THE MEDIATION ACT, 2023 — A WATERSHED IN ADR: A DOCTRINAL AND COMPARATIVE ANALYSIS

AUTHOR – KAVYA JOHAR, MUCHUKUND & HARSHRAJ CHOUHAN,

STUDENTS AT NATIONAL LAW INSTITUTE UNIVERSITY

BEST CITATION – KAVYA JOHAR, MUCHUKUND & HARSHRAJ CHOUHAN, THE MEDIATION ACT, 2023 — A WATERSHED IN ADR: A DOCTRINAL AND COMPARATIVE ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.1013-1025, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Mediation Act, 2023 represents the first comprehensive legislative framework exclusively governing mediation in India. While mediation had previously operated under fragmented statutory provisions — notably Section 89 of the Code of Civil Procedure 1908^[1], Section 12A of the Commercial Courts Act 2015^[2], and judicially framed mediation rules  the absence of a unified statutory regime led to inconsistencies in enforceability, confidentiality, accreditation, and institutional regulation. This paper undertakes a doctrinal analysis of the Mediation Act, 2023 and evaluates whether it constitutes a transformative reform in Indian dispute resolution law. It argues that the Act significantly restructures mediation by institutionalising pre-litigation mediation, codifying confidentiality protections, granting decree-like enforceability to mediated settlements, and establishing a regulatory authority in the form of the Mediation Council of India. However, the paper also contends that certain structural tensions persist, particularly regarding voluntariness in mandatory mediation frameworks, constitutional access to justice concerns, and institutional capacity challenges. By situating the Indian statute within comparative doctrinal frameworks from Singapore, the United Kingdom, and Australia, the paper concludes that the Mediation Act, 2023 is indeed a watershed moment, but its long-term normative success depends upon judicial interpretation and institutional fidelity to party autonomy.

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[1] Code of Civil Procedure 1908

[2] Commercial Courts Act 2015, s 12A

JUDICIAL REVIEW OF ADMINISTRATIVE DISCRETION IN THE AGE OF ARTIFICIAL INTELLIGENCE: RE-EXAMINING WEDNESBURY UNREASONABLENESS AND PROPORTIONALITY IN INDIA

AUTHORS – CHETAN ASHKE*, NANDINI BHILALA* & SHYAMINEE SOLANKI**
* FOURTH YEAR, B.A. LL.B.
** THIRD YEAR B.S.C.LLB

STUDENTS AT NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL

BEST CITATION – CHETAN ASHKE, NANDINI BHILALA & SHYAMINEE SOLANKI, JUDICIAL REVIEW OF ADMINISTRATIVE DISCRETION IN THE AGE OF ARTIFICIAL INTELLIGENCE: RE-EXAMINING WEDNESBURY UNREASONABLENESS AND PROPORTIONALITY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.1008-1012, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The increasing deployment of artificial intelligence in governance has transformed the nature of administrative discretion. Traditional doctrines of judicial review—particularly Wednesbury unreasonableness and proportionality—were developed in an era of human decision-making. This paper examines whether these doctrines remain normatively and constitutionally adequate to regulate algorithmic governance in India. It argues that while Wednesbury irrationality embodies excessive judicial deference ill-suited for opaque algorithmic systems, proportionality—anchored in Articles 14 and 21—offers a more structured and rights-oriented framework. However, proportionality itself must be recalibrated to include transparency, explainability, auditability and human accountability. The paper proposes an “Algorithmic Reasonableness Standard” to constitutionalise digital governance and preserve the Rule of Law in the age of AI.

PREDATORY PRICING AND ABUSE OF DOMINANCE: A CRITICAL ANALYSIS OF RELIANCE JIO’S MARKET ENTRY UNDER SECTION 4 OF THE COMPETITION ACT, 2002

AUTHORS – JATIN MEENA, HARSHRAJ CHOUHAN & KAVYA JOHAR

STUDENTS AT NATIONAL LAW INSTITUTE UNIVERSITY

BEST CITATION – JATIN MEENA, HARSHRAJ CHOUHAN & KAVYA JOHAR, PREDATORY PRICING AND ABUSE OF DOMINANCE: A CRITICAL ANALYSIS OF RELIANCE JIO’S MARKET ENTRY UNDER SECTION 4 OF THE COMPETITION ACT, 2002, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.998-1007, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The entry of Reliance Jio Infocom Ltd into the Indian telecommunications market in 2016 marked one of the most disruptive episodes in the history of Indian competition law. Through prolonged free voice services, heavily subsidised data offerings, and aggressive customer acquisition strategies, Jio rapidly acquired substantial market share, triggering allegations of predatory pricing by incumbent telecom operators. Complaints were filed before the Competition Commission of India (CCI), alleging violation of Section 4 of the Competition Act, 2002, particularly predatory pricing under Section 4(2)(a)(ii). The CCI dismissed the allegations, holding that Jio was not dominant in the relevant market at the time of its entry and therefore could not be guilty of abuse. This paper undertakes a doctrinal and economic analysis of predatory pricing under Indian competition law and critically evaluates the reasoning adopted by the CCI in assessing Jio’s conduct. By examining statutory provisions, jurisprudence, economic theory, and comparative international standards, the paper argues that while the CCI’s formal conclusion may be legally defensible under the dominance-first framework of Section 4, the Jio episode exposes structural limitations in India’s ex post abuse-based model when confronted with disruptive, capital-intensive market entry strategies in network industries. The paper concludes that predatory pricing doctrine in India requires conceptual refinement to address modern telecom and digital platform markets without undermining pro-competitive market entry.

CRIME SCENE MANAGEMENT IN CRIMINAL INVESTIGATION

AUTHORS – ARTHI V* & SUGITH KUMAR R G**

* STUDENT AT THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, SOEL

** ASSISTANT PROFESSOR AT THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, SOEL

BEST CITATION – ARTHI V & SUGITH KUMAR R G, CRIME SCENE MANAGEMENT IN CRIMINAL INVESTIGATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.915-920, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION:

       Identifying, recording, and gathering physical and biological evidence at the crime scene is the aim of crime scene investigation. Because the case being investigated must be presented in court, this process must be carried out carefully and thoughtfully. Piecing together the facts to create a picture of what happened at the crime site will be essential to solving the crime. Securing the crime scene, taking pictures, doing a thorough search, documenting the scene methodically, and appropriately gathering, packing, preserving, and transporting all of the evidence found at a particular crime scene are all part of crime scene investigation. Most of the time, whether or not physical evidence will be used to solve or prosecute crimes depends heavily on the investigating officer who guards and investigates a crime scene^[1].

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^[1] https://dfs.nic.in – Standard Operating Procedures For Crime Scene Investigation

A CRITICAL STUDY ON THE EFFECTIVENESS OF THE PREVENTION OF MONEY LAUNDERING ACT IN INDIA

AUTHORS – A.P.ARTHIYA & E.RITHIKA SIVA SAKTHI

STUDENTS AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS), SAVEETHA UNIVERSITY, CHENNAI-77

BEST CITATION – A.P.ARTHIYA & E.RITHIKA SIVA SAKTHI, A CRITICAL STUDY ON THE EFFECTIVENESS OF THE PREVENTION OF MONEY LAUNDERING ACT IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.921-930, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/XMPI6249

ABSTRACT

The Prevention of Money Laundering Act (PMLA), 2002 is a cornerstone of India’s legal framework to combat financial crimes, ensure economic stability, and curb illicit financial flows. The Act criminalizes the processing of proceeds derived from criminal activities, empowers authorities to attach and confiscate property obtained illegally, and aligns India with global anti-money laundering standards, including United Nations conventions and Financial Action Task Force (FATF) recommendations.

This study examines the effectiveness of the PMLA in controlling money laundering activities, its impact on financial institutions, and the efficiency of enforcement agencies, notably the Enforcement Directorate (ED) and the Financial Intelligence Unit-India (FIU-IND). Primary data from 210 respondents and secondary sources, including government reports, academic literature, and judicial decisions, were analyzed to assess public awareness, the role of banks and non-banking financial companies, and challenges to enforcement.

Independent variables included demographic factors such as age, gender, occupation, education, and place of residence, while dependent variables encompassed awareness of the PMLA, perception of factors facilitating money laundering, and recognition of white-collar crimes. Statistical tools like pie charts, bar diagrams, and chi-square analysis were applied to interpret the findings.

The study reveals that the PMLA has strengthened India’s regulatory framework, yet its effectiveness is constrained by judicial delays, sophisticated laundering techniques, and limited public awareness. Recent judgments, including the Supreme Court’s emphasis on procedural safeguards in bail under PMLA and the Delhi High Court’s ruling on attachment of ancestral property, underscore the Act’s evolving judicial interpretation.

Recommendations include adopting advanced technologies such as blockchain and AI, enhancing KYC and AML compliance, conducting public awareness campaigns, and streamlining judicial processes. Such measures are critical for India to effectively prevent money laundering and maintain financial transparency in a rapidly digitizing economy.

Keywords: Prevention of Money Laundering Act, Enforcement Directorate, White-Collar Crimes, Financial Institutions, AML Compliance

FROM RIGHT TO REALITY: ENFORCEMENT FAILURES IN INDIA’S CONSTITUTIONAL RIGHT TO CLEAN ENVIRONMENT

AUTHORS – E.RITHIKA SIVA SAKTHI & A.P.ARTHIYA

STUDENTS AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS), SAVEETHA UNIVERSITY, CHENNAI-77

BEST CITATION – E.RITHIKA SIVA SAKTHI & A.P.ARTHIYA, FROM RIGHT TO REALITY: ENFORCEMENT FAILURES IN INDIA’S CONSTITUTIONAL RIGHT TO CLEAN ENVIRONMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.931-940, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Environmental protection in India has evolved from a policy objective into a constitutional imperative through judicial interpretation of the right to life under Article 21 of the Constitution. Over the past four decades, the Indian judiciary has recognized the right to a clean and healthy environment as an essential component of human dignity, public health, and sustainable development. Despite this strong constitutional foundation and a comprehensive statutory framework designed to prevent and control pollution, environmental degradation continues to threaten ecological balance and human well-being. This paradox exposes a persistent gap between legal guarantees and environmental reality.

This paper critically examines the enforcement failures that undermine India’s constitutional commitment to environmental protection. It traces the evolution of constitutional environmentalism and analyses the expansion of environmental rights through public interest litigation and judicial activism. The study evaluates statutory mechanisms and regulatory institutions responsible for pollution control and identifies key challenges including weak monitoring capacity, institutional fragmentation, procedural dilution in environmental impact assessments, lack of transparency, and inadequate accountability for industrial violations.

The paper further explores the role of judicial intervention in shaping environmental governance, highlighting landmark decisions that introduced principles such as sustainable development, the precautionary principle, absolute liability, and the polluter pays principle. However, excessive reliance on judicial remedies reveals systemic administrative weaknesses and ineffective regulatory enforcement.

Drawing comparative insights from environmental enforcement regimes in the United States and the United Kingdom, the paper emphasizes the importance of transparency, technological monitoring, public participation, and strong compliance systems. It concludes that India’s environmental crisis stems not from legal inadequacy but from implementation failure. Strengthening institutional capacity, enhancing accountability, and integrating sustainable governance practices are essential to realizing environmental justice and ensuring ecological sustainability for present and future generations.

Keywords:

Constitutional Environmentalism, Environmental Rights, Judicial Activism, Environmental Enforcement Failure, Sustainable Development

BEST INTEREST OF THE CHILD DOCTRINE IN INDIAN COURTS: INTERPRETATION, APPLICATION AND GAPS

AUTHORS – DR. JYOTI YADAV* & ANURAG TRIPATHI**

* PROFESSOR AT AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** STUDENT AT AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – DR. JYOTI YADAV & ANURAG TRIPATHI, BEST INTEREST OF THE CHILD DOCTRINE IN INDIAN COURTS: INTERPRETATION, APPLICATION AND GAPS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.941-955, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The doctrine of the “Best Interest of the Child” constitutes the foundational principle governing child custody adjudication in India. Rooted in statutory mandates and strengthened through constitutional interpretation, the doctrine prioritizes the welfare of the child over parental rights and personal law presumptions. This research critically examines the interpretation, application, and structural gaps in the implementation of the welfare principle by Indian courts. Through a doctrinal analysis of legislative provisions such as the Guardians and Wards Act, 1890 and the Hindu Minority and Guardianship Act, 1956, along with landmark judicial precedents, the study explores how courts have expanded the meaning of welfare to include emotional, psychological, moral, and developmental dimensions.

The paper identifies that while Indian courts consistently declare child welfare as paramount, the absence of a precise statutory definition results in wide judicial discretion. Although flexibility allows contextual adjudication, it also generates inconsistencies and unpredictability in custody outcomes. The study further highlights systemic challenges including gender presumptions, lack of mandatory expert involvement, procedural delays, and limited institutional recognition of shared parenting frameworks. By examining recurring judicial factors—such as emotional bonding, financial capacity, child preference, and educational continuity—the research underscores the need for structured evaluative guidelines.

The paper concludes that while the doctrine reflects progressive child-centric jurisprudence aligned with constitutional values and international child rights standards, reforms are necessary to ensure uniformity, objectivity, and procedural efficiency. Recommendations include statutory clarification of welfare criteria, institutionalization of custody evaluation mechanisms, strengthening the child’s participatory rights, and promoting structured shared parenting models.

Keywords:

Best Interest of the Child, Child Custody Law, Welfare Principle, Guardianship, Judicial Discretion, Family Courts, Child Rights, Shared Parenting, Indian Family Law, Custody Reform

RELIGIOUS TOURISM IN PROTECTED AREAS AND ECO SENSTIVE ZONES (ESZ) AND THE MANAGEMENT OF PILGRIMAGE PRESSURE

AUTHOR – SIFAT FAREED* & DR. NIKUNJ SINGH YADAV**

* LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – SIFAT FAREED & DR. NIKUNJ SINGH YADAV, RELIGIOUS TOURISM IN PROTECTED AREAS AND ECO SENSTIVE ZONES (ESZ) AND THE MANAGEMENT OF PILGRIMAGE PRESSURE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.956-965, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/POTF7531

INTRODUCTION

Religious sites in India often coincide with ecological areas due to our reverence for nature. Many of the country’s most significant pilgrimages are located within or nearby forests, mountains, rivers, and wildlife habitats which are ecologically very sensitive. Shrines such as Kedarnath in Uttarakhand and Sabarimala Temple in Kerala, are examples of pilgrimages located within natural ecological environment. These religious sites receive millions of pilgrims every year, creating a huge but seasonal pressure of people on the ecosystem, which is otherwise classified for conservation and ecological protection.^[1]

The ecological results of large scale pilgrimage in such areas are complex and profound. Large number of pilgrim footfall generates huge amounts of solid waste, including plastic, food waste, and non-biodegradable offerings.^[2] This issue becomes more serious in mountainous areas and core areas in forests, as the infrastructure for waste disposal is generally inadequate, resulting in the piling up of waste in rivers, forests, and mountainous areas. In addition, the development of infrastructure for pilgrim centers like roads, hotels, sanitation facilities, and transport networks can cause deforestation, soil erosion, and fragmentation of habitat.^[3] The entry and movement of large numbers of people and vehicles in wildlife habitats can also disturb the migration patterns of animals and threaten the objectives of biodiversity conservation.

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[1] Editorial, “Faith can’t Protect Crumbling Infra” The Economic Times, Aug. 28, 2025, available at  <  Faith can’t protect crumbling infra – The Economic Times > (last visited on Feb. 2, 2026). 

[2]Himanshu Upadhyaya, “Sabarimala waste, power management threatens Periyar Tiger Reserve: CAG” Down To Earth, Feb. 13, 2019, available at <Sabarimala waste, power management threatens Periyar Tiger Reserve: CAG> (last visited on Jan. 31, 2026).

[3] Shivani Azad, “SC panel members warn Char Dham road plan could spell disaster in fragile Bhagirthi zone” The Economic Times, Aug. 13, 2025, available at <https://infra.economictimes.indiatimes.com/news/roads-highways/experts-warn-of-disaster-from-char-dham-road-widening-in-fragile-himalayan-zone/123272984> (last visited on Jan. 27, 2026).

A CRITICAL ANALYSIS OF DEEPFAKE PERSONALITIES AND VOICE CLONING: LEGAL CHALLENGES AND REGULATORY GAPS IN INDIA UNDER THE BACKDROP OF ARTIFICIAL INTELLIGENCE

AUTHOR – SIMMI PRAKASH* & DR. NIKUNJ SINGH YADAV**

* LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – SIMMI PRAKASH & DR. NIKUNJ SINGH YADAV, A CRITICAL ANALYSIS OF DEEPFAKE PERSONALITIES AND VOICE CLONING: LEGAL CHALLENGES AND REGULATORY GAPS IN INDIA UNDER THE BACKDROP OF ARTIFICIAL INTELLIGENCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.966-972, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/JIAW2275

1. Abstract

The sudden explosion in the development of artificial intelligence has led to the development of deepfakes as well as voice cloning technology that can reproduce the face, voice and behavioural qualities of an individual with a high degree of realism. While use of these technologies has legitimate applications, the misuse of these technologies has led to identity theft, reputational damage, non-consensual explicit content and sophisticated financial fraud. In India, the lack of a separate statutory framework for regulation of synthetic media has led to serious regulatory gaps as dependence is on scattered provisions of the Information Technology Act, the Indian Penal Code and the evolving data protection norms. 1

This paper adopts a doctrinal research methodology on the basis of statutes, judicial precedents, policy reports and academic literature to analyze the legal implications of deepfake personalities and voice cloning. It assesses how far there is any adequacy within the current Indian legislation in tackling the issues related to violation of right of privacy, personality rights, defamation and impersonation, failures in existence of enforcement structural loopholes and accountability in platforms.2

The study finds that existing legal remedies are reactive and technologically deficient, especially in relation to consent, harm in real time and cross-platform dissemination of harm. In popular culture Voice cloning creates even more risks as it facilitates targeted impersonation and financial trickery that prey on trust relationships.3 In this context the public health legal advocacy piece calls for a specialised legal framework which recognises facial likeness and voice as protected attributes, including a requirement to disclose AI-generated content and incorporate criminal offence against malicious synthetic media. Such regulation is necessary to protect the constitutional right to privacy, dignity and reputation in a balance with innovation and free expression.

FROM TOR TO TRIAL: EVIDENTIARY CHALLENGES IN PROSECUTING DARK WEB CRIMES UNDER INDIAN CRIMINAL LAW

AUTHORS – SANSKRITI SHUKLA* & DR. SHAIWALINI SINGH**

* STUDENT AT AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – SANSKRITI SHUKLA & DR. SHAIWALINI SINGH, FROM TOR TO TRIAL: EVIDENTIARY CHALLENGES IN PROSECUTING DARK WEB CRIMES UNDER INDIAN CRIMINAL LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.973-983, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The Dark Web has grown at such a rapid pace that it has created new and unprecedented challenges for modern law enforcement agencies and criminal justice systems around the world. The Dark Web is characterized by its anonymity, encryption, and decentralized architecture and facilitates a wide range of criminal activities, such as drug trafficking, cyber fraud, terrorism financing, human trafficking, and the dissemination of illegal digital content. In the Indian scenario, although the existing cyber laws and criminal legislations attempt to regulate online delinquency, their ability to deal with crimes that originate from anonymized networks such as Tor is limited. Lawyers, investigators, and prosecutors face significant challenges in identifying the culprits, linking digital identities, and making electronic evidence admissible in courts.

This research paper critically analyzes the evidentiary complexities associated with the prosecution of crimes committed on the Dark Web in the context of Indian criminal law. It assesses the ability of the existing legal framework, specifically the Information Technology Act of 2000, the Indian Penal Code of 1860, and the Indian Evidence Act of 1872, to deal with encrypted digital evidence and international cyber crimes. It focuses on the procedural complexities, including the requirements of Section 65B of the Evidence Act, the chain of custody, jurisdictional conflicts, and the limitations of cyber forensic facilities.

In addition, the paper explores the conflict between law enforcement and the protection of constitutional rights, specifically the right to privacy and due process. By referring to judicial pronouncements, international best practices, and the latest technological developments, the paper suggests legal and institutional reforms to enhance the Indian cybercrime prosecution framework. It argues that a harmonious blend of technological development, procedural flexibility, and constitutional protection is required to ensure that the criminal justice system is effective and rights-respecting in countering the Dark Web threat.

Keywords

Dark Web, Tor Network, Indian Criminal Law, Digital Evidence, Cyber Forensics, Indian Evidence Act, Information Technology Act