Author: PRASANNASRI26092001

THE EVOLUTION OF CHINA’S COURT SYSTEM: INSTITUTIONAL TRANSFORMATION AND THE RISE OF SMART JUDICIAL GOVERNANCE

AUTHOR – SRINIVAS. M.K.^[1]* & AKSHAY. M.S.^[2]**

* DEPARTMENT OF STUDIES IN LAW, UNIVERSITY OF MYSORE

** ADVOCATE ,HONOURABLE HIGH COURT OF KARNATAKA

BEST CITATION – SRINIVAS. M.K. & AKSHAY. M.S, THE EVOLUTION OF CHINA’S COURT SYSTEM: INSTITUTIONAL TRANSFORMATION AND THE RISE OF SMART JUDICIAL GOVERNANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 172-190, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/NAUB3491

Abstract

The transformation occurred in distinct phases, including the early conventional system (1949–late 1970s), post-reform institutional reconstruction (late 1970s–1990s), performance evaluation and professionalization (2000–2013), judicial accountability reforms and digital foundations (2014–2016), and the integration of smart court technologies (2016–present). Each phase reflects a state-led model of judicial modernization, emphasizing efficiency, centralized supervision, and gradual professionalization. Smart courts, incorporating artificial intelligence, big data, cloud computing, blockchain, and Internet Courts, represent not merely technological upgrades but a systemic reconfiguration of judicial governance. While these developments have improved access to justice, transparency, and consistency, they also present challenges, including algorithmic bias, cybersecurity risks, digital exclusion, and tensions between efficiency and judicial autonomy. This paper traces the evolution of the Chinese court system from conventional, administration-oriented institutions to technologically advanced smart courts.  The paper also highlights the long-term implications of China’s smart court model for judicial independence, the rule of law, and comparative legal studies.Keywords: Smart courts, judicial modernization, China, digital adjudication, judicial accountability

---

[1] Ph.D. Scholar (Law), Department of Studies in Law, University of Mysore, Gold Medallist in B.Sc. and M.Sc.; recipient of five Gold Medals and three Cash Prizes in LL.M. (Constitutional Law) with Distinction from the University of Mysore. He holds an Associateship and Diploma in Insurance from the Insurance Institute of India, Mumbai, is UGC-NET qualified, and is a multilingual scholar and practicing advocate.

Orcid: https://orcid.org/0009-0002-0475-9447.

[2] LL.M, B.A.LL.B, Advocate ,Honourable High Court of Karnataka.

CASE CONCERNING DATASTREAM INC. (BELGIUM V. SPAIN) (2025)– A MOCK JUDICIAL OPINION

AUTHOR – S JAGATHRATCHAGAN, STUDENT AT O.P.JINDAL GLOBAL UNIVERSITY

BEST CITATION – S JAGATHRATCHAGAN, CASE CONCERNING DATASTREAM INC. (BELGIUM V. SPAIN) (2025)- A MOCK JUDICIAL OPINION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 166-171, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/KKKR2671

International Court of Justice Judgment

Procedural Background

On July 3, 2024, Belgium filed an application against Spain with the International Court of Justice claiming that Spanish authorities unlawfully closed down the DataStream Inc. which operates globally and that Belgium owes compensation to the harmed shareholders. Spain submitted a Counter-Memorial justifying the closure as a proper exercise of executive arbitrariness. Both under Article 31 of the Statute, Belgium and Spain have assigned ad hoc judges to accompany the Court. The judges completed the necessary documents for the March 2025 hearing in order to have the case fully ready for a decision.

BEYOND POSITIVISM: LIMITS OF WESTERN JURISPRUDENCE AND THE INDIAN KNOWLEDGE SYSTEM AS AN ALTERNATIVE

AUTHOR – DR. NAMRATA TIWARI, ASSISTANT PROFESSOR AT CAREER COLLEGE OF LAW, BHOPAL

BEST CITATION – DR. NAMRATA TIWARI, BEYOND POSITIVISM: LIMITS OF WESTERN JURISPRUDENCE AND THE INDIAN KNOWLEDGE SYSTEM AS AN ALTERNATIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 159-165, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/BYSE6892

Abstract

Western jurisprudence, which has had a serious impact on contemporary legal systems, is based on Enlightenment reasonableness, legal positivism, and the liberal tradition of individual rights. This system has enriched constitutional governance, human rights, and the rule of law, but its shortcomings appear when applied outside its cultural and philosophical roots. Its rigid isolation of law from morality, focus on individual rights at the expense of collective obligations, and mechanistic comprehension of justice tends to render it unsuitable for societies such as India, where law has long been inextricably linked with moral, religious, and communal aspects. This paper critically discusses these limitations of Western jurisprudence, observing that its pretenses of universality commonly involve a cover-up for cultural blindness by disregarding diverse epistemological traditions. Conversely, the Indian knowledge system (IKS) offers a rich jurisprudential option, rooted in texts and traditions like the Vedas, Dharmashastras, Arthashastra, Buddhist and Jain philosophies, and indigenous customary practices. Underlying it is dharma, which combines law, morality, and cosmic order, providing a more integrated vision of justice. In contrast with the positivist command-and-sanctions model, dharma calls attention to duty, ethical accountability, and balance between the individual, society, and nature. The pragmatic principles of governance in Kautilya’s Arthashastra, the environmental and empathetic ethos of Buddhist and Jain philosophy, and the reconciling practices of indigenous peoples collectively offer models of justice beyond abstract, confrontational models of Western law. This research contends that there is a need to work towards a plural jurisprudence that synthesizes the merits of Western right doctrines with Indian practices of duties, reconciliation, and integral order. This is not only a means of overcoming the cultural deficit of Western jurisprudence but also gives access to greater understanding for coping with urgent contemporary issues such as ecological disasters, social disintegration, and the quest for restorative justice.

Keywords: Western Jurisprudence, Indian Knowledge System, Dharma, Positivism, Duties, Alternative Jurisprudence

ARTIFICIAL INTELLIGENCE AND ALGORITHMIC ACCOUNTABILITY: THE NEED FOR A LEGAL FRAMEWORK IN INDIA

AUTHOR – AKASH KONDE, LLM SCHOLAR, SAVITRIBAI PHULE PUNE UNIVERSITY

BEST CITATION – AKASH KONDE, ARTIFICIAL INTELLIGENCE AND ALGORITHMIC ACCOUNTABILITY: THE NEED FOR A LEGAL FRAMEWORK IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 151-158, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Artificial Intelligence (AI) has emerged as the most transformative technological force of the twenty-first century, reshaping economies, governance, and individual lives. From predictive policing and automated hiring to credit scoring and medical diagnosis, algorithmic decision-making now influences several facets of human experience. However, the rise of such intelligent systems also brings an array of legal, ethical, and constitutional challenges particularly concerning bias, discrimination, opacity, and accountability. In India, where AI adoption is rapidly accelerating, the absence of a comprehensive regulatory framework raises serious questions about responsibility and redress when algorithms go wrong.

This paper seeks to analyse the pressing need for a structured legal framework to ensure algorithmic accountability in India. It explores the intersection between technological advancement and constitutional safeguards under Articles 14, 19, and 21, examining how principles of fairness, transparency, and due process must adapt to the digital age. The research compares India’s current legal regime primarily governed by the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023 with global approaches such as the EU Artificial Intelligence Act (2024) and the OECD AI Principles. The paper concludes by proposing a model AI Accountability Framework for India, emphasizing a human-centric approach that balances innovation with responsibility, aligning with constitutional morality and social justice.

Keywords: Artificial Intelligence, Algorithmic Accountability, Data Protection, Legal Framework, Transparency, India, Cyber Law, Governance.

MEDIATION IN INDIA: A DOCTRINAL OVERVIEW OF JUDICIAL AND STATUTORY DEVELOPMENTS

AUTHOR – PRATIKSHA AGARWAL,ADVOCATE, PUNE

LL.M. STUDENT AT DES NAVALMAL FIRODIA COLLEGE OF LAW, PUNE

BEST CITATION – PRATIKSHA AGARWAL, MEDIATION IN INDIA: A DOCTRINAL OVERVIEW OF JUDICIAL AND STATUTORY DEVELOPMENTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 145-150, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Mediation has emerged as a structured and legally recognised component of the alternative dispute resolution framework in India, reflecting a gradual shift towards consensual and participatory modes of dispute resolution. Judicial encouragement, procedural reforms, and legislative intervention have collectively contributed to the institutionalisation of mediation within the Indian legal system. Over time, Indian courts have played a significant role in promoting mediation by interpreting statutory provisions, encouraging settlement of disputes involving private rights, and facilitating the establishment of court-annexed mediation mechanisms.

This article undertakes a doctrinal examination of mediation in India by analysing its conceptual foundations, judicial evolution through Supreme Court jurisprudence, and statutory recognition under the Mediation Act, 2023. The study traces the development of mediation from its initial judicial endorsement under Section 89 of the Code of Civil Procedure, 1908, to its consolidation as a comprehensive statutory framework governing mediation proceedings and mediated settlement agreements. Particular emphasis is placed on the role of the Supreme Court in clarifying the scope, applicability, and procedural contours of mediation across various categories of disputes.

Adopting a descriptive doctrinal methodology, the article relies on statutory provisions, authoritative judicial pronouncements, and relevant scholarly literature to present a consolidated understanding of mediation as a legally recognised dispute resolution mechanism in India. The article refrains from normative or critical evaluation and instead focuses on outlining the evolution, scope, and legal framework governing mediation, highlighting its position within the broader ADR landscape and its role in supplementing the formal justice delivery system.

KeywordsAlternative Dispute Resolution; Mediation; Mediation Act, 2023; Section 89 CPC; Court-Annexed Mediation; Indian Judiciary

A LEGAL STUDY ON CHILD SEXUAL ABUSE IN INDIA: IMPLEMENTATION OF THE POCSO ACT, 2012

AUTHOR – RAJ SONI, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY), BANGALORE

BEST CITATION – RAJ SONI, A LEGAL STUDY ON CHILD SEXUAL ABUSE IN INDIA: IMPLEMENTATION OF THE POCSO ACT, 2012, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 131-144, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research paper looks at the serious and often overlooked problem of child sexual abuse (CSA) in India, with a special focus on how the Protection of Children from Sexual Offences (POCSO) Act, 2012, is being used in practice. By studying NCRB data from 2015 to 2022 and reviewing landmark cases, it shows a sharp rise in reported CSA cases along with the huge backlog of trials, pointing to a big gap between the promise of strong laws and how they are applied on the ground. Conviction rates remain low, between 29.6% and 39.6%, mainly because of weak evidence, delays in court, and witnesses turning hostile. Deep-rooted social barriers like stigma, fear of family dishonour, and patriarchal attitudes further stop victims from reporting cases, while new online dangers such as grooming and AI-generated child sexual abuse material are creating fresh hurdles for police and courts. The paper also examines constitutional and international commitments to child protection, changes brought into the POCSO Act—including the introduction of the death penalty in certain cases—and the ongoing debate over whether harsher punishments actually improve justice delivery. It also emphasises the significance of victim-sensitive methods, trauma-informed policies, and rehabilitation in order to guarantee survivors true justice. The paper makes the case that reforms need to be more than merely passing new legislation, using a combination of statistics, legal analysis, and international comparisons. To effectively address CSA, India needs to increase social awareness, fortify digital safety, and expedite investigations and trials. Only a holistic approach combining law, psychology, and community support can make child protection genuinely effective.

KEYWORDS: POCSO Act, Child Sexual Abuse, Judicial Backlog, Digital Crime, Victim Rehabilitation.

DATA PROTECTION IN INDIA AFTER THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023: A CRITICAL EVALUATION OF PRIVACY AND STATE POWER

AUTHOR – MS. AASHI DIXIT, BBA-LL.B (Hons.), LL.M. NET (LAW), INDEPENDENT ACADEMIC RESEARCHER

BEST CITATION – MS. AASHI DIXIT, DATA PROTECTION IN INDIA AFTER THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023: A CRITICAL EVALUATION OF PRIVACY AND STATE POWER, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 116-130, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/LDEO6679

I. Abstract

The Digital Personal Data Protection Act, 2023 represents a landmark development in India’s legal and regulatory framework governing the collection, processing, storage, and protection of personal data. Enacted in the aftermath of the Supreme Court’s historic recognition of the right to privacy as a fundamental right in Justice K.S. Puttaswamy v. Union of India (2017), the Act responds to a long-standing constitutional and legislative vacuum in data protection. In an era marked by rapid digitalization, expanding State surveillance capabilities, and the growing economic significance of data-driven innovation, the DPDP Act seeks to establish a consent-based regulatory regime that balances individual privacy, national interests, and economic development. This paper undertakes a critical evaluation of the DPDP Act, 2023 to assess whether it adequately complies with the constitutional standards articulated in Puttaswamy, particularly the requirements of legality, necessity, proportionality, and procedural safeguards. It interrogates the extent to which the Act protects informational autonomy and individual dignity while permitting data processing by the State and private entities. Special attention is devoted to examining the breadth of State exemptions, which allow the government to process personal data for purposes such as national security, public order, and governance, raising concerns about unchecked executive discretion and the potential normalization of mass surveillance.The study further analyzes the Act’s consent architecture, enforcement mechanisms, and institutional design, including the powers and independence of the Data Protection Board of India. It evaluates whether the absence of an independent, judicially insulated regulator and the limited avenues for redress weaken the effectiveness of data protection guarantees. Through a comparative analysis with global data protection frameworks, particularly the European Union’s General Data Protection Regulation (GDPR), the paper highlights both areas of convergence-such as recognition of data principal rights-and significant divergences, especially regarding State accountability, regulatory independence, and proportionality constraints. The paper argues that while the DPDP Act, 2023 constitutes an important step toward formalizing data protection in India, it simultaneously consolidates significant power in the executive, thereby raising serious concerns about constitutional compliance, democratic accountability, and the dilution of privacy protections. It concludes that without stronger safeguards, clearer limitations on State power, and enhanced institutional independence, the Act risks prioritizing governance efficiency and economic interests over the fundamental right to privacy, necessitating urgent legal and structural reforms.

Keywords: Digital Personal Data Protection Act, 2023; Right to Privacy; State Surveillance; Data Governance; Constitutional Proportionality

HUMANIZING ARTICLE 21: THE INDIAN JUDICIARY’S JOURNEY FROM MANEKA TO NAVTEJ SINGH IN DIALOGUE WITH INTERNATIONAL HUMAN RIGHTS NORMS

AUTHOR – ELAINA YALDO & V.R.GOUREE KRISHNA

STUDENTS AT SCHOOL OF LEGAL STUDIES, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY (CUSAT)

BEST CITATION – ELAINA YALDO & V.R.GOUREE KRISHNA, TANISHKA SHAH, JAYANT SHARMA, ANANYA, MANVI SHARDA, RIDHIMA PHULORIA, HUMANIZING ARTICLE 21: THE INDIAN JUDICIARY’S JOURNEY FROM MANEKA TO NAVTEJ SINGH IN DIALOGUE WITH INTERNATIONAL HUMAN RIGHTS NORMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 107-115, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/CLWU3605

Article 21 says- “No person shall be deprived of his life or personal liberty except according to a procedure established by law.”^[1]

According to Justice P. Bhagwati’s ruling in Francis Coralie Mullin v. The Administrator^[2] 1981 SCR (2) 5162, Article 21 “embodies a constitutional value of supreme importance in a democratic society.” Additionally, Article 21 was described by Justice Iyer as “the procedural Magna Carta protective of life and liberty.” The core of the Constitution is Article 21.

---

[1] Constitution of India 1950, art 21.

[2]Francis Coralie Mullin v Administrator, Union Territory of Delhi (1981) 2 SCR 516 (SC).

ADOPTION OF YAJNAVALKYA’S TENETS IN HMA 1955

AUTHOR – ANKIT RAJ & ASHOK DOBHAL

* FINAL YEAR STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

** ASST. PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

BEST CITATION – ANKIT RAJ & ASHOK DOBHAL, ADOPTION OF YAJNAVALKYA’S TENETS IN HMA 1955, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 95-106      , APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/KLSK4809

Abstract

This paper will discuss how the Dharmashastra principles as laid down by Yajnavalkya impacted the Hindu Marriage Act, 1955 that was drafted. It talks about how Hindu ancient legal philosophical thought as represented in a set of texts, the Yajnavalkya Smriti, conceptualised marriage as a sacrament, the need to solemnise, and the ethical foundations of married life in contemporary statutory law. The article also highlights the continuity between concepts of sahadharmacharitva, or dharma companionship, and the modern day legal definition of marriage as a socially and spiritually important institution. At the same time, the article explains the fact that this adoption was actually selective and reformist in nature. Though the tenets propounded by Yajnavalkya reflected the social order that existed during the period, through Hindu Marriage Act, these tenets were modified deliberately with the aim of establishing monogamy, consent, minimum age of marriage and divorce provisions so that individual law would be adjusted to the constitutional value of equality and dignity. This paper also endeavors to provide a trace of the interpretation of Hindu marriage by Indian Courts by trying to reconcile the traditional classical concepts of shastric ideals with the contemporary human rights ideals. It is therefore a claim in this paper that in both how tradition and reform have been synthesized, Hindu marriage act is neither a total departure nor a blinded continuation of ancient Hindu law but a dynamic legal evolution with classical moral philosophies glimpsing rather than dictating statutory provisions. The paper, therefore, ends by concluding that the lasting value of Yajnavalkya is his moral conception of marriage as a communal spiritual and social duty which continues to drive the form and spirit of the Hindu matrimonial law in the contemporary India.

THE RISE OF FINTECH:  LEGAL CHALLENGES AND OPPORTUNITITES CRYPTOCURRENCY, BLOCKCHAIN, AND SMART CONTRACTS: LEGAL DIMENSIONS

AUTHOR – NITHISH KUMAR B, STUDENT AT GOVERNMENT LAW COLLEGE TRICHY

BEST CITATION – NITHISH KUMAR B, THE RISE OF FINTECH:  LEGAL CHALLENGES AND OPPORTUNITITES, CRYPTOCURRENCY, BLOCKCHAIN, AND SMART CONTRACTS: LEGAL DIMENSIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 90-94, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/MAOI7748

Abstract

The financial technology (FinTech) revolution, driven by Distributed Ledger Technology (DLT), presents a watershed moment for global commerce and law. At its core, DLT, encompassing cryptocurrency, blockchain, and smart contracts, challenges the foundational principles of traditional finance and legal jurisprudence: intermediation, jurisdiction, and contract enforceability. This paper analyzes the critical legal dimensions emerging from this technological shift, moving beyond an initial period of regulatory uncertainty toward a new era of targeted legislation and landmark litigation. Specifically, it examines the fragmented global regulatory response to crypto-assets (e.g., the EU’s MiCA and US legislative efforts), the legal complexity of classifying DLT assets, the disruptive potential and data privacy concerns of non-currency blockchain applications, and the profound jurisprudential conflict between the deterministic “code is law” ethos of smart contracts and the flexibility of common and civil law traditions. The paper concludes that DLT presents a significant legal opportunity to enhance transparency and efficiency, but only through the establishment of nuanced, principle-based regulatory frameworks that can reconcile decentralized technology with the imperative of financial stability, consumer protection, and equitable legal recourse.