PRIVACY VIS-À-VIS TRANSPARENCY: RECONCILING THE RIGHT TO INFORMATION ACT, 2005 WITH THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023

AUTHOR – DR. S. PADMAJA,M.A. LL.M. PHD., ASSISTANT PROFESSOR IN LAW (PT), UNIVERSITY COLLEGE OF LAW, KAKATIYA UNIVERSITY, WARANGAL, T.S.(INDIA)

BEST CITATION – DR. S. PADMAJA, PRIVACY VIS-À-VIS TRANSPARENCY: RECONCILING THE RIGHT TO INFORMATION ACT, 2005 WITH THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 678-683, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/GMEO4129

Abstract

The Indian constitutional framework simultaneously advances two foundational democratic commitments: transparency in governance and protection of individual privacy. Transparency, institutionalised through the Right to Information Act, 2005 (RTI Act), is essential for accountability, participatory democracy, and control of corruption. Privacy, elevated to the status of a fundamental right under Article 21 by the Supreme Court in Justice K.S. Puttaswamy v. Union of India, is integral to human dignity and individual autonomy. The enactment of the Digital Personal Data Protection Act, 2023 (DPDP Act) has recalibrated the legal landscape governing informational privacy, particularly in the digital sphere. This article undertakes an in-depth doctrinal, constitutional, and jurisprudential analysis of the interface between privacy and transparency in India. It argues that privacy and transparency are not antithetical values but must be reconciled through principles of proportionality, public interest, and harmonious statutory interpretation. The article further contends that an overly expansive application of data protection norms risks diluting the transformative potential of the RTI regime and weakening democratic accountability.

Keywords: Transparency in Governance, Right to Information Act, 2005, Right to Privacy (Article 21), Digital Personal Data Protection Act, 2023, Democratic Accountability

LEGAL POSITIVISM AND ITS IMPLICATION ON THE INDIAN CONSTITUTION

AUTHOR – AKSHAY SIBY, STUDENT AT CHRIST (DEEMED TO BE) UNIVERSITY

BEST CITATION – AKSHAY SIBY, LEGAL POSITIVISM AND ITS IMPLICATION ON THE INDIAN CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 670-677, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Legal positivism is one of the most influential schools of jurisprudence in modern legal theory. It emphasizes that the validity of law depends primarily on its source and institutional authority, rather than its moral content. According to positivist thinkers, law derives legitimacy from recognized legal procedures and institutions, not from moral ideals such as justice or fairness. This perspective contrasts with natural law theory, which maintains that law must be grounded in moral principles in order to possess legitimacy.¹

The constitutional framework of India offers a significant context for examining the application and limitations of legal positivism. The Indian Constitution functions as the supreme law of the land, establishing the foundation for legislative authority, executive governance, and judicial interpretation. In this sense, the constitutional structure reflects positivist legal reasoning, as legal validity depends on conformity with the Constitution.²

However, the development of Indian constitutional jurisprudence demonstrates that the judiciary often goes beyond strict positivist reasoning. Through doctrines such as the Basic Structure Doctrine, the expansion of fundamental rights, and the recognition of constitutional morality, courts have incorporated broader principles of justice, liberty, and democratic governance into constitutional interpretation.

Landmark judgments of the Supreme Court of India have played a crucial role in shaping this evolution. Cases such as Kesavananda Bharati v. State of Kerala and Maneka Gandhi v. Union of India illustrate how constitutional interpretation may integrate both positivist and normative principles. These decisions demonstrate that while the Constitution remains the ultimate legal authority, its interpretation often requires courts to consider broader values embedded in the constitutional framework.

This research paper examines the theoretical foundations of legal positivism and evaluates its implications within the Indian constitutional system. By analyzing constitutional provisions, jurisprudential theories, and landmark judicial decisions, the paper explores the extent to which positivist legal reasoning influences Indian constitutional law and how it interacts with broader principles of justice and democracy.

Key Words: Legal Positivism, Constitutional Supremacy, Basic Structure Doctrine, Judicial Review, and Indian Constitutional Law.

DECOLONIZING JUSTICE – LEGAL CRITIQUE OF THE CARCERAL SYSTEMS IN POST-COLONIAL STATES WITH SPECIAL REFERENCE TO INDIA, SOUTH AFRICA, AND CANADA

AUTHOR – SAMANTHA SMRITI R, STUDENT AT CHRIST (DEEMED TO BE) UNIVERSITY

BEST CITATION – SAMANTHA SMRITI R, DECOLONIZING JUSTICE – LEGAL CRITIQUE OF THE CARCERAL SYSTEMS IN POST-COLONIAL STATES WITH SPECIAL REFERENCE TO INDIA, SOUTH AFRICA, AND CANADA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 655-669, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This research paper examines the colonial roots and lasting impact of carceral systems in post-colonial countries, especially India, South Africa, and Canada. It looks into how colonial law continues to shape prison management, legislation, and the ongoing oppression of marginalized groups in these regions. Using doctrinal, analytical, and comparative methods, the study evaluates current penal laws and their alignment with restorative justice. It calls for decolonial strategies that challenge punitive colonial legacies and improve rehabilitation, human dignity, and community-based options. By comparing indigenous justice traditions with colonial punitive models, this article contributes to the academic discussion on decolonizing justice systems and proposes inclusive legal reforms for social equity and the protection of human rights.

THE GHOST IN THE MACHINE: A DOCTRINAL AND COMPARATIVE ANALYSIS OF GENERATIVE AI, COPYRIGHT AUTHORSHIP, AND PERSONALITY RIGHTS IN INDIA

AUTHOR – AKANSHA TOPPO, STUDENT AT NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL MADHYA PRADESH

BEST CITATION – AKANSHA TOPPO, THE GHOST IN THE MACHINE: A DOCTRINAL AND COMPARATIVE ANALYSIS OF GENERATIVE AI, COPYRIGHT AUTHORSHIP, AND PERSONALITY RIGHTS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 648-654, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The precipitous rise of Generative Artificial Intelligence (AI) technologies, exemplified by Large Language Models (LLMs) and Generative Adversarial Networks (GANs), has disrupted the ontological foundations of intellectual property law. This paper undertakes a doctrinal and comparative critique of the Indian Copyright Act, 1957 and the Information Technology Act, 2000 in the wake of this algorithmic revolution. The study is divided into three thematic verticals. First, it scrutinizes the “Authorship Conundrum” by juxtaposing the Lockean “sweat of the brow” doctrine against the modern “modicum of creativity” standard established in Eastern Book Company v. D.B. Modak. It argues that Section 2(d)(vi) of the Copyright Act creates a legislative vacuum for autonomous AI works. Second, the paper navigates the “Personality Rights Crisis” triggered by Deepfakes. Through a forensic analysis of the Anil Kapoor v. Simply Life India judgment, it evaluates whether the common law tort of passing off is a sufficient remedy for digital identity theft. Third, it examines the “Intermediary Liability” framework under the IT Rules, 2021, questioning whether safe harbour provisions should extend to algorithmic amplification of infringing content. Concluding with a comparative analysis of the US, UK, and EU jurisdictions, the paper proposes a sui generis “Data Rights Framework” that decouples human creativity from machine investment, advocating for a statutory amendment to recognize “AI-Assisted Works” as a distinct class of intellectual property.

Keywords: Generative AI, Copyright Authorship, Personality Rights, Deepfakes, Intermediary Liability, Eastern Book Company, Anil Kapoor Judgment.

THE EROSION OF THE ‘SOCIAL CONTRACT’: A HUMAN RIGHTS CRITIQUE OF INDIA’S NEW LABOUR CODES

AUTHOR – AKANSHA TOPPO, STUDENT AT NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL MADHYA PRADESH

BEST CITATION – AKANSHA TOPPO, THE EROSION OF THE ‘SOCIAL CONTRACT’: A HUMAN RIGHTS CRITIQUE OF INDIA’S NEW LABOUR CODES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 642-647, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The promulgation of the four New Labour Codes—the Code on Wages, 2019; the Industrial Relations Code, 2020; the Code on Social Security, 2020; and the Occupational Safety, Health and Working Conditions Code, 2020—marks a watershed moment in India’s industrial jurisprudence. While the stated legislative intent is to simplify the labyrinthine complex of 29 central labour laws and foster “Ease of Doing Business,” this paper argues that the consolidation comes at a significant cost to the fundamental human rights of the working class.

This paper adopts a rights-based approach to critique the Codes, analyzing them against the anvil of the International Labour Organization’s (ILO) Core Conventions and the Constitutional mandate of Article 21 and Article 43. Specifically, it scrutinizes the dilution of the “Right to Strike” under the Industrial Relations Code, the exclusion of millions of informal and gig workers from the mandatory ambit of the Social Security Code, and the potential violation of the “Right to Dignified Work” through increased threshold limits for retrenchment.

The central hypothesis is that the Codes represent a paradigm shift from “State Paternalism” to “Market Facilitation,” effectively rewriting the social contract between the State and Labour. By expanding the discretionary powers of the “appropriate government” to exempt establishments from statutory compliance, the Codes risk reducing labour rights to mere administrative dispensations rather than inalienable human rights. The paper concludes by suggesting a human-rights-centric review of the Codes to balance economic growth with social justice, ensuring that the “Amrit Kaal” of the Indian economy does not become a dark age for its workers.

Keywords: Labour Codes 2020, Human Rights, ILO Conventions, Right to Strike, Social Security, Gig Economy.

NOVEL PSYCHOACTIVE SUBSTANCES: DETECTION, FORENSIC TOXICOLOGY, AND LEGAL FRAMEWORKS WITH SPECIAL REFERENCE TO THE INDIAN CONTEXT

AUTHOR – BALA SRINIVASAN M* & MS. HEMAVATHY**

* STUDENT AT THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW

** PROFESSOR AT THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW

BEST CITATION – BALA SRINIVASAN M & MS. HEMAVATHY, NOVEL PSYCHOACTIVE SUBSTANCES: DETECTION, FORENSIC TOXICOLOGY, AND LEGAL FRAMEWORKS WITH SPECIAL REFERENCE TO THE INDIAN CONTEXT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 629-641, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Novel psychoactive substances (NPS) represent one of the most rapidly evolving challenges in contemporary forensic toxicology, public health governance, and narcotics law enforcement. Designed to chemically mimic the pharmacological effects of controlled substances while evading existing legislative controls, NPS have proliferated globally with alarming speed. This paper examines the scientific landscape of NPS detection across biological matrices, exploring immunoassay screening limitations, chromatographic confirmatory methods including GC-MS and LC-MS/MS, and the transformative potential of high-resolution mass spectrometry and portable spectroscopic technologies. The paper further situates these analytical challenges within the Indian legal framework under the Narcotic Drugs and Psychotropic Substances Act 1985, examining relevant case law and institutional responses. It concludes with an assessment of AI-driven innovations and their prospects for proactive NPS monitoring. The interface between analytical chemistry and law is shown to be critical: without robust, validated detection, the prosecution of NPS-related offences and the protection of public health remain fundamentally compromised.

ARTIFICIAL INTELLIGENCE AND LAW: IS THE INDIAN LEGAL FRAMEWORK READY?

AUTHOR – TEJAS R GOWDA, STUDENT AT CHRIST DEEMED TO BE UNIVERSITY

BEST CITATION – TEJAS R GOWDA, ARTIFICIAL INTELLIGENCE AND LAW: IS THE INDIAN LEGAL FRAMEWORK READY?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 617-628, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/JPRB7370

ABSTRACT

Artificial Intelligence (AI) is increasingly transforming governance, public administration, and law enforcement across the globe. Governments are integrating algorithmic systems into decision-making processes in order to improve efficiency, optimize resource allocation, and enhance security mechanisms. In India, artificial intelligence technologies such as facial recognition systems, predictive policing tools, and advanced data analytics platforms are gradually becoming embedded within law enforcement frameworks. While these technological innovations promise enhanced public safety and improved efficiency in criminal investigations, they simultaneously raise significant legal, ethical, and constitutional concerns.

Despite the rapid adoption of AI technologies, India currently lacks a comprehensive legal framework governing the development, deployment, and accountability of artificial intelligence systems. Existing legislation such as the Information Technology Act, 2000, the Consumer Protection Act, 2019, and the Digital Personal Data Protection Act, 2023 provide only fragmented regulatory oversight. These statutes were enacted before the widespread emergence of sophisticated algorithmic systems and therefore fail to address the complex legal challenges associated with modern AI technologies.

This research paper examines the readiness of the Indian legal framework to regulate artificial intelligence technologies used in law enforcement, with particular emphasis on facial recognition systems. The study evaluates the constitutional implications of AI-based surveillance technologies under Articles 14 and 21 of the Constitution of India, focusing on the protection of equality, privacy, and personal liberty. Through doctrinal legal analysis and comparative evaluation of international regulatory models—particularly the European Union’s proposed Artificial Intelligence Act—the paper identifies significant gaps in India’s regulatory approach.

The research argues that the absence of comprehensive legal safeguards governing artificial intelligence creates a regulatory vacuum that may facilitate arbitrary state action and undermine fundamental rights. To address these concerns, the paper proposes the enactment of dedicated artificial intelligence legislation, the establishment of independent oversight authorities, and the implementation of transparency and accountability mechanisms governing algorithmic systems. Ultimately, the paper concludes that India must urgently develop a balanced regulatory framework that promotes technological innovation while safeguarding constitutional freedoms and democratic values.

THIRD PARTY INFORMATION UNDER THE RIGHT TO INFORMATION ACT, 2005: A CRITICAL ANALYSIS OF TRANSPARENCY, PRIVACY AND PUBLIC INTEREST IN INDIA

AUTHOR – DR. SUMER RIZWAN SHAIKH

ASSISTANT PROFESSOR, M.C.E. SOCIETY’S A.K.K. NEW LAW ACADEMY, AZAM CAMPUS, CAMP, PUNE-411001 (MAHARASHTRA)

BEST CITATION – DR. SUMER RIZWAN SHAIKH, THIRD PARTY INFORMATION UNDER THE RIGHT TO INFORMATION ACT, 2005: A CRITICAL ANALYSIS OF TRANSPARENCY, PRIVACY AND PUBLIC INTEREST IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 616-538, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/OJGD2449

Abstract

The Right to Information Act, 2005 represents one of the most transformative legislative measures aimed at promoting transparency and accountability in governance in India. While the Act facilitates citizens’ access to information held by public authorities, it also recognizes limitations where disclosure may affect the privacy or commercial interests of third parties. Section 11 of the Act specifically deals with “third party information,” providing a procedural framework for disclosure when requested information relates to or has been supplied by a third party and treated as confidential.

This research article critically analyses the legal framework governing third party information under the RTI Act. It examines the statutory provisions, judicial interpretations, and administrative practices associated with Section 11 and related exemptions under Section 8 of the Act. The study also evaluates the tension between the fundamental right to information and the right to privacy under Article 21 of the Constitution of India.

Through an analysis of landmark judgments delivered by the Supreme Court, High Courts, and the Central Information Commission, the article explores how courts have balanced transparency with protection of personal and commercial information. The research further highlights challenges such as misuse of RTI requests, arbitrary denial of information by public authorities, and procedural delays in third-party consultations.

The study concludes that while the RTI Act aims to empower citizens, effective safeguards are necessary to ensure that the disclosure of third-party information does not violate legitimate privacy interests. The article proposes legal and institutional reforms to strengthen the implementation of Section 11 while maintaining the core objectives of transparency and accountability.

Keywords – Right to Information Act, Third Party Information, Transparency, Privacy Rights, Public Interest, Section 11 RTI Act, Information Commission, Administrative Law.

“A DOCTRINE OF PROPORTIONALITY IN THE PROBATION OF OFFENDERS ACT, 1958: A DOCTRINAL ANALYSIS OF SENTENCING, REFORM, AND JUDICIAL BALANCING”

AUTHOR – GS KISHANTH, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – GS KISHANTH, “A DOCTRINE OF PROPORTIONALITY IN THE PROBATION OF OFFENDERS ACT, 1958: A DOCTRINAL ANALYSIS OF SENTENCING, REFORM, AND JUDICIAL BALANCING”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 596-605, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

   The doctrine of proportionality, firmly rooted in constitutional and criminal jurisprudence, mandates that punishment must be just, fair, and commensurate with the offence committed. Within this framework, the Probation of Offenders Act, 1958 represents India’s legislative attempt to incorporate reformative justice by providing alternatives to incarceration for certain categories of offenders. This paper explores the intersection of proportionality and probation, examining whether the Act truly achieves a balance between individual rehabilitation and societal interests. Using a doctrinal methodology, the research draws upon statutory provisions, judicial interpretations, and comparative perspectives from the United Kingdom and United States. The study reveals that while Indian courts have recognized proportionality as an essential component of probation, inconsistent judicial application and the absence of structured sentencing guidelines have undermined its effectiveness. The paper argues that proportionality is best realized when probation decisions are individualized yet consistent, ensuring neither undue leniency nor excessive harshness. It recommends strengthening probation services, adopting structured sentencing frameworks, and enhancing judicial training to minimize arbitrariness. Ultimately, the paper concludes that proportionality, if effectively embedded within probation practices, can advance a just and humane criminal justice system in India.

JUVENILE JUSTICE ACT REHABILITATION VS PUNISHMENT

AUTHOR – SURAJ GAUTAM* & DR. ANUPRIYA YADAV**

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

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

BEST CITATION – SURAJ GAUTAM & DR. ANUPRIYA YADAV, JUVENILE JUSTICE ACT REHABILITATION VS PUNISHMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 582-595, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/WHZZ7961

Introduction:- The  Justice Act represents India’s legal and moral commitment to deal with children in conflict with law through a framework that recognises their vulnerability, capacity for reform, and need for care rather than retribution. Rooted in constitutional values, international conventions such as the United Nations Convention on the Rights of the Child, and evolving understandings of child psychology, the Act seeks to balance the objectives of child protection, social reintegration, and public safety. However, this balance has consistently generated debate, particularly around the question of whether juveniles who commit offences, especially serious and heinous crimes should be subjected primarily to rehabilitative measures or punitive sanctions akin to those imposed on adults. The Juvenile Justice Act thus becomes a contested legal space where the ideals of reformative justice intersect with societal demands for deterrence and accountability.

The rehabilitative philosophy underlying the Juvenile Justice Act is premised on the belief that children, due to their age and developmental stage, lack full mental maturity and are therefore more amenable to reform. The Act emphasises care, protection, treatment, education, and social reintegration as core objectives, reflecting the view that juvenile delinquency is often a consequence of socio-economic deprivation, family breakdown, abuse, or neglect rather than inherent criminal intent. Institutions such as Observation Homes, Special Homes, and the role of the Juvenile Justice Board are designed to provide a child-friendly and non-adversarial environment, ensuring that the child’s best interests remain central. This approach aligns with the reformative theory of punishment, which prioritises correction and reintegration over retribution.