depended on the Consumer Protection Act, 1986 to seek justice against unfair trade practices and project delays. The consumer forums became the primary redressal bodies for aggrieved homebuyers. (Present Status) With the coming of RERA, the aim was to bring transparency, accountability, and speed in resolving disputes related to real estate. However, the overlap of remedies under the Consumer Protection Act, 2019 and RERA has raised legal confusion. Buyers are often unsure whether to approach consumer forums or RERA authorities for relief. (Short Explanation) Real estate contracts and project timelines are at the core of consumer interest. Delayed possession, misleading advertisements, and non-compliance by developers lead to heavy financial and emotional loss. While RERA provides for registration of projects and specific timelines, the Consumer Protection Act continues to entertain complaints, creating jurisdictional conflicts. (Research Problem) Whether the remedies under both laws can be pursued simultaneously or whether one excludes the other is still debated. This overlap leads to conflicting judgments, forum shopping, and prolonged litigation, defeating the very purpose of speedy justice. (Hypothesis) Harmonious interpretation of both laws and clear guidelines on jurisdiction will help minimize confusion, delays, and multiplicity of proceedings. (Possible Reform) There must be clarity in law that specifies the scope of each statute. A common platform for redressal, strict adherence to timelines under RERA, and uniform enforcement of judgments can protect the rights of consumers more effectively. (Aim and Objective) The researcher has undertaken this topic to study the real estate delays in India, analyse the remedies available under both the Consumer Protection Act and RERA, and evaluate the overlap and conflict between the two in order to suggest reforms for better consumer protection.

Key Words – Real Estate, Consumer Protection Act, RERA, Homebuyers, Jurisdiction, Delay

THE ROLE OF FUNDAMENTAL RIGHTS IN PROTECTING CHILDREN FROM EXPLOITATION

AUTHOR – DR. RAMESH LUNAVATH,DEPARTMENT OF LAW, KAKATIYA UNIVERSITY, HANUMAKONDA – 506009

BEST CITATION – DR. RAMESH LUNAVATH, THE ROLE OF FUNDAMENTAL RIGHTS IN PROTECTING CHILDREN FROM EXPLOITATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.761-770, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/TAOG3535

Abstract

Children are among the most vulnerable sections of society and are often exposed to various forms of exploitation, including economic, sexual, physical, emotional, and digital abuse. The Constitution of India, through its Fundamental Rights, provides a strong legal framework for safeguarding children against such exploitation and ensuring their holistic development. This paper examines the role of Fundamental Rights in protecting children from exploitative practices by analyzing relevant constitutional provisions such as the Right to Equality, Right to Freedom, Right Against Exploitation, Right to Life and Personal Liberty, and Right to Education. It also explores the supportive role of Directive Principles of State Policy in promoting child welfare and addressing the socio-economic factors that contribute to child vulnerability. The study further highlights the significance of child-centric legislations, judicial interpretations, and institutional mechanisms in enforcing constitutional mandates. Despite the existence of comprehensive legal safeguards, challenges such as poverty, illiteracy, lack of awareness, enforcement gaps, and emerging digital threats continue to impede effective implementation. The paper emphasizes the need for integrated policy interventions, strengthened enforcement mechanisms, and community participation to create a protective environment for children. Ensuring the effective realization of Fundamental Rights is essential for building a child-friendly legal system that promotes the dignity, security, and overall development of every child in India.

Keywords: Child Rights, Fundamental Rights, Child Exploitation, Constitutional Safeguards, Juvenile Justice, Right to Education, Child Protection Laws, Judicial Activism.

A CRITICAL ANALYSIS OF RETROSPECTIVE TAXATION IN MINING INDUSTRY

AUTHOR – GARVIT MAHENDRA, STUDENT AT CHRIST UNIVERSITY

BEST CITATION – GARVIT MAHENDRA, A CRITICAL ANALYSIS OF RETROSPECTIVE TAXATION IN MINING INDUSTRY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.754-760, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper examines the Supreme Court ruling of 2024 that allowed Indian states to impose and collect taxes from back date i.e retrospectively (royalty and cess) from April 2005 on mining activities. It analyzes the legal and constitutional framework (Income Tax Act, MMDR Act 1957, and fiscal federalism entries) governing such taxes, focusing on the Mineral Area Development Authority v. SAIL case which resolved long-standing disputes over royalty as tax. The economic impact on investors and companies is assessed, including investor sentiment, financial strain on mining firms, and ripple effects on allied sectors. We find that, while the decision reinforces state taxing powers and federal fiscal autonomy, it imposes massive, backdated liabilities (₹1.5–2 lakh crore) on mining companies, threatening investment and growth.

Keywords:

Retrospective taxation; mining royalty; India; income tax; MMDR Act 1957; fiscal federalism; investor sentiment.

DIGITAL AND CYBER LAW

AUTHOR – NIRANJAN KUMAR YADAV* & ASTHA SRIVASTAVA**

* STUDENT AT AMITY UNIVERSITY, LUCKNOW, UTTAR PRADESH, INDIA

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY, LUCKNOW, UTTAR PRADESH, INDIA

BEST CITATION – NIRANJAN KUMAR YADAV & ASTHA SRIVASTAVA, DIGITAL AND CYBER LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.738-753, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The expansion of digital technology has transformed the way individuals interact, communicate, and conduct business. The rapid increase in internet usage, digital transactions, and online services has led to the emergence of new legal challenges, including cybercrime, data breaches, privacy violations, and digital fraud. As societies increasingly rely on cyberspace, the need for a strong legal framework to regulate online activities has become essential.

This research paper explores the development, scope, and significance of digital and cyber law in India. It examines the evolution of cyber laws, types of cybercrimes, the role of legal institutions, constitutional protections in cyberspace, and emerging technological challenges such as artificial intelligence, cryptocurrency, and data protection. The study also identifies gaps in the current legal system and provides suggestions for strengthening cyber governance in India.

Keywords: Cyber law, cybercrime, digital rights, data protection, internet regulation, privacy, cyber security.

HINDU MARRIAGE: FROM SACRED SACRAMENT TO MODERN SOCIAL CONTRACT

AUTHOR- PRERNA YADAV* & DR. TARU MISHRA**

* STUDENT AT AMITY UNIVERSITY LUCKNOW

** FACULTY AT AMITY UNIVERSITY LUCKNOW

BEST CITATION – PRERNA YADAV & DR. TARU MISHRA, HINDU MARRIAGE: FROM SACRED SACRAMENT TO MODERN SOCIAL CONTRACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.730-737, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Marriage within the Hindu legal framework has traditionally been perceived as a sacred and permanent bond, deeply embedded in religious philosophy, customary practices, and ritual observances. In classical Hindu jurisprudence, marriage was not regarded as a mere civil agreement but as a sacrament (sanskara), symbolizing a spiritual union between two individuals. It was understood as a lifelong commitment aimed at fulfilling religious duties, preserving social order, and ensuring the continuation of family lineage. The emphasis was placed on the moral and spiritual dimensions of the relationship rather than on individual rights or contractual obligations.

However, with the passage of time, significant social changes, legal reforms, and evolving judicial interpretations have gradually transformed the institution of Hindu marriage. Modern developments have reshaped its traditional character, introducing features that resemble a contractual relationship while still preserving its religious foundation. Factors such as increased recognition of individual autonomy, changing social values, and the need to address marital disputes through legal mechanisms have contributed to this transformation.

This research paper seeks to critically examine the conceptual transition of Hindu marriage from its traditional sacramental nature to its present status as a socio-legal institution with contractual attributes. It traces the origins of Hindu marriage through scriptural texts and historical practices, followed by an analysis of legislative developments, particularly the codification of personal laws in the mid-twentieth century. The study also explores how statutory provisions have redefined marital rights and obligations, reflecting the changing needs of society.

Further, the paper analyses important judicial decisions to understand how courts have interpreted marriage in light of constitutional principles such as equality, dignity, and personal liberty. Judicial reasoning demonstrates an effort to strike a balance between respecting religious traditions and ensuring that marriage as an institution aligns with contemporary notions of justice and fairness. Legal concepts such as divorce by mutual consent, restitution of conjugal rights, and maintenance illustrate the gradual incorporation of contractual elements into what was once considered an indissoluble union. The study ultimately argues that Hindu marriage today represents a hybrid institution. While it continues to retain its cultural and religious significance, it simultaneously operates within a modern legal framework that acknowledges individual rights, gender equality, and social transformation. This dual character reflects the dynamic nature of law in adapting traditional institutions to contemporary realities while maintaining their foundational values.

SHARE HOLDER ACTIVISM AND CORPORATE GOVERNANCE REFORMS IN INDIA

AUTHOR- HARSHITA JOSHI* & DR. RESHMA UMAIR**

* B.A LLB, STUDENT AT AMITY UNIVERSITY LUCKNOW

** ASSOCIATE PROFESSOR, AMITY UNIVERSITY LUCKNOW

BEST CITATION – HARSHITA JOSHI & DR. RESHMA UMAIR, SHAREHOLDER ACTIVISM AND CORPORATE GOVERNANCE REFORMS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.725-729, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/FIFG9661

I.                 ABSTRACT

In recent years, shareholder activism has emerged as a significant force influencing corporate governance reforms in India. Traditionally, Indian companies have been characterised by concentrated ownership structures and promoter-driven management, which often limited the role of minority shareholders in corporate decision-making.

However, the increasing presence of institutional investors, enhanced regulatory supervision, and growing awareness among shareholders have contributed to a gradual shift towards greater accountability and transparency within corporate governance frameworks. This paper seeks to examine the evolving role of shareholder activism in strengthening corporate governance practices in India.

The study undertakes a doctrinal and analytical examination of the legal and regulatory framework governing shareholder rights, with specific reference to the Companies Act, 2013 and the regulatory measures introduced by the Securities and Exchange Board of India (SEBI), including the Listing Obligations and Disclosure Requirements Regulations. It analyses the various mechanisms through which shareholder activism operates, such as the exercise of voting rights, submission of shareholder resolutions, engagement with management, reliance on proxy advisory firms, and the use of class action remedies.

The paper also evaluates the contribution of institutional investors and stewardship principles in promoting responsible corporate conduct and protecting investor interests. Despite notable regulatory reforms, the effectiveness of shareholder activism in India continues to be constrained by several challenges, including promoter dominance, limited participation by retail shareholders, procedural complexities, and enforcement deficiencies.

Through an assessment of the Indian experience and a brief comparative analysis with developed jurisdictions, the paper highlights both the progress made and the gaps that remain. The study concludes by proposing legal and policy-oriented recommendations aimed at strengthening shareholder engagement, enhancing minority shareholder protection, and reinforcing corporate governance standards, thereby contributing to sustainable corporate growth and increased investor confidence in the Indian corporate sector.

“THE CONSTITUTIONAL BALANCE BETWEEN THE INSOLVENCY AND BANKRUPTCY CODE (IBC) AND ARTICLE 14: A DOCTRINAL REVIEW”

AUTHOR – SHYLASHREE.S, LLM STUDENT AT VINAYAKA MISSION’S LAW SCHOOL, VINAYAKA MISSIONS RESEARCH FOUNDATION (DEEMED TO BE UNIVERSITY) CHENNAI, TAMIL NADU

BEST CITATION – SHYLASHREE.S, “THE CONSTITUTIONAL BALANCE BETWEEN THE INSOLVENCY AND BANKRUPTCY CODE (IBC) AND ARTICLE 14: A DOCTRINAL REVIEW”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 666-688, APIS – 3920 – 0001 & ISSN – 2583-2344.

CHAPTER 1: INTRODUCTION

1. Introduction to the Research Problem

The Indian Insolvency and Bankruptcy Code (IBC) implicitly intends to change the issue of misallocated capital that has historically caused Non-Performing Assets (NPA) and protracted processes for resolution by establishing reliable credit markets for entrepreneurs, along with a comprehensive mechanism for resolving troubled assets. This will also make the economy better and more dependable for all sectors. Yet, with judicial adjustments to the Code and legislative changes, significant constitutional questions arose at the heart of the Code’s core application, more so with regard to Article 14.

Article 14 lays down the right to equality before the law and prohibits arbitrary, discriminatory, or unreasonable conduct by the state. Certain provisions in the IBC designed with noble purposes of enhancing the economy or for the promotion of egalitar in fair process or providing some elements of prioritising others. Amongst some of the most notable and controversial provisions include Section 29A, which prohibits certain classes of persons (including defaulting promoters) from submitting resolution plans; Section 32A, which exculpates the corporate debtor and its new management from criminal liability arising from past management; along with the 2018 Amendment to Section 7, which added a 10%/100allottees filing threshold on homebuyers raising the procedural barrier to a specific class of financi ianism have come under fire for potentially creating unequal classifications or diluting principles al creditors.

Judicial decisions in cases like Swiss Ribbons v. Union of India, Committee of Creditors of Essar Steel v. Satish Kumar Gupta, and Manish Kumar v. Union of India have upheld the constitutionality of most provisions, but not without identifying gaps, tensions, and unresolved doctrinal inconsistencies. The courts in India have sought to reconcile the constitutional dictates with considerations of economic policy in these types of cases. A common approach used by the courts in these cases is often referred to as the doctrine of “deference to economic legislation.

In this context, the doctrinal inquiry will include an analysis of whether these provisions have passed (or could pass) the tests set out in Article 14 for reasonable classification, non-arbitrariness, and proportionality. The doctrinal analysis will determine the constitutional basis for these provisions, the impact on the affected parties, and their implications for insolvency law and economic governance in India in the broader sense. Although sections 32A and 29A of the IBC may have various other constitutional issues, this doctrinal work confines its analysis to the over- inclusive disqualification under section 29A, immunity vs accountability under section 32A and the issue of home buyer threshold, considering the points of maximum constitutional friction and its direct impact on the stakeholders, where courts heavily rely on economic deference. Also, article 14 is more rigorous in the place where a legislation creates exclusion, avails immunity and places a restriction on access to remedies. On the other hand, this delimitation is adopted to maintain doctrinal depth and to assess how judicial deference operates at times when IBC mostly directly intersects with equality-based constitutional review.

THE RIGHT TO KNOW IN ELECTORAL DEMOCRACY: PUBLIC DISCLOSURE AND FREE AND FAIR ELECTIONS UNDER THE INDIAN CONSTITUTION

AUTHOR – PROF. DR. R. THANGA RAMANI, PRINCIPAL AT GOVERNMENT LAW COLLEGE, CHENGALPATTU

BEST CITATION – PROF. DR. R. THANGA RAMANI, THE RIGHT TO KNOW IN ELECTORAL DEMOCRACY: PUBLIC DISCLOSURE AND FREE AND FAIR ELECTIONS UNDER THE INDIAN CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 647-652, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/TFHG3510

ABSTRACT

Free and fair elections constitute the bedrock of constitutional democracy in India. The legitimacy of representative governance depends not merely on the formal act of voting, but on the ability of voters to make informed choices. In this context, the right to know—particularly the right of citizens to access information relating to candidates, political parties and electoral processes—has emerged as a vital facet of the freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution of India. Over the past two decades, the Supreme Court of India has played a transformative role in constitutionalising the right to electoral information, linking it intrinsically with democratic participation, transparency, and accountability. This paper undertakes a comprehensive analysis of the constitutional foundations, judicial evolution, statutory framework, and contemporary challenges surrounding public disclosure in the Indian electoral system. It critically examines landmark judgments such as Association for Democratic Reforms v. Union of India, People’s Union for Civil Liberties v. Union of India, and subsequent cases that have expanded and, at times, constrained the scope of electoral transparency. The paper also analyses legislative responses, including amendments to the Representation of the People Act, 1951, the Right to Information Act, 2005, and the introduction of electoral bonds. By situating the Indian experience within broader democratic theory, this study argues that meaningful public disclosure is indispensable for ensuring free and fair elections, and that any dilution of the right to know poses serious risks to constitutional democracy.

Keywords:Right to Know, Free and Fair Elections, Article 19(1)(a), Electoral Transparency, Public Disclosure, Indian Constitution

RIGHTS-FIRST VS. ECONOMY-FIRST: A COMPARATIVE ANALYSIS OF THE GDPR AND INDIA’S DPDP ACT

AUTHOR – NIHARIKA JAISWAL* & DR. KAVYA CHANDEL**

*  LLM (CYBER LAW AND CYBER SECURITY), AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS

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

BEST CITATION – NIHARIKA JAISWAL & DR. KAVYA CHANDEL, RIGHTS-FIRST VS. ECONOMY-FIRST: A COMPARATIVE ANALYSIS OF THE GDPR AND INDIA’S DPDP ACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 641-646, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The global architecture of data privacy governance stands at a turning point. For nearly a decade, it has been shaped by the “Brussels Effect” of the European Union’s GDPR. However, India’s Digital Personal Data Protection Act, 2023 (DPDP Act) introduces a distinct, development-oriented paradigm that prioritizes economic growth and digital innovation over a strict rights-based framework. This paper comparatively analyses these two models, arguing that while the GDPR operates as a robust “shield” safeguarding individual dignity and autonomy, the DPDP Act functions as a flexible “umbrella” framework designed to facilitate ease of business and technological expansion.

The study highlights key structural divergences. Unlike the GDPR’s technology-neutral scope, the DPDP Act applies only to digital personal data, excluding physical records. It also reflects a dilution of certain core data subject rights, such as data portability, the right to object to processing, and safeguards against automated decision-making. Furthermore, while the GDPR imposes turnover-based penalties, India adopts fixed penalty caps, offering regulatory predictability. Ultimately, India’s economy-first approach promotes growth but raises concerns about long-term citizen protection.

Keywords: GDPR, DPDP Act, Data Privacy, Digital Economy, Cross-Border Data Flows, Brussels Effect, Privacy Rights.

FROM DISPLACEMENT TO DIGNITY: CLIMATE-INDUCED MIGRATION AND ARTICLE 21

AUTHOR – SANA SANJEEV, STUDENT AT HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR

BEST CITATION – SANA SANJEEV, FROM DISPLACEMENT TO DIGNITY: CLIMATE-INDUCED MIGRATION AND ARTICLE 21, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 636-640, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION: CLIMATE DISPLACEMENT AND THE CRISIS OF LEGAL RECOGNITION

Migration, as per the international organization for migration (IOM), is the relocation of individuals away from their primary residence, either internally or across borders, for temporary or permanent periods. Extending this, the UN Framework Convention on Climate Change (UNFCCC) recognizes ‘migrant’ as anyone residing outside their place of origin prolonging beyond three months period. Such migrations may be voluntary, guided by desire for education, work, or better livelihoods or involuntary, commonly forced by environmental disasters or escalating socio-economic conditions. In vulnerable regions of the developing world, climate change has become a major determinant behind growing patterns of internal and cross border displacement.¹ Weather related disasters independently triggered 250 million internal displacements all over the world over the past 10 years, which is equal to over 67,000 displacements each day.² Migration caused by climate effects can be classified by the speed of onset. Sudden-onset displacement manifests from calamities such as hurricanes, floods, or cyclones, which are strongly associated to climate change, these are primarily involuntary and shaped by intense hardships. The 2018 Kerala floods, cyclone Amphan in 2020, and the 2024 Wayanad landslides which displaced hundreds of people,³ are illustrative examples. Slow-onset displacement, in distinction, occurs slowly due to variables like drought, soil erosion, or rising sea levels that threaten survival. The Sundarbans delta in West Bengal illustrates this, where coastal land erosion and salinisation have pushed people to move in search of secure livelihoods.⁴