A DOCTRINAL ANALYSIS OF THE CONSTITUTIONAL VALIDITY OF THE INCLUSION OF TRANSGENDER PERSONS IN THE OTHER BACKWARD CLASSES CATEGORY: A CASE STUDY OF ASSAM

AUTHOR – PARAKRAM SINGH RATHORE, STUDENT AT CHRIST UNIVERSITY

BEST CITATION – PARAKRAM SINGH RATHORE, A DOCTRINAL ANALYSIS OF THE CONSTITUTIONAL VALIDITY OF THE INCLUSION OF TRANSGENDER PERSONS IN THE OTHER BACKWARD CLASSES CATEGORY: A CASE STUDY OF ASSAM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 564-577, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The inclusion of transgender persons within the ambit of Other Backward Classes (OBC) reservations presents one of the most pressing and unresolved constitutional questions in contemporary Indian law. Following the Supreme Court of India’s landmark decision in National Legal Services Authority v. Union of India (2014), which recognised the third gender as a distinct constitutional category entitled to legal protection, States have been left with the challenge of translating judicial mandate into legislative and executive action. Assam’s decision to include transgender persons in its OBC list constitutes a significant, if doctrinally contested, administrative response to this challenge. This paper undertakes a doctrinal analysis of the constitutional validity of that inclusion, examining it through the lens of Articles 14, 15, 16, 21, and 340 of the Constitution of India, the jurisprudence of social and educational backwardness, the transformative vision of the Transgender Persons (Protection of Rights) Act, 2019, and comparative models of affirmative action. The paper argues that while the inclusion of transgender persons in the OBC category is constitutionally permissible and indeed, compelled by the principle of substantive equality the administrative methodology employed requires rigorous empirical grounding to withstand judicial scrutiny. The paper further situates Assam’s approach within the broader national and international landscape and proposes a normative and institutional framework reconciling reservation jurisprudence with the constitutional recognition of gender identity.^[1]

Keywords: Transgender, OBC Reservation, Constitutional Validity, Assam, NALSA, Substantive Equality, Third Gender, Backwardness, Intersectionality, Affirmative Action

---

^[1] National Legal Services Authority v. Union of India, (2014) 5 SCC 438 (India).

DATA MONOPOLIES IN DIGITAL PLATFORM MARKETS – A DOCTRINAL INQUIRY INTO NON-PRICE HARMS AND REGULATORY GAPS

AUTHOR – ABRAHAM JOSEPH, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY), BANGALORE

BEST CITATION – ABRAHAM JOSEPH, DATA MONOPOLIES IN DIGITAL PLATFORM MARKETS – A DOCTRINAL INQUIRY INTO NON-PRICE HARMS AND REGULATORY GAPS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 554-563, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Digital markets increasingly operate through the accumulation and analysis of large datasets. Firms rely on data to improve algorithms, personalise services, and optimise digital platforms.^[1] These developments have transformed competitive dynamics by introducing strong network effects and data-driven feedback loops.^[2] Such dynamics enable firms to gain market power without necessarily increasing prices, thereby challenging traditional competition law frameworks that rely heavily on price-based indicators of dominance.

This paper examines whether the framework governing abuse of dominance under Section 4 of the Competition Act, 2002 is capable of addressing market power arising from network effects and big data accumulation. Traditional competition law analysis focuses on price increases, supply restrictions, or exclusionary agreements as indicators of anti-competitive conduct.^[3] However, digital platforms often provide services at zero monetary price while monetising user data through targeted advertising and algorithmic optimisation.^[4] Consequently, conventional indicators of consumer harm may fail to capture competitive distortions arising in digital markets.

The research adopts a doctrinal methodology, analysing statutory provisions under the Competition Act along with interpretations by the Competition Commission of India. It further integrates economic literature on network effects and data-driven market power to examine structural characteristics of digital platforms. Academic literature demonstrates that data accumulation can generate entry barriers and reinforce market concentration through self-reinforcing network effects.^[5]

The paper argues that Section 4 is structurally limited in addressing non-price harms arising from data concentration and network effects. The provision was designed for traditional markets where dominance is reflected through price manipulation or explicit exclusionary conduct. Digital platforms, however, often consolidate market power through data advantages and ecosystem lock-in rather than direct pricing strategies.^[6]

The paper concludes that although the Competition Act theoretically applies to digital markets, its enforcement mechanisms require reinterpretation and potentially supplementary regulatory tools capable of recognising data-driven market power and network-based dominance.

Keywords                                                                    Big Data, Network Effects, Digital Platforms, Com 2002, Market Power

---

[1] Garima Gupta, Does Big Data Provide a Competitive Advantage to Firms? An Antitrust Analysis, SSRN (2020).

[2] Inge Graef, Market Definition and Market Power in Data: The Case of Online Platforms, 38 World Competition 473 (2015).

[3] Sumit Jain & Vikrant Singh, Competition in Digital Markets: An Indian Perspective (2024).

[4] Garima Gupta, supra note 1.

[5] Inge Graef, supra note 2.

[6] Id.

CRIMINALISING DISSENT: CRITICAL ANALYSIS OF THE UAPA’S BAIL REGIME AND ITS IMPACT ON CIVIL LIBERTIES

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

BEST CITATION – DIVYANSH JAIN, CRIMINALISING DISSENT: CRITICAL ANALYSIS OF THE UAPA’S BAIL REGIME AND ITS IMPACT ON CIVIL LIBERTIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 539-553, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IBVY7109

ABSTRACT

This research paper critically discusses the Unlawful Activities (Prevention) Act, 1967 (UAPA), and speculates specifically on its bail regime in Section 43D(5)^[1] and its effects on the civil liberties in India. The research methodology utilized in the study is doctrinal legal research by examining the statutory provisions, judicial interpretations, and comparative structures. The results disclose that the restrictive bail clauses of UAPA have completely changed the nature of criminal justice into a system where the absence of bail is the rule and not the exception. The conviction rate of the act, with only 2.4 percent between 2014 and 2020, and 95.4 percent pending trial, has turned the process into a punishment.^[2] The study shows that UAPA has been used in an organized manner to criminalize opposition, attack human rights activists, and curtail legal democratic demonstrations. The paper has come out with a conclusion that UAPA, as it is, does not comply with the basic constitutional principles as outlined in Articles 14, 19, and 21, and that it requires extensive reforms to meet the needs of constitutional safeguards without necessarily jeopardizing the national security interests.

Keywords: Bail jurisprudence, Civil liberties, Constitutional rights, Counter-terrorism legislation, Dissent criminalization, UAPA

---

[1] Unlawful Activities (Prevention) Act, 1967, § 43D(5) (India).

[2] Nat’l Crime Records Bureau, Crime in India 2020: Statistics (Gov’t of India 2021).

“CENTRE‑STATE LEGISLATIVE CONFLICTS IN GST VS. CONCURRENT SUBJECTS”

AUTHOR – ARNAV PARSEWAR, STUDENT AT CHRIST UNIVERSITY, BANGALORE

BEST CITATION – ARNAV PARSEWAR, “CENTRE‑STATE LEGISLATIVE CONFLICTS IN GST VS. CONCURRENT SUBJECTS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 528-538, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The paper investigates the tensions found in the constitution and administration between the uniformized cravings of the Goods and Services Tax (GST) system and legislative distribution of constitutional powers in India, that is, in comparison to State years of authority in such inquiries as taxation and legislative topics. Following a doctrinal approach close study of Article 100-100 and 100-127 of the constitution, legislations, parliamentary database, and judiciary outbursts, the paper tracks the process of introducing Article 246A^[1], and Article 279A^[2] that set up a special GST framework and cooperative federal instrument (the GST Council) by the Hundred and First Amendment (2016). This follows by looking at current judicial responses on especially the Union of India v cases brought to them as a foremost part of the judiciary. Mohit Minerals (based on recommendations on GST council and ocean freight) and State of Telangana v. M/s Tirumala Constructions (on post-GST amendments to the VAT laws) – to find out the shifting balance between the legislative power in Article 246A (simultaneous legislation) or State autonomy. The results indicate that the constitutional structure is expected to harmonize homogeneity with cooperative federalism, although courts have put limits on this score: (Recommendations of the GST Council) have persuasive (not binding) influence, and legislative power by Statute to express its State-competence to amend GST corresponding tax policies after implementation is strongly limited. To lessen repeating frictions between the centre state, the paper supports the idea of clarity of text in the constitution, statutory dispute resolutions, and institutional reforms.^[3]

Keywords- Article 246A, Cooperative federalism, GST council, Repugnancy (legislative conflict), State legislative competence

---

[1] Constitution of India, Art.246A.

[2] Constitution of India, Art.279A.

[3] Goods & Service Tax, CBIC, Government of India :: 101st constitution amendment act, 2016. Available at: https://cbic-gst.gov.in/hindi/constitution-amendment-act.html (Accessed: 26 September 2025).

INTERPRETATION OF “ORDINARY COURSE OF BUSINESS” UNDER SECTION 188 OF THE COMPANIES ACT, 2013

AUTHOR – BHAVANA V HEGDE, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – BHAVANA V HEGDE, INTERPRETATION OF “ORDINARY COURSE OF BUSINESS” UNDER SECTION 188 OF THE COMPANIES ACT, 2013, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 515-527, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The meaning of the term “ordinary course of business” under Section 188 of the Companies Act, 2013, has been a persistent issue of controversy in corporate law scholarship. Section 188, which addresses related party transactions (RPTs), is a significant legislative effort to balance the conflicting goals of business agility and shareholder protection. The law aims to control transactions that would otherwise be vulnerable to conflicts of interest and self-dealing. Still, the wording has provided considerable room for judicial discretion and corporate leeway. This paper situates the phrase within the broader context of corporate governance reforms in India, which over the last two decades have evolved in response to global corporate scandals, domestic failures in transparency, and recommendations from expert committees.

The primary research problem addressed herein is the ambiguity surrounding the term “ordinary course of business” and the inconsistent approaches in its application by companies, regulators, and courts. The research aims to critically analyze the dual tests of arm’s length and ordinary course of business and to examine whether the existing legal framework effectively protects shareholder interests while allowing proper business freedom. Against the backdrop of Indian jurisprudence, comparisons are also drawn with practices in foreign jurisdictions such as the United States, the United Kingdom, and Singapore, to present possible lessons for reform.

Methodologically, the research embraces a comparative and doctrinal methodology. Statutory interpretation, judicial precedents, regulatory reports, and academic scholarship are used to examine the development and interpretation of Section 188.

The preliminary conclusion is that the term “ordinary course of business” should be more clearly defined by statute or regulation, as its vagueness makes effective enforcement impossible. The study advocates a hybrid approach to the problem, blending principle-based guidance with sector-specific explanations to provide both transparency and business realism.

Keywords

Related Party Transactions (RPTs), Ordinary Course of Business, Companies Act, 2013,  Corporate Governance,  Arm’s Length Principle

BODILY AUTONOMY IN COMMON LAW JURISPRUDENCE: A CRITICAL ANALYSIS OF RIGHTS AND STATE INTERVENTION

AUTHOR – VIJAYRAJ, STUDENT AT CHRIST UNIVERSITY, BANGALORE

BEST CITATION – VIJAYRAJ, BODILY AUTONOMY IN COMMON LAW JURISPRUDENCE: A CRITICAL ANALYSIS OF RIGHTS AND STATE INTERVENTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 507-514, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper, titled “Right to Bodily Autonomy a critical study,” explores the complex and often contested concept of bodily autonomy. It analyzes the philosophical foundations of this right, its codification in law, and the contemporary challenges that threaten its application. The research highlights a significant gap between the legal principle of bodily autonomy and its practical realization, noting that its application is inconsistent and frequently subordinated to state interests. The core problem identified is the lack of a coherent and universally applied legal standard for balancing individual autonomy with collective interests like public health and security. The study examines how this right is contested across three main domains: reproductive rights, informed medical consent, and public health mandates. It uses a qualitative, doctrinal legal research methodology, relying on constitutional texts, judicial precedents, and scholarly commentary. The findings reveal that bodily autonomy is a foundational but fragile right, often implicitly recognized in law rather than explicitly codified, making it vulnerable to judicial interpretation and legislative choices. The research also identifies that legal protections are fragmented and conditional, and that judicial application of the principle is selective when weighed against state interests. The paper concludes by proposing a need for comprehensive legal and policy reforms, including the explicit recognition of bodily autonomy as a fundamental right, the codification of proportionality standards, and stronger protections against third-party interference. The ultimate goal is to move from a rhetorical acknowledgment of the right to its genuine protection.

Keywords: consent, liberty, privacy, freedom, independence.

ARTIFICIAL INTELLIGENCE AND COPYRIGHT LAW: RETHINKING AUTHORSHIP IN THE AGE OF GENERATIVE AI

AUTHOR – SAMIKSHA, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY), BANGALORE

BEST CITATION – SAMIKSHA, ARTIFICIAL INTELLIGENCE AND COPYRIGHT LAW: RETHINKING AUTHORSHIP IN THE AGE OF GENERATIVE AI, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 492-506, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The rapid advancement of artificial intelligence (AI) has significantly transformed the creative landscape by enabling machines to generate complex outputs such as text, images, music, and software code. Modern generative AI systems are capable of producing content that closely resembles human creativity, raising important legal questions regarding authorship and ownership of such works. Traditional copyright law was developed on the assumption that creative expression originates from human intellectual effort. However, the increasing capability of AI systems to autonomously generate creative content challenges this foundational principle and exposes gaps within existing legal frameworks. This research examines the legal uncertainty surrounding the ownership of AI-generated works and evaluates whether current copyright laws are capable of addressing these emerging technological developments. The study adopts a doctrinal and analytical legal research methodology, relying on statutory provisions, judicial decisions, academic literature, and policy discussions relating to intellectual property and artificial intelligence. It explores the distinction between AI-assisted works and fully AI-generated works and analyzes the potential claimants to ownership, including AI developers, users, and technology companies. The research also undertakes a comparative analysis of legal approaches in the United States, the United Kingdom, and Australia in order to understand how different jurisdictions address the issue of authorship in the context of AI-generated creativity. The study further discusses broader policy concerns such as innovation incentives, accountability, fair use of training data, and the potential economic impact on human creators. The research concludes that existing copyright frameworks remain largely human-centric and therefore struggle to address works produced autonomously by artificial intelligence. It suggests that a balanced legal framework recognizing AI-assisted works while maintaining human authorship as the central requirement of copyright protection may provide a practical solution for addressing the legal challenges posed by AI-generated creativity.

Keywords: Artificial Intelligence, AI-Generated Works, Copyright Law, Authorship, Intellectual Property, Generative AI, Ownership.

A CRITICAL ANALYSIS ON THE EXISTING LAW –  ISSUES & CHALLENGES IN RECONCILING PERSONAL LAWS WITH THE IDEAL OF   UNIFORM CIVIL CODE IN INDIA

AUTHOR – DIVYA.J* & MR. JINESH M**

* STUDENT AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS) CHENNAI

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS) CHENNAI

BEST CITATION – DIVYA.J & MR. JINESH M, A CRITICAL ANALYSIS ON THE EXISTING LAW –  ISSUES & CHALLENGES IN RECONCILING PERSONAL LAWS WITH THE IDEAL OF   UNIFORM CIVIL CODE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 478-491, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The UCC stands for Uniform Civil Code, and has some of the most controversial and sensitive legal debate in India. India has a pluralistic constitutional system in which each religious community is regulated by its own laws concerning marriage, divorce, inheritance, adoption, and succession. This is a harmonious system to preserve the nation’s culture and religious difference, but also it leads to divergences in the legal rights and equality of persons between people, notably for gender equality. This paper analyzes the relationship of India’s current personal laws with the constitutional intent of a Uniform Civil Code. The Constitution provides for the State to endeavor towards a UCC in Article 44, by balancing against the rights of equality, human dignity and non-discrimination under Articles 14, 15 and 21 and the protection of religious freedom under Article 25. Balancing such principles has become a key concern in reforming personal laws. The research examines top laws in India for communities such as Hindu, Muslim, Christian and Parsi personal laws and secular laws like the and the Special Marriage Act, 1954 wherein religion laws are not the only law. Further analyses are performed on the Law Commission of India recommendations and examples such as the Goa Civil Code, and the recent Uttarakhand Uniform Civil Code Act, 2024 to illustrate how a uniform legal framework can operate. At the same time, there are a number of challenges, such that the implementation of a UCC is found to be challenging. For example, conflicts between equal opportunities versus religious liberty, differences in cultural norms, political sensibilities, gender disparities in some personal laws, little general understanding, and challenges in writing and enacting a codified law. While the research concludes that there could be some potential benefit from imposing a Uniform Civil Code to advance equality for women, gender justice and national unity, and therefore national unity based on uniform civil laws, they can only be effectively realized if their realization is gradual, inclusive and mindful of India’s diverse human society. A holistic approach towards uniformity of the law would be a more responsible move not to seek uniformity right away since it must go hand in hand with constitutional values to provide a path that meets the ultimate ideal of having a Uniform Civil Code in my country.

THE TROJAN HORSE OF EFFICIENCY: RETHINKING JOINT VENTURE REGULATION UNDER INDIAN COMPETITION LAW

AUTHOR – SANA YADAV, STUDENT AT CHRIST UNIVERSITY

BEST CITATION – SANA YADAV, THE TROJAN HORSE OF EFFICIENCY: RETHINKING JOINT VENTURE REGULATION UNDER INDIAN COMPETITION LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 465-477, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/AXRN9416

ABSTRACT

Joint ventures occupy a precarious space between cooperation and collusion. While intended as mechanisms for innovation, risk-sharing, and technological advancement, they can also serve as conduits through which competitors soften rivalry under the guise of efficiency. Indian competition law attempts to navigate this tension through the efficiency proviso to Section 3(3) of the Competition Act, 2002. This paper contends that the proviso, as currently framed and applied, lacks the doctrinal clarity and analytical structure necessary to distinguish genuine economic integration from strategic coordination.

Through a doctrinal analysis informed by competition economics, the paper examines how the absence of a statutory definition of “joint venture,” coupled with the unstructured application of Section 19(3) efficiency factors, has produced a regulatory grey zone. In this space, efficiency claims risk becoming elastic defences rather than carefully bounded exceptions, insulating conduct that imposes immediate and measurable harm on competition. The problem is not the recognition of efficiency per se, but its recognition without thresholds, evidentiary rigour, or temporal limits.

The paper first diagnoses the structural weaknesses of the Indian joint venture regime, focusing on the efficiency proviso, the lack of clear enterprise classification, the indeterminate application of Section 19(3), and the unresolved overlap between Sections 3 and 6. These gaps collectively allow coordinated conduct to masquerade as pro-competitive collaboration. It then reconstructs an analytical framework through comparative insights from European Union and United States jurisprudence, introducing an integration-focused inquiry to distinguish genuine entity creation from mere coordination, and applying the doctrine of ancillary restraints to ensure that restrictions within joint ventures are necessary, proportionate, and demonstrably linked to efficiencies benefiting consumers. Together, these measures provide a coherent, economically grounded approach that aligns innovation with competitive integrity.

The paper concludes that without doctrinal recalibration, the efficiency proviso risks functioning as a Trojan Horse, admitting collusion under the language of collaboration. Anchoring the analysis in integration and indispensability would allow Indian competition law to safeguard innovation while preserving its core commitment to competitive markets.

“CONSTITUTIONAL AND FISCAL VALIDITY OF THE KARNATAKA FIVE GUARANTEE SCHEMES”

AUTHOR – NISHANTH MALLENAHALLI RAJESH, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY) BANGALORE

BEST CITATION – NISHANTH MALLENAHALLI RAJESH, “CONSTITUTIONAL AND FISCAL VALIDITY OF THE KARNATAKA FIVE GUARANTEE SCHEMES”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 455-464, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Five Guarantee Schemes of Karnataka, when initiated under the Congress government in 2023, touted as one of the most ambitious welfare schemes implemented at the state government level in India, were a suite of schemes which sought to guarantee certain financial assistance, free/subsidized public schemes and benefits for millions of beneficiaries. These Schemes i.e., Gruha Lakshmi, Anna Bhagya, Gruha Jyothi, Shakti, and Yuva Nidhi received extensive interest from beneficiaries at a cost of operation exceeding of Rs 52,000 crore as of date1. The current research will investigate the economic and constitutional viability of these schemes on the basis of constitutional principles, directive principles of state policy, limits of borrowing, and fiscal responsibility. The approach followed in this study is doctrinal in terms of analyzing law, and analytical in examining the main objectives. The study will examine five guarantee schemes as reflective of the fundamental constitutional principles, directive principles of state policy overall schemes. The study accords fiscal sustainability and policy is in line with the Fiscal Responsibility and Budget Management framework. The examination asserts these welfare schemes find a degree of constitutional based upon Articles 14, 21, and the Directive Principles of State Policy, yet, pose major

issues with regards to, but not limited fiscal federalism, using up of state borrowing limits under Article 293 and the Fiscal Responsibility and Budget Management frameworks for the States of Karnataka. The research concludes although these welfare schemes appear to be constitutionally acceptable through both a policy perspective of social justice frameworks, their potential use will warrant serious fiscal considerations and structural reform to fiscal

frameworks to be sustainable in without jeopardizing or straining the economic integrity of Karnataka, or falling short its constitutional borrowing limits.

Keywords : Constitutional Validity, Financial Responsibility, Welfare Schemes, Article 293, FRBM Act, Karnataka Guarantees, State Finance