ARTIFICIAL INTELLIGENCE AND ALGORITHMIC ACCOUNTABILITY: THE NEED FOR A LEGAL FRAMEWORK IN INDIA

AUTHOR – AKASH KONDE, LLM SCHOLAR, SAVITRIBAI PHULE PUNE UNIVERSITY

BEST CITATION – AKASH KONDE, ARTIFICIAL INTELLIGENCE AND ALGORITHMIC ACCOUNTABILITY: THE NEED FOR A LEGAL FRAMEWORK IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 151-158, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Artificial Intelligence (AI) has emerged as the most transformative technological force of the twenty-first century, reshaping economies, governance, and individual lives. From predictive policing and automated hiring to credit scoring and medical diagnosis, algorithmic decision-making now influences several facets of human experience. However, the rise of such intelligent systems also brings an array of legal, ethical, and constitutional challenges particularly concerning bias, discrimination, opacity, and accountability. In India, where AI adoption is rapidly accelerating, the absence of a comprehensive regulatory framework raises serious questions about responsibility and redress when algorithms go wrong.

This paper seeks to analyse the pressing need for a structured legal framework to ensure algorithmic accountability in India. It explores the intersection between technological advancement and constitutional safeguards under Articles 14, 19, and 21, examining how principles of fairness, transparency, and due process must adapt to the digital age. The research compares India’s current legal regime primarily governed by the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023 with global approaches such as the EU Artificial Intelligence Act (2024) and the OECD AI Principles. The paper concludes by proposing a model AI Accountability Framework for India, emphasizing a human-centric approach that balances innovation with responsibility, aligning with constitutional morality and social justice.

Keywords: Artificial Intelligence, Algorithmic Accountability, Data Protection, Legal Framework, Transparency, India, Cyber Law, Governance.

MEDIATION IN INDIA: A DOCTRINAL OVERVIEW OF JUDICIAL AND STATUTORY DEVELOPMENTS

AUTHOR – PRATIKSHA AGARWAL,ADVOCATE, PUNE

LL.M. STUDENT AT DES NAVALMAL FIRODIA COLLEGE OF LAW, PUNE

BEST CITATION – PRATIKSHA AGARWAL, MEDIATION IN INDIA: A DOCTRINAL OVERVIEW OF JUDICIAL AND STATUTORY DEVELOPMENTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 145-150, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Mediation has emerged as a structured and legally recognised component of the alternative dispute resolution framework in India, reflecting a gradual shift towards consensual and participatory modes of dispute resolution. Judicial encouragement, procedural reforms, and legislative intervention have collectively contributed to the institutionalisation of mediation within the Indian legal system. Over time, Indian courts have played a significant role in promoting mediation by interpreting statutory provisions, encouraging settlement of disputes involving private rights, and facilitating the establishment of court-annexed mediation mechanisms.

This article undertakes a doctrinal examination of mediation in India by analysing its conceptual foundations, judicial evolution through Supreme Court jurisprudence, and statutory recognition under the Mediation Act, 2023. The study traces the development of mediation from its initial judicial endorsement under Section 89 of the Code of Civil Procedure, 1908, to its consolidation as a comprehensive statutory framework governing mediation proceedings and mediated settlement agreements. Particular emphasis is placed on the role of the Supreme Court in clarifying the scope, applicability, and procedural contours of mediation across various categories of disputes.

Adopting a descriptive doctrinal methodology, the article relies on statutory provisions, authoritative judicial pronouncements, and relevant scholarly literature to present a consolidated understanding of mediation as a legally recognised dispute resolution mechanism in India. The article refrains from normative or critical evaluation and instead focuses on outlining the evolution, scope, and legal framework governing mediation, highlighting its position within the broader ADR landscape and its role in supplementing the formal justice delivery system.

KeywordsAlternative Dispute Resolution; Mediation; Mediation Act, 2023; Section 89 CPC; Court-Annexed Mediation; Indian Judiciary

A LEGAL STUDY ON CHILD SEXUAL ABUSE IN INDIA: IMPLEMENTATION OF THE POCSO ACT, 2012

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

BEST CITATION – RAJ SONI, A LEGAL STUDY ON CHILD SEXUAL ABUSE IN INDIA: IMPLEMENTATION OF THE POCSO ACT, 2012, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 131-144, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research paper looks at the serious and often overlooked problem of child sexual abuse (CSA) in India, with a special focus on how the Protection of Children from Sexual Offences (POCSO) Act, 2012, is being used in practice. By studying NCRB data from 2015 to 2022 and reviewing landmark cases, it shows a sharp rise in reported CSA cases along with the huge backlog of trials, pointing to a big gap between the promise of strong laws and how they are applied on the ground. Conviction rates remain low, between 29.6% and 39.6%, mainly because of weak evidence, delays in court, and witnesses turning hostile. Deep-rooted social barriers like stigma, fear of family dishonour, and patriarchal attitudes further stop victims from reporting cases, while new online dangers such as grooming and AI-generated child sexual abuse material are creating fresh hurdles for police and courts. The paper also examines constitutional and international commitments to child protection, changes brought into the POCSO Act—including the introduction of the death penalty in certain cases—and the ongoing debate over whether harsher punishments actually improve justice delivery. It also emphasises the significance of victim-sensitive methods, trauma-informed policies, and rehabilitation in order to guarantee survivors true justice. The paper makes the case that reforms need to be more than merely passing new legislation, using a combination of statistics, legal analysis, and international comparisons. To effectively address CSA, India needs to increase social awareness, fortify digital safety, and expedite investigations and trials. Only a holistic approach combining law, psychology, and community support can make child protection genuinely effective.

KEYWORDS: POCSO Act, Child Sexual Abuse, Judicial Backlog, Digital Crime, Victim Rehabilitation.

DATA PROTECTION IN INDIA AFTER THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023: A CRITICAL EVALUATION OF PRIVACY AND STATE POWER

AUTHOR – MS. AASHI DIXIT, BBA-LL.B (Hons.), LL.M. NET (LAW), INDEPENDENT ACADEMIC RESEARCHER

BEST CITATION – MS. AASHI DIXIT, DATA PROTECTION IN INDIA AFTER THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023: A CRITICAL EVALUATION OF PRIVACY AND STATE POWER, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 116-130, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/LDEO6679

I. Abstract

The Digital Personal Data Protection Act, 2023 represents a landmark development in India’s legal and regulatory framework governing the collection, processing, storage, and protection of personal data. Enacted in the aftermath of the Supreme Court’s historic recognition of the right to privacy as a fundamental right in Justice K.S. Puttaswamy v. Union of India (2017), the Act responds to a long-standing constitutional and legislative vacuum in data protection. In an era marked by rapid digitalization, expanding State surveillance capabilities, and the growing economic significance of data-driven innovation, the DPDP Act seeks to establish a consent-based regulatory regime that balances individual privacy, national interests, and economic development. This paper undertakes a critical evaluation of the DPDP Act, 2023 to assess whether it adequately complies with the constitutional standards articulated in Puttaswamy, particularly the requirements of legality, necessity, proportionality, and procedural safeguards. It interrogates the extent to which the Act protects informational autonomy and individual dignity while permitting data processing by the State and private entities. Special attention is devoted to examining the breadth of State exemptions, which allow the government to process personal data for purposes such as national security, public order, and governance, raising concerns about unchecked executive discretion and the potential normalization of mass surveillance.The study further analyzes the Act’s consent architecture, enforcement mechanisms, and institutional design, including the powers and independence of the Data Protection Board of India. It evaluates whether the absence of an independent, judicially insulated regulator and the limited avenues for redress weaken the effectiveness of data protection guarantees. Through a comparative analysis with global data protection frameworks, particularly the European Union’s General Data Protection Regulation (GDPR), the paper highlights both areas of convergence-such as recognition of data principal rights-and significant divergences, especially regarding State accountability, regulatory independence, and proportionality constraints. The paper argues that while the DPDP Act, 2023 constitutes an important step toward formalizing data protection in India, it simultaneously consolidates significant power in the executive, thereby raising serious concerns about constitutional compliance, democratic accountability, and the dilution of privacy protections. It concludes that without stronger safeguards, clearer limitations on State power, and enhanced institutional independence, the Act risks prioritizing governance efficiency and economic interests over the fundamental right to privacy, necessitating urgent legal and structural reforms.

Keywords: Digital Personal Data Protection Act, 2023; Right to Privacy; State Surveillance; Data Governance; Constitutional Proportionality

HUMANIZING ARTICLE 21: THE INDIAN JUDICIARY’S JOURNEY FROM MANEKA TO NAVTEJ SINGH IN DIALOGUE WITH INTERNATIONAL HUMAN RIGHTS NORMS

AUTHOR – ELAINA YALDO & V.R.GOUREE KRISHNA

STUDENTS AT SCHOOL OF LEGAL STUDIES, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY (CUSAT)

BEST CITATION – ELAINA YALDO & V.R.GOUREE KRISHNA, TANISHKA SHAH, JAYANT SHARMA, ANANYA, MANVI SHARDA, RIDHIMA PHULORIA, HUMANIZING ARTICLE 21: THE INDIAN JUDICIARY’S JOURNEY FROM MANEKA TO NAVTEJ SINGH IN DIALOGUE WITH INTERNATIONAL HUMAN RIGHTS NORMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 107-115, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/CLWU3605

Article 21 says- “No person shall be deprived of his life or personal liberty except according to a procedure established by law.”^[1]

According to Justice P. Bhagwati’s ruling in Francis Coralie Mullin v. The Administrator^[2] 1981 SCR (2) 5162, Article 21 “embodies a constitutional value of supreme importance in a democratic society.” Additionally, Article 21 was described by Justice Iyer as “the procedural Magna Carta protective of life and liberty.” The core of the Constitution is Article 21.

---

[1] Constitution of India 1950, art 21.

[2]Francis Coralie Mullin v Administrator, Union Territory of Delhi (1981) 2 SCR 516 (SC).

ADOPTION OF YAJNAVALKYA’S TENETS IN HMA 1955

AUTHOR – ANKIT RAJ & ASHOK DOBHAL

* FINAL YEAR STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

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

BEST CITATION – ANKIT RAJ & ASHOK DOBHAL, ADOPTION OF YAJNAVALKYA’S TENETS IN HMA 1955, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 95-106      , APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/KLSK4809

Abstract

This paper will discuss how the Dharmashastra principles as laid down by Yajnavalkya impacted the Hindu Marriage Act, 1955 that was drafted. It talks about how Hindu ancient legal philosophical thought as represented in a set of texts, the Yajnavalkya Smriti, conceptualised marriage as a sacrament, the need to solemnise, and the ethical foundations of married life in contemporary statutory law. The article also highlights the continuity between concepts of sahadharmacharitva, or dharma companionship, and the modern day legal definition of marriage as a socially and spiritually important institution. At the same time, the article explains the fact that this adoption was actually selective and reformist in nature. Though the tenets propounded by Yajnavalkya reflected the social order that existed during the period, through Hindu Marriage Act, these tenets were modified deliberately with the aim of establishing monogamy, consent, minimum age of marriage and divorce provisions so that individual law would be adjusted to the constitutional value of equality and dignity. This paper also endeavors to provide a trace of the interpretation of Hindu marriage by Indian Courts by trying to reconcile the traditional classical concepts of shastric ideals with the contemporary human rights ideals. It is therefore a claim in this paper that in both how tradition and reform have been synthesized, Hindu marriage act is neither a total departure nor a blinded continuation of ancient Hindu law but a dynamic legal evolution with classical moral philosophies glimpsing rather than dictating statutory provisions. The paper, therefore, ends by concluding that the lasting value of Yajnavalkya is his moral conception of marriage as a communal spiritual and social duty which continues to drive the form and spirit of the Hindu matrimonial law in the contemporary India.

THE RISE OF FINTECH:  LEGAL CHALLENGES AND OPPORTUNITITES CRYPTOCURRENCY, BLOCKCHAIN, AND SMART CONTRACTS: LEGAL DIMENSIONS

AUTHOR – NITHISH KUMAR B, STUDENT AT GOVERNMENT LAW COLLEGE TRICHY

BEST CITATION – NITHISH KUMAR B, THE RISE OF FINTECH:  LEGAL CHALLENGES AND OPPORTUNITITES, CRYPTOCURRENCY, BLOCKCHAIN, AND SMART CONTRACTS: LEGAL DIMENSIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 90-94, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/MAOI7748

Abstract

The financial technology (FinTech) revolution, driven by Distributed Ledger Technology (DLT), presents a watershed moment for global commerce and law. At its core, DLT, encompassing cryptocurrency, blockchain, and smart contracts, challenges the foundational principles of traditional finance and legal jurisprudence: intermediation, jurisdiction, and contract enforceability. This paper analyzes the critical legal dimensions emerging from this technological shift, moving beyond an initial period of regulatory uncertainty toward a new era of targeted legislation and landmark litigation. Specifically, it examines the fragmented global regulatory response to crypto-assets (e.g., the EU’s MiCA and US legislative efforts), the legal complexity of classifying DLT assets, the disruptive potential and data privacy concerns of non-currency blockchain applications, and the profound jurisprudential conflict between the deterministic “code is law” ethos of smart contracts and the flexibility of common and civil law traditions. The paper concludes that DLT presents a significant legal opportunity to enhance transparency and efficiency, but only through the establishment of nuanced, principle-based regulatory frameworks that can reconcile decentralized technology with the imperative of financial stability, consumer protection, and equitable legal recourse.

FIR: LEGAL SIGNIFICANCE AND JUDICIAL SAFEGUARDS AGAINST MISUSE

AUTHOR – RUSHIKESH WALKE, LLM STUDENT AT SAVITRIBAI PHULE PUNE UNIVERSITY

BEST CITATION – RUSHIKESH WALKE, FIR: LEGAL SIGNIFICANCE AND JUDICIAL SAFEGUARDS AGAINST MISUSE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 83-89   , APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The First Information Report (FIR) occupies a pivotal position in the Indian criminal justice system, acting as the foundation upon which the investigative process is initiated. Rooted in Section 154 of the Code of Criminal Procedure, 1973 (now Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the FIR serves as the earliest formal record of information relating to the commission of a cognizable offence. Its legal significance extends beyond procedural formality, as it safeguards the interests of victims, ensures prompt police action, and provides a check against arbitrary or delayed investigations.

However, despite its importance, the FIR mechanism has been increasingly susceptible to misuse, including the registration of false or motivated complaints, abuse for personal vendetta, political targeting, and harassment of individuals through criminal process. Such misuse not only undermines the credibility of law enforcement agencies but also threatens the fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India. Recognising these concerns, the Indian judiciary has played a proactive role in evolving safeguards to prevent abuse while preserving the utility of the FIR as a tool for justice.

This article undertakes a comprehensive doctrinal and judicial analysis of the FIR, examining its legal nature, evidentiary value, and procedural framework. It critically analyses landmark judicial pronouncements that have shaped the law relating to registration, quashing, and misuse of FIRs, including guidelines laid down to protect against arbitrary arrests and malicious prosecutions. The article further evaluates the balance struck by courts between individual liberty and societal interest, and concludes by suggesting reforms to strengthen judicial safeguards while ensuring effective criminal administration.

Keywords – First Information Report, Criminal Procedure, Misuse of FIR, Judicial Safeguards, Fundamental Rights, Police Powers

REFUGEES AS “FOREIGNERS”: CONSTITUTIONAL PROTECTION, EXECUTIVE DISCRETION, AND THE LEGAL STATUS OF ROHINGYAS IN INDIA

AUTHOR – SAKSHAM RAJ, RYSA RAGHANI, TANISHKA SHAH, JAYANT SHARMA, ANANYA, MANVI SHARDA, RIDHIMA PHULORIA.

STUDENTS AT O.P JINDAL GLOBAL UNIVERSITY

BEST CITATION – SAKSHAM RAJ, RYSA RAGHANI, TANISHKA SHAH, JAYANT SHARMA, ANANYA, MANVI SHARDA, RIDHIMA PHULORIA, REFUGEES AS “FOREIGNERS”: CONSTITUTIONAL PROTECTION, EXECUTIVE DISCRETION, AND THE LEGAL STATUS OF ROHINGYAS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 65-82 , APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/RWRC2899

Abstract

In the wake of an anti-immigration drive against Rohingyas, and the Supreme Court’s pending consideration in Jaffar Ullah v. Union of India of critical questions concerning the legal status and protection of Rohingya refugees, this paper aims to analyse the absence of a comprehensive legal framework which enables the executive to expel refugees with near-total impunity. The absence of a statutory definition of “refugee” and the overriding authority of domestic legislation, particularly the Foreigners Act, over customary international law has led to discriminatory treatment of refugees along lines of religion, ethnicity, and origin. The paper examines the precarious status of refugees in India, with particular attention to the discriminatory logic underpinning the CAA and NRC, which selectively target Muslim refugees in contravention of constitutional guarantees of equality and liberty. It also assesses India’s disregard for the principle of non-refoulement, while advancing the argument that obligations under treaties such as the ICCPR and ICESCR, both ratified by India, continue to hold weight despite the overarching authority of the Foreigners Act and India’s non-accession to the 1951 Refugee Convention and its 1967 Protocol. Further, the study interrogates the scope of fundamental rights available to Rohingya refugees and the inconsistent judicial application of Article 14 and 21. The ambiguity with which courts have interpreted the right to life has led to an erosion of its protective value, as the judiciary oscillates between safeguarding refugees against unlawful deportation and deferring to executive discretion. Finally, the paper argues that the absence of a refugee framework is not confined to legislative gaps, but also permeates judiciary, administrative practices and deportation policies. It concludes by foregrounding the ethical stakes of this exclusionary regime and offering policy recommendations to address the urgent need for a coherent and rights-based refugee law in India.

Keywords: Executive Discretion, Non-Refoulement, Refugee Protection, Articles 14 and 21, Legalised Vacuum.

CASE LAW ANALYSIS – CHURCH OF GOD (FULL GOSPEL) IN INDIA V. K.K.R. MAJESTIC COLONY WELFARE ASSOCIATION (2000)- NOISE POLLUTION CASE (AIR 2000 SC 2773)

AUTHOR – HEMALATHA S, LLB STUDENT AT GOVERNMENT LAW COLLEGE TIRUCHIRAPPALLI

BEST CITATION – HEMALATHA S, CASE LAW ANALYSIS – CHURCH OF GOD (FULL GOSPEL) IN INDIA V. K.K.R. MAJESTIC COLONY WELFARE ASSOCIATION (2000)- NOISE POLLUTION CASE (AIR 2000 SC 2773), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 62-64, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IVEC6352

Introduction

This is the Landmark judgement delivered by the Supreme Court of India, addressing the issue of noise pollution caused by religious institutions. This case analysis will delve into the fact, issues, and the court’s decision, highlighting its significance and impact on the environment and religious freedom.