DIGITAL AND CYBER LAW

AUTHOR – NIRANJAN KUMAR YADAV* & ASTHA SRIVASTAVA**

* STUDENT AT AMITY UNIVERSITY, LUCKNOW, UTTAR PRADESH, INDIA

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY, LUCKNOW, UTTAR PRADESH, INDIA

BEST CITATION – NIRANJAN KUMAR YADAV & ASTHA SRIVASTAVA, DIGITAL AND CYBER LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.738-753, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The expansion of digital technology has transformed the way individuals interact, communicate, and conduct business. The rapid increase in internet usage, digital transactions, and online services has led to the emergence of new legal challenges, including cybercrime, data breaches, privacy violations, and digital fraud. As societies increasingly rely on cyberspace, the need for a strong legal framework to regulate online activities has become essential.

This research paper explores the development, scope, and significance of digital and cyber law in India. It examines the evolution of cyber laws, types of cybercrimes, the role of legal institutions, constitutional protections in cyberspace, and emerging technological challenges such as artificial intelligence, cryptocurrency, and data protection. The study also identifies gaps in the current legal system and provides suggestions for strengthening cyber governance in India.

Keywords: Cyber law, cybercrime, digital rights, data protection, internet regulation, privacy, cyber security.

HINDU MARRIAGE: FROM SACRED SACRAMENT TO MODERN SOCIAL CONTRACT

AUTHOR- PRERNA YADAV* & DR. TARU MISHRA**

* STUDENT AT AMITY UNIVERSITY LUCKNOW

** FACULTY AT AMITY UNIVERSITY LUCKNOW

BEST CITATION – PRERNA YADAV & DR. TARU MISHRA, HINDU MARRIAGE: FROM SACRED SACRAMENT TO MODERN SOCIAL CONTRACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.730-737, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Marriage within the Hindu legal framework has traditionally been perceived as a sacred and permanent bond, deeply embedded in religious philosophy, customary practices, and ritual observances. In classical Hindu jurisprudence, marriage was not regarded as a mere civil agreement but as a sacrament (sanskara), symbolizing a spiritual union between two individuals. It was understood as a lifelong commitment aimed at fulfilling religious duties, preserving social order, and ensuring the continuation of family lineage. The emphasis was placed on the moral and spiritual dimensions of the relationship rather than on individual rights or contractual obligations.

However, with the passage of time, significant social changes, legal reforms, and evolving judicial interpretations have gradually transformed the institution of Hindu marriage. Modern developments have reshaped its traditional character, introducing features that resemble a contractual relationship while still preserving its religious foundation. Factors such as increased recognition of individual autonomy, changing social values, and the need to address marital disputes through legal mechanisms have contributed to this transformation.

This research paper seeks to critically examine the conceptual transition of Hindu marriage from its traditional sacramental nature to its present status as a socio-legal institution with contractual attributes. It traces the origins of Hindu marriage through scriptural texts and historical practices, followed by an analysis of legislative developments, particularly the codification of personal laws in the mid-twentieth century. The study also explores how statutory provisions have redefined marital rights and obligations, reflecting the changing needs of society.

Further, the paper analyses important judicial decisions to understand how courts have interpreted marriage in light of constitutional principles such as equality, dignity, and personal liberty. Judicial reasoning demonstrates an effort to strike a balance between respecting religious traditions and ensuring that marriage as an institution aligns with contemporary notions of justice and fairness. Legal concepts such as divorce by mutual consent, restitution of conjugal rights, and maintenance illustrate the gradual incorporation of contractual elements into what was once considered an indissoluble union. The study ultimately argues that Hindu marriage today represents a hybrid institution. While it continues to retain its cultural and religious significance, it simultaneously operates within a modern legal framework that acknowledges individual rights, gender equality, and social transformation. This dual character reflects the dynamic nature of law in adapting traditional institutions to contemporary realities while maintaining their foundational values.

SHARE HOLDER ACTIVISM AND CORPORATE GOVERNANCE REFORMS IN INDIA

AUTHOR- HARSHITA JOSHI* & DR. RESHMA UMAIR**

* B.A LLB, STUDENT AT AMITY UNIVERSITY LUCKNOW

** ASSOCIATE PROFESSOR, AMITY UNIVERSITY LUCKNOW

BEST CITATION – HARSHITA JOSHI & DR. RESHMA UMAIR, SHAREHOLDER ACTIVISM AND CORPORATE GOVERNANCE REFORMS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.725-729, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/FIFG9661

I.                 ABSTRACT

In recent years, shareholder activism has emerged as a significant force influencing corporate governance reforms in India. Traditionally, Indian companies have been characterised by concentrated ownership structures and promoter-driven management, which often limited the role of minority shareholders in corporate decision-making.

However, the increasing presence of institutional investors, enhanced regulatory supervision, and growing awareness among shareholders have contributed to a gradual shift towards greater accountability and transparency within corporate governance frameworks. This paper seeks to examine the evolving role of shareholder activism in strengthening corporate governance practices in India.

The study undertakes a doctrinal and analytical examination of the legal and regulatory framework governing shareholder rights, with specific reference to the Companies Act, 2013 and the regulatory measures introduced by the Securities and Exchange Board of India (SEBI), including the Listing Obligations and Disclosure Requirements Regulations. It analyses the various mechanisms through which shareholder activism operates, such as the exercise of voting rights, submission of shareholder resolutions, engagement with management, reliance on proxy advisory firms, and the use of class action remedies.

The paper also evaluates the contribution of institutional investors and stewardship principles in promoting responsible corporate conduct and protecting investor interests. Despite notable regulatory reforms, the effectiveness of shareholder activism in India continues to be constrained by several challenges, including promoter dominance, limited participation by retail shareholders, procedural complexities, and enforcement deficiencies.

Through an assessment of the Indian experience and a brief comparative analysis with developed jurisdictions, the paper highlights both the progress made and the gaps that remain. The study concludes by proposing legal and policy-oriented recommendations aimed at strengthening shareholder engagement, enhancing minority shareholder protection, and reinforcing corporate governance standards, thereby contributing to sustainable corporate growth and increased investor confidence in the Indian corporate sector.

“THE CONSTITUTIONAL BALANCE BETWEEN THE INSOLVENCY AND BANKRUPTCY CODE (IBC) AND ARTICLE 14: A DOCTRINAL REVIEW”

AUTHOR – SHYLASHREE.S, LLM STUDENT AT VINAYAKA MISSION’S LAW SCHOOL, VINAYAKA MISSIONS RESEARCH FOUNDATION (DEEMED TO BE UNIVERSITY) CHENNAI, TAMIL NADU

BEST CITATION – SHYLASHREE.S, “THE CONSTITUTIONAL BALANCE BETWEEN THE INSOLVENCY AND BANKRUPTCY CODE (IBC) AND ARTICLE 14: A DOCTRINAL REVIEW”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 666-688, APIS – 3920 – 0001 & ISSN – 2583-2344.

CHAPTER 1: INTRODUCTION

1. Introduction to the Research Problem

The Indian Insolvency and Bankruptcy Code (IBC) implicitly intends to change the issue of misallocated capital that has historically caused Non-Performing Assets (NPA) and protracted processes for resolution by establishing reliable credit markets for entrepreneurs, along with a comprehensive mechanism for resolving troubled assets. This will also make the economy better and more dependable for all sectors. Yet, with judicial adjustments to the Code and legislative changes, significant constitutional questions arose at the heart of the Code’s core application, more so with regard to Article 14.

Article 14 lays down the right to equality before the law and prohibits arbitrary, discriminatory, or unreasonable conduct by the state. Certain provisions in the IBC designed with noble purposes of enhancing the economy or for the promotion of egalitar in fair process or providing some elements of prioritising others. Amongst some of the most notable and controversial provisions include Section 29A, which prohibits certain classes of persons (including defaulting promoters) from submitting resolution plans; Section 32A, which exculpates the corporate debtor and its new management from criminal liability arising from past management; along with the 2018 Amendment to Section 7, which added a 10%/100allottees filing threshold on homebuyers raising the procedural barrier to a specific class of financi ianism have come under fire for potentially creating unequal classifications or diluting principles al creditors.

Judicial decisions in cases like Swiss Ribbons v. Union of India, Committee of Creditors of Essar Steel v. Satish Kumar Gupta, and Manish Kumar v. Union of India have upheld the constitutionality of most provisions, but not without identifying gaps, tensions, and unresolved doctrinal inconsistencies. The courts in India have sought to reconcile the constitutional dictates with considerations of economic policy in these types of cases. A common approach used by the courts in these cases is often referred to as the doctrine of “deference to economic legislation.

In this context, the doctrinal inquiry will include an analysis of whether these provisions have passed (or could pass) the tests set out in Article 14 for reasonable classification, non-arbitrariness, and proportionality. The doctrinal analysis will determine the constitutional basis for these provisions, the impact on the affected parties, and their implications for insolvency law and economic governance in India in the broader sense. Although sections 32A and 29A of the IBC may have various other constitutional issues, this doctrinal work confines its analysis to the over- inclusive disqualification under section 29A, immunity vs accountability under section 32A and the issue of home buyer threshold, considering the points of maximum constitutional friction and its direct impact on the stakeholders, where courts heavily rely on economic deference. Also, article 14 is more rigorous in the place where a legislation creates exclusion, avails immunity and places a restriction on access to remedies. On the other hand, this delimitation is adopted to maintain doctrinal depth and to assess how judicial deference operates at times when IBC mostly directly intersects with equality-based constitutional review.

THE RIGHT TO KNOW IN ELECTORAL DEMOCRACY: PUBLIC DISCLOSURE AND FREE AND FAIR ELECTIONS UNDER THE INDIAN CONSTITUTION

AUTHOR – PROF. DR. R. THANGA RAMANI, PRINCIPAL AT GOVERNMENT LAW COLLEGE, CHENGALPATTU

BEST CITATION – PROF. DR. R. THANGA RAMANI, THE RIGHT TO KNOW IN ELECTORAL DEMOCRACY: PUBLIC DISCLOSURE AND FREE AND FAIR ELECTIONS UNDER THE INDIAN CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 647-652, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/TFHG3510

ABSTRACT

Free and fair elections constitute the bedrock of constitutional democracy in India. The legitimacy of representative governance depends not merely on the formal act of voting, but on the ability of voters to make informed choices. In this context, the right to know—particularly the right of citizens to access information relating to candidates, political parties and electoral processes—has emerged as a vital facet of the freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution of India. Over the past two decades, the Supreme Court of India has played a transformative role in constitutionalising the right to electoral information, linking it intrinsically with democratic participation, transparency, and accountability. This paper undertakes a comprehensive analysis of the constitutional foundations, judicial evolution, statutory framework, and contemporary challenges surrounding public disclosure in the Indian electoral system. It critically examines landmark judgments such as Association for Democratic Reforms v. Union of India, People’s Union for Civil Liberties v. Union of India, and subsequent cases that have expanded and, at times, constrained the scope of electoral transparency. The paper also analyses legislative responses, including amendments to the Representation of the People Act, 1951, the Right to Information Act, 2005, and the introduction of electoral bonds. By situating the Indian experience within broader democratic theory, this study argues that meaningful public disclosure is indispensable for ensuring free and fair elections, and that any dilution of the right to know poses serious risks to constitutional democracy.

Keywords:Right to Know, Free and Fair Elections, Article 19(1)(a), Electoral Transparency, Public Disclosure, Indian Constitution

RIGHTS-FIRST VS. ECONOMY-FIRST: A COMPARATIVE ANALYSIS OF THE GDPR AND INDIA’S DPDP ACT

AUTHOR – NIHARIKA JAISWAL* & DR. KAVYA CHANDEL**

*  LLM (CYBER LAW AND CYBER SECURITY), AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS

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

BEST CITATION – NIHARIKA JAISWAL & DR. KAVYA CHANDEL, RIGHTS-FIRST VS. ECONOMY-FIRST: A COMPARATIVE ANALYSIS OF THE GDPR AND INDIA’S DPDP ACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 641-646, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The global architecture of data privacy governance stands at a turning point. For nearly a decade, it has been shaped by the “Brussels Effect” of the European Union’s GDPR. However, India’s Digital Personal Data Protection Act, 2023 (DPDP Act) introduces a distinct, development-oriented paradigm that prioritizes economic growth and digital innovation over a strict rights-based framework. This paper comparatively analyses these two models, arguing that while the GDPR operates as a robust “shield” safeguarding individual dignity and autonomy, the DPDP Act functions as a flexible “umbrella” framework designed to facilitate ease of business and technological expansion.

The study highlights key structural divergences. Unlike the GDPR’s technology-neutral scope, the DPDP Act applies only to digital personal data, excluding physical records. It also reflects a dilution of certain core data subject rights, such as data portability, the right to object to processing, and safeguards against automated decision-making. Furthermore, while the GDPR imposes turnover-based penalties, India adopts fixed penalty caps, offering regulatory predictability. Ultimately, India’s economy-first approach promotes growth but raises concerns about long-term citizen protection.

Keywords: GDPR, DPDP Act, Data Privacy, Digital Economy, Cross-Border Data Flows, Brussels Effect, Privacy Rights.

FROM DISPLACEMENT TO DIGNITY: CLIMATE-INDUCED MIGRATION AND ARTICLE 21

AUTHOR – SANA SANJEEV, STUDENT AT HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR

BEST CITATION – SANA SANJEEV, FROM DISPLACEMENT TO DIGNITY: CLIMATE-INDUCED MIGRATION AND ARTICLE 21, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 636-640, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION: CLIMATE DISPLACEMENT AND THE CRISIS OF LEGAL RECOGNITION

Migration, as per the international organization for migration (IOM), is the relocation of individuals away from their primary residence, either internally or across borders, for temporary or permanent periods. Extending this, the UN Framework Convention on Climate Change (UNFCCC) recognizes ‘migrant’ as anyone residing outside their place of origin prolonging beyond three months period. Such migrations may be voluntary, guided by desire for education, work, or better livelihoods or involuntary, commonly forced by environmental disasters or escalating socio-economic conditions. In vulnerable regions of the developing world, climate change has become a major determinant behind growing patterns of internal and cross border displacement.¹ Weather related disasters independently triggered 250 million internal displacements all over the world over the past 10 years, which is equal to over 67,000 displacements each day.² Migration caused by climate effects can be classified by the speed of onset. Sudden-onset displacement manifests from calamities such as hurricanes, floods, or cyclones, which are strongly associated to climate change, these are primarily involuntary and shaped by intense hardships. The 2018 Kerala floods, cyclone Amphan in 2020, and the 2024 Wayanad landslides which displaced hundreds of people,³ are illustrative examples. Slow-onset displacement, in distinction, occurs slowly due to variables like drought, soil erosion, or rising sea levels that threaten survival. The Sundarbans delta in West Bengal illustrates this, where coastal land erosion and salinisation have pushed people to move in search of secure livelihoods.⁴

THE ROLE OF HABEAS CORPUS IN HUMAN RIGHTS PROTECTION: AN INTERNATIONAL EVALUATION OF PREVENTIVE DETENTION LAWS AND APPLICATION OF HABEAS CORPUS

AUTHOR – SAM S SIRYON, BA. LL. B HONORS, APEEJAY STYA UNIVERSITY SCHOOL OF LEGAL STUDIES

BEST CITATION – SAM S SIRYON, THE ROLE OF HABEAS CORPUS IN HUMAN RIGHTS PROTECTION: AN INTERNATIONAL EVALUATION OF PREVENTIVE DETENTION LAWS AND APPLICATION OF HABEAS CORPUS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 628-635, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In this contemporary era where politics has proven to influence the enjoyment of human rights and personal liberty, as political decisions often defines the extent of individual freedoms, such includes freedom of speech, assembly, and movement. Politics, though have a positive impact in framing laws and regulations that safeguard rights, it also has significant adverse impact on human rights and persona liberty, primarily by concentration state power, eroding democratic institutions, and enabling discriminatory and repressive policies. It is however, no doubt that politics suppresses civil liberties where political actions often justified under the guise of national security can lead to suppression of dissent, censorship of the media and internet, and the prohibition of peaceful assembly and protest. The use of draconian preventive detention laws allows for the arbitrary arrest and prolonged detention of political and social justice activists, journalists and perceived opponents which creates a climate of fear thereby silencing criticism. Preventive detention is often politically influenced and could be used as a tool for suppressing political dissent and opposition, rather than being solely used for the stated purpose of maintaining public order and national security. This subjective nature of the power and the lack of robust judicial oversight makes it prone to abuse by the executive branch. In as much as these preventive detention laws often use vague and broad definitions of terms like ‘public order’ or ‘national security’ or ‘anti-social activities’, gives the detaining authorities significant discretion and allows authorities to act on political motives rather than objective evidence of an imminent threat. The framework of preventive detention concentrates significant powers in the hand of the executive including the district magistrates and police commissioners to issue detention orders based on their subjective satisfactions. This undermines the separation of powers and the rule of law in any given democracies, especially when the judiciary defers to the executives claims of national security.

Keywords Preventive detention laws, Writ of Habeas Corpus, Human Rights Enforcement

LEGAL ISSUES IN BLOCK-CHAIN BASED CORPORATE GOVERNANCE: SMART CONTRACTS, VOTING, AND TRANSPARENCY

AUTHOR – MUSKAN JAJOO & JENNIFER NENGNEIVAH HAOKIP

STUDENTS AT HIDAYATULLAH NATIONAL LAW UNIVERSITY

BEST CITATION – MUSKAN JAJOO & JENNIFER NENGNEIVAH HAOKIP, LEGAL ISSUES IN BLOCK-CHAIN BASED CORPORATE GOVERNANCE: SMART CONTRACTS, VOTING, AND TRANSPARENCY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 619-627, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Blockchain technology, which first emerged in connection with Bitcoin, has now begun to influence the internal structures of corporations. The promise of the technology lies in its ability to record transactions in a tamper-resistant and decentralized ledger. Scholars such as Yermack have argued that this development could alter long-standing features of corporate governance, particularly in relation to ownership records and voting procedures.^[1] What was once the domain of registrars and centralized depositories is now being reconsidered through distributed systems.

At the same time, the legal consequences of this transition remain unsettled. Smart contracts like self-executing code that purports to embody contractual commitments have been promoted as a mechanism for automating shareholder agreements and even aspects of board decision-making. Yet, as Werbach and Cornell point out, the enforceability of such code under ordinary contract principles is far from certain.^[2] Questions of consent, mistake, interpretation, and judicial remedy cannot be easily translated into binary instructions. Similarly, the immutability of blockchain raises tensions with regimes such as the EU’s General Data Protection Regulation, which insists on erasure rights. Corporate law has always relied on flexibility and judicial interpretation. The rigidity of blockchain systems may therefore be in conflict with established doctrines of equity and fiduciary responsibility. Jurisdictions have responded unevenly: Delaware has amended its General Corporation Law to recognise the maintenance of corporate records on distributed ledgers,^[3] while the European Union has preferred to focus on shareholder rights and transparency. In India, the Securities and Exchange Board has emphasised electronic voting for listed companies. The comparative divergence illustrates that blockchain’s role in governance will depend not only on technology but also on regulatory adaptation.

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[1] David Yermack, Corporate Governance and Blockchains, 21 Rev. Fin. 7 (2017).

[2] Kevin Werbach & Nicolas Cornell, Contracts Ex Machina, 67 Duke L.J. 313 (2017).

[3] Del. Code Ann. tit. 8, 219(c) (2017 amendment recognising blockchain stock ledgers).

COMPARABILITY ANALYSIS AND THE ARM’S LENGTH STANDARD: EMERGING ISSUES IN INDIAN TRANSFER PRICING LAW

AUTHOR – VIGNESH* & PURNIMA TYAGI**

* LAW STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN

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

BEST CITATION – VIGNESH & PURNIMA TYAGI, COMPARABILITY ANALYSIS AND THE ARM’S LENGTH STANDARD: EMERGING ISSUES IN INDIAN TRANSFER PRICING LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 613-618, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The comparability analysis is one of the key pillars of the arm-length principle and can be seen as the major tool of the identification of whether international transactions between associated enterprises are being conducted at market-based prices. In the Indian transfer-pricing regime, the comparability analysis has gained crucial significance because of the growth of the cross-border transactions, the development of the digital economy and the increased attention of tax authorities. Despite the elaborate statutory propinquity in the Income-Tax Act, 1961, along with new rules of addition to it, the practical application of comparability standards has yet to be made, a path of great difficulty. They include the choice of appropriate comparators, the accessibility and trustworthiness of data, the use of quantitative and qualitative filters and too much discretionary latitude used by Transfer Pricing Officers.

This paper is the critical analysis of the new concerns in comparability analysis in India especially its application in the determination of the arm-length price. It examines the provisions of the law, administrative adjudication and emerging judicial interpretations with a view to enlighten discrepancies and regions of misnegeny. The paper also analyses how Indian practice is impacting on the OECD Transfer Pricing Guidelines and the post-BEPS developments. Through the evaluation of the recent litigation and dispute resolution trends, the article holds that a more principled, consistent, and taxpayer-friendly approach to comparability analysis, to strike a balance between revenue interests and commercial realities and international standards, could be found.

KEYWORDS: Transfer Pricing; Arm-Length Principle; Comparability Analysis; FAR Analysis; OECD Guidelines; Indian Tax Law; International Transactions; Transfer of Pricing Litigation.