LEGAL RECOGNITION THROUGH CONSTITUTIONAL INTERPRETATION OF GIG WORK

AUTHOR – RUCHI RAO, STUDENT AT GURU GHASIDAS CENTRAL UNIVERSITY OF CHHATTISGARH

BEST CITATION – RUCHI RAO, LEGAL RECOGNITION THROUGH CONSTITUTIONAL INTERPRETATION OF GIG WORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 355-360, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/ZFPM6635

The law is not an end in itself, but a means to an end — justice.” — Roscoe Pound^[1] The nature of work in the digital economy has changed significantly with the rise of gig and platform-based employment. Unlike traditional forms of employment, gig work is largely based on short-term tasks and flexible arrangements, usually managed through digital platforms. Because these workers do not fall within the traditional employer–employee relationship, they have largely remained outside the protection of labour laws in India. This exclusion has created a vulnerable position for gig workers, particularly in relation to job security, income stability, and access to social security benefits.

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[1] Roscoe Pound, An Introduction to the Philosophy of Law 137 (Yale Univ. Press 1922).

SECTION 43B(H) IN PRACTICE: INSTITUTIONAL DESIGN, CONTRACTUAL REALITY, AND LIQUIDITY OUTCOMES FOR MSMES IN POST-AMENDMENT INDIA

AUTHOR – SIDHESWAR JENA, PHD SCHOLAR (LAW) VIVEKANANDA GLOBAL UNIVERSITY- JAIPUR-INDIA. ORCID: HTTPS://ORCID.ORG/0009-0009-0234-5831

BEST CITATION – SIDHESWAR JENA, SECTION 43B(H) IN PRACTICE: INSTITUTIONAL DESIGN, CONTRACTUAL REALITY, AND LIQUIDITY OUTCOMES FOR MSMES IN POST-AMENDMENT INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 340-354, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

 The insertion of clause(h) to Section 43B of the Income Tax Act, 1961 represents a significant legislative intervention aimed at addressing habitual detainments in payments to micro and small enterprises (MSEs). By conditioning Tax deductibility on compliance with the payment timelines specified under the Micro, Small and Medium Enterprises Development Act, 2006, Parliament sought to realign marketable impulses in favor of timely agreement. While the statutory correction is now settled law, its functional effectiveness within India’s being executive, contractual, and financial armature remains under- examined. This composition undertakes a post-legislative evaluation of Section 43B(h), fastening on its commerce with MSME status verification under the Udyam frame, the treatment of retention plutocrat in corner- grounded contracts, liquidity constraints arising from the Goods and Services Tax governance, and the practical enforceability of correctional interest under the MSMED Act. The study argues that without reciprocal institutional design and systemic collaboration, Section 43B(h) pitfalls generating compliance query and liquidity stress rather than fulfilling its defensive ideal. The composition concludes by proposing design acquainted reforms aimed at operationalizing legislative intent while conserving marketable certainty.

Keywords: Section 43B(h), MSME payments, delayed payment, retention plutocrat, GST working capital, nonsupervisory design

UNMAKING MARRIAGE: SHILPA SAILESH V VARUN SREENIVASAN AND THE CASE FOR LEGISLATIVE REFORM

AUTHOR – AANCHAL MEGAN MENEZES, STUDENT AT OP JINDAL GLOBAL UNIVERSITY

BEST CITATION – AANCHAL MEGAN MENEZES, UNMAKING MARRIAGE: SHILPA SAILESH V VARUN SREENIVASAN AND THE CASE FOR LEGISLATIVE REFORM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 334-339, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/EHSP4598

Introduction

Marriage, under Hindu personal laws, has long been regarded as a union that is sacrosanct.  The Hindu Marriage Act, 1955 (“HMA”) echoed this philosophy by initially offering divorce under very limited grounds of fault based reasons like cruelty, adultery etc. The addition of mutual consent as a ground for divorce in the form of Section 13B in 1976 marked a reformative shift that allowed for a petition for dissolution without the need to establish guilt, when both parties are willing, provided that the couple has been separated for at least one year. It also prescribes a cooling-off  period of six months, extendable up to eighteen months, before  a second petition for divorce can be filed. ^[1]

The five-judge Bench in Shilpa Sailesh addressed the issue of whether this period could be waived in circumstances where there is no hope for reconciliation. However, the judgment also underscored broader implications. By acknowledging the irretrievable breakdown of marriage, where a party seeks a divorce despite the opposition of another, as a legitimate ground for divorce, it paved the way for the development of non-fault grounds. The court invoked its power under Article 142 of the Indian Constitution, which bestows upon it extraordinary powers to do “complete justice” in any cause or matter and held that they could use their discretion to grant relief and avoid prolonging the suffering of involved parties.  This case commentary seeks to examine the necessity of irretrievable breakdown of marriage (“IBM”) as a legitimate ground for divorce, while also delving into the limitations of doing so without legislative sanction. Further, it also explores India’s approach towards balancing  individual autonomy within the broader institution of broken marriages.

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[1] Bijal Ajinkya and Sachin Bhandawat, ‘Mutual Consent Divorce under Hindu Law: Cooling-Off Period and Withdrawal of Consent’ (2024) SCC Online Blog Exp 5 https://www.scconline.com/hma accessed 17 October

CROSS-BORDER CONTRACTS IN E-COMMERCE: A LEGAL AND PRACTICAL OVERVIEW

AUTHOR – HARSHAWARDHAN DHANANJAY DIXIT M LLM STUDENT AT DECCAN EDUCATION SOCIETY’S SHRI. NAVALMAL FIRODIA LAW COLLEGE, SAVITRIBAI PHULE PUNE UNIVERSITY, PUNE

BEST CITATION – HARSHAWARDHAN DHANANJAY DIXIT M, CROSS-BORDER CONTRACTS IN E-COMMERCE: A LEGAL AND PRACTICAL OVERVIEW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 326-333, APIS – 3920 – 0001 & ISSN – 2583-2344.

“Breaking Barriers, Building Trust: Contracts in the Digital Marketplace”

(History)

The emergence of e-commerce has revolutionized global trade, transforming how businesses and consumers interact. Historically, cross-border contracts were bound by jurisdictional limitations and complex negotiation processes. However, the advent of digital marketplaces and electronic agreements has enabled seamless transactions across borders, ushering in a new era of globalization. (Present Status) In the present context, cross-border e-commerce is booming, with platforms like Amazon, Alibaba, and Shopify facilitating trade. While these platforms have simplified transactions, the legal framework governing cross-border e-commerce contracts remains fragmented. Variations in contract law, jurisdictional challenges, enforcement of dispute resolution mechanisms, and the lack of standardized regulations pose significant barriers to international e-commerce growth.(Short Explanation) This research explores the complexities of cross-border e-commerce contracts, focusing on issues such as jurisdiction, choice of law, enforcement of electronic contracts, and consumer protection. (Research Problem) The research problem addresses whether existing legal frameworks adequately support the dynamic nature of cross-border e-commerce and ensure fair and enforceable agreements. (Hypothesis)The hypothesis posits that the lack of uniformity in global e-commerce laws hinders trust and efficiency in cross-border contracts. (Possible Reforms) Possible reforms include developing an international legal framework for e-commerce, adopting standardized contract templates, and leveraging blockchain technology for secure and transparent transactions.(Aim and objective) The aim and objective of this study are to provide a comprehensive analysis of the legal and practical challenges in cross-border e-commerce contracts and propose actionable solutions to streamline global digital trade.

Keywords: Cross-Border Contracts, E-Commerce, International Trade Law, Digital Agreements

BALANCING INVESTORS’ PROTECTION IN INDIA:A TOP DOWN APPROACHS

AUTHOR – RAIBHAN SANGRAM KATKAR, STUDENT AT SHRI NAVALMAL FIRODIA LAW COLLEGE

BEST CITATION – RAIBHAN SANGRAM KATKAR, BALANCING INVESTORS’ PROTECTION IN INDIA:A TOP DOWN APPROACHS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 318-325, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

“Successful investing is about managing risks, not avoiding it.” The need for effective investor protection has become increasingly critical in today’s rapidly evolving financial landscape. This paper investigates the concept of balancing investor protection through a top-down regulatory approach, considering historical developments, current practices, and potential reforms. The evolution of investor protection began in the early 20th century, catalyzed by financial scandals and crises. Landmark regulations, such as the Securities Act of 1933, laid Foundational Principles Aimed at Ensuring Transparency and Safeguarding Investor Interests. Over Decades, Regulatory Frameworks Have Been Shaped by A Series Of Financial Events, Leading To The Establishment of agencies like the Securities and Exchange Commission (SEC) in the U.S. to oversee compliance. In the current landscape, investor protection mechanisms differ significantly across jurisdictions. While some regions adopt stringent regulatory measures, others promote lighter touch approaches. The proliferation of complex financial products and digital investment platforms complicates the regulatory environment, creating gaps in protection and exposing investors to heightened risks. This study posits that a top-down approach where overarching regulatory principles guide localized implementations can create a more integrated and effective investor protection framework. By aligning regulations across borders and sectors, the approach seeks to enhance consistency and compliance. The central issue is how to balance robust investor protection with the need for market innovation and accessibility. Existing frameworks often lead to fragmented protections that inadequately address the risks faced by investors. A coordinated top-down regulatory framework can enhance investor protection without hindering market dynamism. Key reforms may include harmonizing regulations internationally, improving transparency in investment products, and utilizing technology for enhanced monitoring and compliance. This paper aims to critically analyze current investor protection measures, propose a unified regulatory framework, and assess its potential to bolster investor confidence and market integrity.

Keywords: Investor Protection, Top-Down Approach, Regulatory Framework, Financial Markets, Transparency, Market Innovation, Compliance.

CRYPTO CURRENCY A INVESTMENT OR CURRENCY?

AUTHOR – ADITYA SINGH, STUDENT AT AMITY UNIVERSITY PATNA

BEST CITATION – ADITYA SINGH, CRYPTO CURRENCY A INVESTMENT OR CURRENCY?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 314-317, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Crypto as a currency or investment ? Some countries have legalized the crypto and legalization is directly related to centralization and decentralized .It is a source of income who trade these electronic securities or currency on the market.The first ever crypto currency was bitcoin why crypto currency why not just crypto or index crypto as some electronic security.Through this paper you will get some knowledge how crypto works and other parts and some real incidents that tells crypto as a use full asset.

NAVIGATING THE LEGAL AND POLICY CHALLENGES IN DIVORCE CASES INVOLVING DOMESTIC VIOLENCE AND CHILD CUSTODY IN INDIA

AUTHOR – JAYANTIKA THAKUR, ADVOCATE (B.A.LLB, LLM), HON’BLE HIGH COURT OF DELHI

BEST CITATION – JAYANTIKA THAKUR, NAVIGATING THE LEGAL AND POLICY CHALLENGES IN DIVORCE CASES INVOLVING DOMESTIC VIOLENCE AND CHILD CUSTODY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 278-313, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/CFMM9759

Abstract

Domestic violence and child custody are two critical issues that intersect within the legal domain, posing complex challenges for family courts, legal practitioners, and policymakers. In India, while laws such as the Protection of Women from Domestic Violence Act, 2005, seek to address the issue of domestic violence, the intertwining of domestic violence allegations with child custody disputes complicates the legal process. This research paper examines the challenges posed by domestic violence in child custody cases, with a focus on the legal framework and its application in India.

The study begins by examining the definition and forms of domestic violence, followed by a review of the legal protections available under Indian law. It then delves into how domestic violence allegations impact divorce proceedings and custody decisions, particularly in light of the paramountcy principle that the welfare of the child is the primary consideration. The research evaluates judicial trends in child custody decisions and highlights the balance or lack thereof between protecting the child’s welfare and safeguarding the rights of the parents.

One of the key challenges discussed is the insufficient implementation of existing protective laws, which often fail to provide adequate relief for victims, particularly children. The research also addresses the issue of gender bias in custody decisions and the lack of psychological support for children affected by domestic violence. Additionally, it explores the delicate balance between preventing false allegations of domestic violence and ensuring genuine concerns are addressed.

The research concludes with recommendations to strengthen legal provisions, improve enforcement mechanisms, enhance child protection policies, and promote a child-centric approach to custody decisions. It suggests the introduction of mediation and counselling to provide a holistic solution to domestic violence and child custody disputes.

Keywords- Domestic Violence, Child Custody, Best Interest of the Child, Parental Rights, Child Welfare.

FROM FRAGMENTED COMPLIANCE TO UNIFIED CODES: A COMPARATIVE ANALYSIS OF OLD LABOUR LAWS, COMPLIANCE CHALLENGES, AND EMERGING JUDICIAL TRENDS UNDER INDIA’S NEW LABOUR CODES

AUTHOR – ASHIMA BHAGAT, STUDENT AT SHANKARRAO CHAVAN LAW COLLEGE, PUNE

BEST CITATION – ASHIMA BHAGAT, FROM FRAGMENTED COMPLIANCE TO UNIFIED CODES: A COMPARATIVE ANALYSIS OF OLD LABOUR LAWS, COMPLIANCE CHALLENGES, AND EMERGING JUDICIAL TRENDS UNDER INDIA’S NEW LABOUR CODES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 272-277, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Indian labour law regime has always been marked by fragmentation, multiple jurisdictions, and a heavy burden of compliance in the wake of central legislation over almost three decades, in addition to state legislation. This paper presents a critical and comprehensive doctrinal and comparative study on the transition in the Indian labour law regime, hitherto a ‘silo-based’ regime, to the ‘Four Labour Codes,’ to wit: 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. The purpose and intent of the ‘Four Labour Codes’ will also be explored in this paper, specifically in terms of ease of doing business, formalizing the workforce, increasing the scope of social security, and the need to update the ‘colonial-era’ labour laws. The paper highlights the procedural and substantive changes brought about by the Codes, such as standardized definitions of wages, expanded coverage of the minimum wage and social security, mandatory appointment procedures, simplified safety norms, and a new framework of industrial relations. Special emphasis is given to the changing compliance framework, characterized by digitization, single-window registration, reduced number of registers, and the new role of labor inspectors as facilitators, not enforcers. This paper also critically examines the transition issues relating to staggered implementation, double obligations, savings provisions, and ambiguities surrounding wage structure and benefits. In addition, it examines the effects of state-level rule-making with regards to uniformity, pointing to the ways in which the simultaneous role of labor continues to produce regional disparities, even under centralized codification. This article points to the contemporaneous significance of pre-Code judicial decisions through an analysis of Supreme Court decisions regarding maternity benefits, regularization, and worker classification, and tracks current judicial trends regarding gig and platform workers under the current regime. This article concludes by stating that, while a major milestone in terms of a more cohesive and modernized system of labor regulation, the Labour Codes’ effectiveness will be dependent upon successful rule-making, federalism, administrative capacity, and a supportive judicial philosophy during and after the transition period.

COMPARATIVE ANALYSIS OF SHAREHOLDERS RIGHTS IN COMMON LAW AND CIVIL LAW JURISDICTIONS

AUTHOR – AMMAN KHAN, STUDENT AT JAMIA MILLIA ISLAMIA, NEW DELHI

BEST CITATION – AMMAN KHAN, COMPARATIVE ANALYSIS OF SHAREHOLDERS RIGHTS IN COMMON LAW AND CIVIL LAW JURISDICTIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 266-271, APIS – 3920 – 0001 & ISSN – 2583-2344.

(I) ABSTRACT

In every nation, the growth of financial markets and corporate governance depends on the legal protection of company shareholders. The protection of shareholder rights in general, particularly minority shareholder rights, is the greater concern, even though my study focuses on a comparative aspect of shareholder rights belonging to Common Law and Civil Law jurisdictions, which have been mainly classified by the US & UK versus Germany and France. I employed the Legal Origin Theory (LLSV)^[1], a comparatively well-known and significant theory in comparative company governance.  According to the argument, the Common Law system is better than the code-defined rigidity of the Civil Law systems based on the French model because judges’ flexibility and independence offer better protection of property and shareholder rights. But this study reconsiders this argument, which is supported by historical longitudinal data, leads to the counterargument that most civil law nations offer superior, if not clearly superior, protections for minority shareholders.^[2] Rules intended to shield minority interests from majority demands are responsible for the most notable disparities. Minority shareholders have statutory safeguards in civil law nations that are known for their concentrated ownership. The fact that many jurisdictions’ current regulations are growing more and more hybrid is also noteworthy. For instance, India increases protections for all shareholders by contemporary legislation and regulatory modifications. This highlights once more how crucial the relationship between the “law in action” and the “law on the books” is.(II)

KEYWORDS: Shareholder Rights, Common Law, Civil Law, Corporate Governance, Legal Origin, Minority Protection.

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[1] Garoupa N., Trends in Comparative Law and Economics 21–28 (Anthem Press 2022).

[2] Prabirjit Sarkar, Common Law vs. Civil Law: Which System Provides More Protection to Shareholders and Creditors and Promotes Financial Development, 2 Jarle 143-161 (2011).

STATE, SOCIETY AND SELF: AUTONOMY AND RELIGION INVOLVED IN MARRIAGES IN INDIA

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

BEST CITATION – GAAYATHRI KALUBANDI, STATE, SOCIETY AND SELF: AUTONOMY AND RELIGION INVOLVED IN MARRIAGES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 260-265, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The institution of marriage in India stands at a critical juncture, caught between the constitutional promise of individual liberty and the persistent influence of religious patriarchal norms codified into law. This paper examines the complex interplay between religious influence, state law, and individual autonomy within the institution of marriage in India. It posits that the current legal framework, which intertwines religious personal laws with a procedurally burdensome secular alternative, systematically undermines fundamental rights and creates significant risks for gender justice and social harmony. The analysis traces the historical entrenchment of patriarchal norms within matrimonial customs, demonstrating how these traditions have been codified into law, thereby restricting personal choice and perpetuating inequality. A central focus is the critical assessment of the secular marriage law, whose well-intentioned provisions have been subverted into a mechanism for state-sanctioned surveillance and communal interference, particularly endangering interfaith couples. The paper further explores how this flawed legal environment fosters detrimental outcomes, including the manipulation of religious conversion to circumvent legal restrictions, often to the detriment of women’s rights. In conclusion, the research advocates for a decisive re-orientation towards a rights-based paradigm, arguing that genuine marital freedom requires dismantling the architecture of control and prioritizing constitutional guarantees of privacy, equality, and individual autonomy over rigid religious-social mandates.

KEYWORDS: Marriage, caste, choice, autonomy, equality, patriarchy, state, society