EFFECTIVENESS OF THE COMPETITION COMMISSION OF INDIA: ACHIEVEMENTS, CHALLENGES, AND THE WAY FORWARD

AUTHOR – VAISHAK S, LLM (BUSINESS LAW) AMITY UNIVERSITY, NOIDA.

BEST CITATION – VAISHAK S, EFFECTIVENESS OF THE COMPETITION COMMISSION OF INDIA: ACHIEVEMENTS, CHALLENGES, AND THE WAY FORWARD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 576-586, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I6460

ABSTRACT:
India’s move from a controlled economy to a liberalized market system needed a robust foundation for competition regulation in order to control how the market worked and make the economy more efficient. The Competition Act, 2002, which was a big change from the Monopolies and Restrictive Trade Practices Act, 1969, set up the Competition Commission of India (CCI) as the main regulating authority. The Commission’s job is to make sure that markets are fair and competitive by blocking agreements that are not fair, controlling the abuse of dominant positions, and keeping an eye on mergers.
This paper critically examines the efficacy of the CCI by analyzing its institutional performance, enforcement techniques, and contributions to the development of Indian competition law doctrine. It looks at important court decisions that have changed how the Competition Act, 2002 is used and understood. These include Competition Commission of India v. Steel Authority of India Ltd., Excel Crop Care Ltd. v. Competition Commission of India., DLF Ltd. v. Competition Commission of India., Google LLC v. Competition Commission of India., and Bharti Airtel Ltd. v. Competition Commission of India.
The report also talks about some of the CCI’s biggest successes, such making merger control more open, enforcing antitrust laws more effectively, and pushing for more competition. However, it points out several problems that make the Commission less effective, such as delays in making decisions, a lack of technical knowledge, constraints on enforcement, and difficulties in regulating new digital markets that have data dominance and network effects. Moreover, jurisdictional overlaps with sectorial regulators continue to hinder effective enforcement and create uncertainty.

The study uses a doctrinal and analytical method to look at how the CCI works by looking at academic literature, statutory provisions, and court decisions. It says that even while the Commission has done a lot to make India more competitive, we still need to build institutions, change procedures, and use new regulatory powers to fix problems in the market. The paper finishes with suggestions for changes that will make the CCI more effective, especially in light of digital economies and global competition trends. These changes will help achieve the goals of consumer welfare, market efficiency, and fair competition.

Key Words: Competition Law, Competition Commission of India, Anti-Competitive Agreements, Abuse of Dominance, Cartelisation, Digital Markets, Consumer Welfare.

CHALLENGES OF SFIO IN INDIA: STRUCTURAL LIMITS, NEED FOR PROSECUTION POWERS, AND ROLE OF DATA ANALYTICS IN FRAUD DETECTION

AUTHOR – HANNA MUSTHAFA, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – HANNA MUSTHAFA, CHALLENGES OF SFIO IN INDIA: STRUCTURAL LIMITS, NEED FOR PROSECUTION POWERS, AND ROLE OF DATA ANALYTICS IN FRAUD DETECTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 566-575, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I6459

ABSTRACT

Corporate fraud has emerged as one of the most pressing challenges confronting the Indian economy in the post-liberalization era. With increasing globalization, digitalization, and complex corporate structures, fraudulent practices have evolved in sophistication, scale, and impact. The Serious Fraud Investigation Office (SFIO), established under the Ministry of Corporate Affairs, is India’s premier agency tasked with investigating complex corporate frauds. While the SFIO has played a significant role in uncovering high-profile scams and strengthening corporate governance, it continues to face numerous structural, procedural, and operational challenges that hinder its effectiveness.

This article critically examines the structural limitations of the SFIO, including issues related to institutional design, lack of autonomy, manpower constraints, and procedural inefficiencies. It further explores the pressing need to grant independent prosecution powers to the SFIO to enhance its functional efficacy and reduce dependency on other enforcement agencies. Additionally, the article highlights the transformative role of data analytics, artificial intelligence, and regulatory technology (RegTech) in strengthening fraud detection mechanisms, improving investigative efficiency, and enabling proactive regulatory oversight.

By adopting a doctrinal and analytical approach, this study argues that meaningful reforms—particularly institutional strengthening, legal empowerment, and technological integration—are essential to ensure that the SFIO can effectively combat modern corporate fraud. The paper concludes with policy recommendations aimed at enhancing the operational capabilities of the SFIO and aligning India’s corporate fraud enforcement framework with global best practices.

Keywords: SFIO, Corporate Fraud, India, Data Analytics, Prosecution Powers, Corporate Governance, Regulatory Framework, Fraud Detection, White-Collar Crime

STANDARD FORM CONTRACTS IN INTERNATIONAL BUSINESS:  EFFICIENCY VERSUS CONSUMER AUTONOMY

AUTHOR – RETHIGA RAMESH, LLM STUDENT AT TAMILNADU DR.AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW, CHENNAI.

BEST CITATION – RETHIGA RAMESH, STANDARD FORM CONTRACTS IN INTERNATIONAL BUSINESS:  EFFICIENCY VERSUS CONSUMER AUTONOMY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 561-565, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Standard form contracts have become essential tools in international business, helping to create efficiency, consistency, I am predictability in transactions that cross National borders. Although their use in business to business agreements is widely accepted, the growing use in contracts involves consumer raises important concerns about the ability of consumers to freely agree to terms and their real control over the contract they enter. This article looks closely at the conflict between efficiency and consumer protection when standard form of contract are used in international consumer transactions. It’s suggest that the formal agreement obtained through adhesion contracts often heights real power imbalance would go against a basic principles of contract law.

This article examines how the structure of standard form contracts like one sided drafting, the inability to negotiate terms, and unequal axis to information- Andaman is consumer choice in international markets. Its focuses especially on harmful clauses such as choice of law provisions, clauses that shoes foreign courts, and mandatory arbitration agreements, which often work against consumers by limiting their access to fail legal remedies. The study also points are that current legal protection for consumer unlimited by National borders and not well suited to deal with challenges of international contracts. International standards for consumer protection or also mostly not legally binding and or not well coordinated.

Adopting a doctrinal and analytical methodology, this article contends that international business law has disproportionately prioritized commercial efficiency at the expense of consumer autonomy. It concludes by advocating for a recalibration of the international contractual framework through the incorporation of minimum fairness standards, enhanced transparency obligations, and interpretative approaches that recognize the structural vulnerability of consumers. Such measures, it argues, are essential to reconciling efficiency with fairness in contemporary international business contracts.

KEYWORDS: International Business Law, Standard Form Contracts, Consumer Autonomy, Cross-Border Transactions, Unfair Terms

“UNIFORM CIVIL CODE IN INDIA: FEASIBILITY, CONSTITUTIONAL CHALLENGES, AND SOCIAL REALITIES”

AUTHOR – MANU PATSARIA* & DR. KRITIKA NAGPAL**

* STUDENT AT AMITY UNIVERSITY, NOIDA

** ASSISTANT PROFESSOR, AMITY UNIVERSITY, NOIDA

BEST CITATION – MANU PATSARIA & DR. KRITIKA NAGPAL, “UNIFORM CIVIL CODE IN INDIA: FEASIBILITY, CONSTITUTIONAL CHALLENGES, AND SOCIAL REALITIES”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 553-561, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I6457

Abstract:

“The Uniform Civil Code (UCC) is still one of the most talked-about issues in India’s discussions about the Constitution and social law. The idea comes from Article 44 of the Directive Principles of State Policy.” Moreover, it also includes components such as “contracts, compensation, and such other laws that do not provide penal provisions”. It wants to replace the many personal laws that govern marriage, divorce, inheritance, and adoption with a single set of civil rules that apply to everyone, regardless of their faith or community. This research paper looks at the UCC’s constitutional basis, how it has changed over time, and how it fits into India’s many different legal systems. It also talks about how courts have interpreted the law, what lawmakers have tried to do, and how trying to make personal laws work in a community with a lot of different cultures can change people’s lives. The research investigates the congruence of a “Uniform Civil Code (UCC)” with India’s commitment to cultural and religious liberty through a critical evaluation of constitutional provisions and seminal rulings. The report concludes that while the UCC guarantees legal equality and gender justice, it must be put into action in a way that carefully balances uniformity with protecting India’s cultural diversity.

KEYWORDS: “Uniform, Civil, Code, Common, Art. 44 of the Constitution, Personal Laws, Secularism, Gender Justice and Indian Constitution,.”

SEBI’S SOCIAL STOCK EXCHANGE FRAMEWORK: BRIDGING PHILANTHROPY AND CAPITAL MARKETS

AUTHOR – AMISHA DUBEY, B.B.A LL. B (HONS.), SCHOOL OF LAW, NMIMS, NAVI MUMBAI.

BEST CITATION – AMISHA DUBEY, SEBI’S SOCIAL STOCK EXCHANGE FRAMEWORK: BRIDGING PHILANTHROPY AND CAPITAL MARKETS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 542-552, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I6456

ABSTRACT

The Social Stock Exchange (SSE) of India is a new effort to merge a social philanthropy system with market-controlled capital market mechanisms. Consolidating its SSE regulations, the Securities and Exchange Board of India (SEBI) issued a Master Circular dated January 19, 2026, which formalizes registration, fundraising, reporting, and governance of social enterprise regulations. Theoretically, this framework enhances transparency and accountability as it involves disclosures and reporting of impacts in detail. It also comes up with special instruments such as the Zero Coupon Zero Principal (ZCZP) bond which enables the donors to finance projects without any returns. Further, subsequent amendments introduced through SEBI circular dated April 15, 2026, have relaxed certain operational constraints, particularly in relation to registration timelines and minimum subscription requirements, reflecting a shift towards a more flexible and viability-oriented regulatory approach. The SSE however poses challenging questions regarding inclusivity and practicality. Strict compliance needs can be biased to the big and well-endowed organizations leaving the small charities out. In a more basic sense, the idea of social impact as an asset to be traded poses a challenge to the traditional rules of investment: the tools that do not produce any monetary profit are based solely on the motivation of donors. This article will analyze the design and objectives of the SSE framework of SEBI, the strengths and weaknesses of the framework, and possible lessons learned by looking at international cases. It states that the SSE is a forward-looking move to direct capital into social good, but its effectiveness will depend on the ability to strike a balance between the regulatory strictness and flexibility in the operations and a more realistic perception of investor incentives.

PHARMACEUTICAL PATENTS VIS-À-VIS PUBLIC HEALTH:  BALANCING PATENT RIGHTS AND ACCESS TO MEDICINES IN INDIA

AUTHOR – VANSHITA SRIVASTAVA* & DR. SHOVA DEVI**

* STUDENT OF MASTER OF LAWS (LL.M.)( BUSINESS LAW), AMITY UNIVERSITY, LUCKNOW

** ASSISTANT PROFESSOR, AMITY LAW SCHOOL, LUCKNOW

BEST CITATION – VANSHITA SRIVASTAVA & DR. SHOVA DEVI, PHARMACEUTICAL PATENTS VIS-À-VIS PUBLIC HEALTH:  BALANCING PATENT RIGHTS AND ACCESS TO MEDICINES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 528-541, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Pharmaceutical patents play a significant role in promoting research and innovation in the healthcare sector by granting exclusive rights to inventors for a limited period. However, these rights often lead to high prices of medicines, which can restrict access for a large section of the population, especially in developing countries like India. This creates a serious conflict between the protection of patent rights and the need to ensure public health. This paper examines how India has attempted to strike a balance between these two competing interests through its legal and policy framework.

The study focuses on the provisions of the Patents Act, 1970, particularly Section 3(d), which prevents the practice of evergreening by disallowing patents on minor modifications of existing drugs unless they show significant improvement in efficacy. It also discusses the concept of compulsory licensing, which enables the production of affordable generic medicines in cases where patented drugs are not reasonably accessible to the public. The role of the judiciary is also highlighted through important decisions that have supported the principle of access to medicines over strict patent protection.

Further, the paper analyzes the impact of international agreements like TRIPS on India’s patent system and the challenges posed by global pressure to adopt stricter intellectual property standards. It concludes that while patent protection is essential for encouraging innovation, it should not come at the cost of public health. India’s approach reflects a balanced model, but continuous efforts are required to ensure that essential medicines remain accessible and affordable to all sections of society.

Keywords : Pharmaceutical Patents, Public Health, Access to Medicines, Patent Law, Section 3(d), Compulsory Licensing, TRIPS Agreement, Generic Medicines, India

TALAQ UNDER MUSLIM LAW: A COMPREHENSIVE LEGAL ANALYSIS OF DIVORCE, CLASSIFICATIONS, JUDICIAL DEVELOPMENTS, AND GENDER JUSTICE

AUTHOR – YASIR KHAN, AUTHOR AT JAGRAN LAKECITY UNIVERSITY

BEST CITATION – YASIR KHAN, TALAQ UNDER MUSLIM LAW: A COMPREHENSIVE LEGAL ANALYSIS OF DIVORCE, CLASSIFICATIONS, JUDICIAL DEVELOPMENTS, AND GENDER JUSTICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 518-527, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The notion of talaq within Muslim law signifies the termination of marriage initiated by the husband, embodying both religious doctrines and legal interpretations found in Islamic jurisprudence. This study investigates the historical development, classifications, and procedures associated with talaq, including talaq-e-ahsan, talaq-e-hasan, and talaq-e-biddat (triple talaq). It delves into the tension between the husband’s unilateral authority and the growing focus on gender justice and equality in contemporary legal frameworks. Through an analysis of judicial rulings and legislative changes, particularly in India, the research underscores the evolution of talaq from a solely religious act to a regulated legal procedure that ensures fairness and safeguards women’s rights, highlighting the socio-legal ramifications and current discussions related to Muslim personal law.

CYBER CRIME AGAINST WOMEN IN INDIA

AUTHOR – RIYA DUBEY* & DR. SUKRITI YADAV**

* STUDENT AT AMITY UNIVERSITY LUCKNOW

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY LUCKNOW

BEST CITATION – RIYA DUBEY & DR. SUKRITI YADAV, CYBER CRIME AGAINST WOMEN IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 513-517, APIS – 3920 – 0001 & ISSN – 2583-2344

CHAPTER 1 – INTRODUCTION

1.1 Research Background

The swift progress of information and communication technology has substantially transformed contemporary society. In today’s world internet is essential for everyone, enabling communication, education, commerce, governance, and entertainment. With the proliferation of smartphones and the expansion of digital connectivity, millions of individuals across the world are now connected through different online platforms. In India, the digital revolution has accelerated with initiatives promoting digital infrastructure and online services. While these developments have enhanced opportunities and accessibility, they have simultaneously given rise to a new category of criminal activities commonly referred to as cybercrime.

NARCO-ANALYSIS AND THE LAW OF CONFESSIONS IN INDIA: CONSTITUTIONAL AND EVIDENTIARY PERSPECTIVES

AUTHOR – ARPITA SINGH, STUDENT AT AMITY UNIVERSITY

BEST CITATION – ARPITA SINGH, NARCO-ANALYSIS AND THE LAW OF CONFESSIONS IN INDIA: CONSTITUTIONAL AND EVIDENTIARY PERSPECTIVES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 497-499, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Narco-analysis, often described as a “truth serum” technique, has occupied a controversial space within the Indian criminal justice system. While investigative agencies have occasionally relied upon it to extract concealed information from suspects, its legitimacy under constitutional and evidentiary law remains deeply contested. This paper critically examines the admissibility of confessions obtained through narco-analysis within the Indian legal framework. It analyses statutory provisions under the Indian Evidence Act, 1872, alongside constitutional safeguards enshrined in Articles 20(3) and 21 of the Constitution of India. Through an examination of judicial pronouncements—particularly the landmark decision in Selvi v. State of Karnataka—this paper argues that narco-analysis fails to meet the standards of voluntariness, reliability, and procedural fairness required for admissible confessions. Furthermore, it highlights the ethical and human rights implications of such techniques and situates India’s position within a comparative global context. The study concludes that narco-analysis, while potentially useful as an investigative aid, cannot be treated as substantive evidence and must remain strictly regulated to prevent abuse.

PATENT INFRINGEMENT IN THE DIGITAL AND TECHNOLOGICAL ERA

AUTHOR – NANDHITHA R DINESH, STUDENT AT AMITY UNIVERSITY

BEST CITATION – NANDHITHA R DINESH, PATENT INFRINGEMENT IN THE DIGITAL AND TECHNOLOGICAL ERA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 500-512, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I6452

ABSTRACT

The patent situation related to digital technologies in India has experienced an unprecedented boom, with more than 86,000 artificial intelligence-related applications being registered between 2010 and 2025. However, the grant rate still is only 0.37 which underlines the sheer doctrinal barriers that are set by the Section 3(k) of the Patents Act, 1970. In the current study, systemic failures of the patent infringement system in India are analyzed regarding AI systems, software, and Internet of Things innovations through the concept of a three-pronged crisis: the incompatibility of the doctrine, the insufficiency of the enforcement, the lack of institutions.^[1][2]

The study develops a detailed reform agenda through the analysis of its doctrines, the comparison between the United States and ESuropean Union models, and normative analysis of the case law such as Idemia India v. Controller General of Patents, BlackBerry Limited v. Controller of Patents and Designs, ANI Media Pvt. Ltd. v. OpenAI Inc., and Arijit Singh v. Codifiable Ventures LLP^[3]. The suggestions include legislative change to Section 3(k), codification of indirect infringement principles, technical discovery processes, specialist IP courts, compulsory AI watermarking criteria, and increased international interactions. The main argument is that gradual judicial change is not enough and that a specific legislative intervention is possible and even needed.