Category: Volume 6 and Issue 6 of 2026

  • THE ROLE OF ARTIFICIAL INTELLIGENCE IN STRENGTHENING CYBER LAW ENFORCEMENT IN INDIA

    THE ROLE OF ARTIFICIAL INTELLIGENCE IN STRENGTHENING CYBER LAW ENFORCEMENT IN INDIA

    AUTHOR – AKASHKUMAR.M* & KIRUBA SHARMILA**

    * STUDENT AT VISTAS

    ** PROFESSOR AT VISTAS

    BEST CITATION – AKASHKUMAR.M & KIRUBA SHARMILA, THE ROLE OF ARTIFICIAL INTELLIGENCE IN STRENGTHENING CYBER LAW ENFORCEMENT IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 73-76, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I68

    Introduction

    The rapid advancement of digital technologies has brought about a revolutionary transformation in the way societies function. From online banking and e-commerce to digital governance and virtual communication, the integration of technology into everyday life has created a highly interconnected global environment. While these developments have enhanced efficiency and accessibility, they have also led to the emergence of cyber crime as a significant threat in the modern era.

    Cyber crime refers to illegal activities carried out using computers, digital devices, and networks. These crimes include hacking, identity theft, phishing, cyberstalking, financial fraud, ransomware attacks, and cyber terrorism. The increasing reliance on digital infrastructure has made individuals, organizations, and governments vulnerable to such threats. Traditional law enforcement methods often struggle to keep pace with the dynamic and complex nature of cyber crimes.

    Artificial Intelligence (AI) has emerged as a transformative technology capable of addressing these challenges. By enabling machines to analyze vast amounts of data, identify patterns, and make decisions, AI has become a powerful tool in enhancing cyber law enforcement. In India, where digitalization is rapidly expanding through initiatives such as Digital India, the integration of AI into cyber security and legal enforcement mechanisms is of critical importance.

    This research paper aims to examine the role of artificial intelligence in strengthening cyber law enforcement in India. It explores the concept and evolution of AI, its applications in cyber security, the existing legal framework, judicial perspectives, challenges, and necessary reforms. The study highlights how AI can contribute to building a secure and resilient digital ecosystem.

  • INFLUENCE OF CSR COMPLIANCE, ESG REPORTING STANDARDS REGULATORY ENFORCEMENT, AND ENFORCEMENT GAPS ONCORPORATE GOVERNANCE IN INDIA

    INFLUENCE OF CSR COMPLIANCE, ESG REPORTING STANDARDS REGULATORY ENFORCEMENT, AND ENFORCEMENT GAPS ONCORPORATE GOVERNANCE IN INDIA

    AUTHOR – PRIYADHARSHINE.R, STUDENT AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES PALLAVARAM, CHENNAI – 600 117

    BEST CITATION – PRIYADHARSHINE.R, INFLUENCE OF CSR COMPLIANCE, ESG REPORTING STANDARDS REGULATORY ENFORCEMENT, AND ENFORCEMENT GAPS ONCORPORATE GOVERNANCE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 60-72, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    The distinction of being the first nation to enact mandated corporate social responsibility expenditure by enacting a law on the same under section 135 of the Companies Act, 2013 is unique to India. The regulatory framework was extended over the following decade with SEBI Business Responsibility and Sustainability Reporting (BRSR) framework (SEBI, 2021), BRSR Core (SEBI, 2023), RBI Draft Framework of Climate risk Disclosure (RBI, 2024) or the CCPA Greenwashing Guidelines (CCPA, 2024). All these tools together have put India in the list of most prominent jurisdictions in the world with systematic corporate sustainability governance.

    However, there is still a recalcitrant enforcement hole. The sum of total CSR penalties in three-financial years (20222025) was almost INR 20 crore as opposed to the total annual obligation of over INR 26,000 crore. A study conducted by the ASCI (2023) revealed that 79 per cent of environmental claims that were made by Indian organisations were deceptive or overstated. The IL&FS; and Hindenburg-Adani are the most damaging governance failures, which happened in organizations that are on record adhering to the standards of disclosure rules.

    Critically, this paper evaluates the question of whether the mandatory CSR and ESG reporting regime in India is actually enhancing the nature of corporate governance as it is a sign of a regime change or otherwise and suggests eight possible specific legal reforms based on preexisting statutory authority. The study follows a doctrinal and analytical research design as it uses statutes, SEBI circulars, MCA adjudication orders, Supreme Court judgments, NGT orders and corporate sustainability filings. The three research hypotheses are accepted: CSR compliance has a positive impact on the quality of governance; significant enforcement has a positive impact on the results of governance, the overall architecture of CSR, ESG reporting, enforcement and the gaps in the enforcing mechanism determine the quality of governance.

  • IMPACT OF PARANDHUR GREENFIELD AIRPORT ON LOCAL COMMUNITIES AND ECONOMY

    IMPACT OF PARANDHUR GREENFIELD AIRPORT ON LOCAL COMMUNITIES AND ECONOMY

    AUTHOR – ISHWARYA S* & MS DIVYA S**

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

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

    BEST CITATION – ISHWARYA S & MS DIVYA S, IMPACT OF PARANDHUR GREENFIELD AIRPORT ON LOCAL COMMUNITIES AND ECONOMY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 55-59, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    India’s rapidly expanding aviation sector reflects the country’s broader shift towards industrial growth, urbanisation, and stronger global connectivity. The proposed Parandhur Greenfield Airport in Tamil Nadu is a key example of this development. It is expected to improve regional connectivity and position the State as an important aviation hub.

    However, alongside these expected benefits, the project has also raised serious concerns among local communities. Issues such as land acquisition, displacement of farmers, environmental degradation, and the protection of basic rights have become central to the debate.

    This paper examines the tension between the State’s power to acquire land and the fundamental right to livelihood guaranteed under Article 21 of the Constitution of India. To explore this issue in depth, the study combines legal analysis with observations from the affected regions. It analyses important legislation such as the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, along with relevant constitutional provisions and judicial decisions.

    Further, the research highlights the lived experiences of people from 13 affected villages. It explores how displacement disrupts their lives—through loss of income, breakdown of traditional agricultural practices, environmental damage, and increasing resistance from local communities. The study also compares India’s land acquisition framework with those of countries like the United States, the United Kingdom, and China, in order to identify gaps and suggest possible improvements.

    KEYWORDS : Parandhur Airport, Land Acquisition, Eminent Domain, RFCTLARR Act 2013, Right to Livelihood, Public Trust Doctrine, Displacement, Sustainable Development, Judicial Review, Agrarian Economy.

  • A COMPARATIVE PERSPECTIVE OF LIABILITY ISSUES IN COMMERCIAL TRANSACTIONS

    A COMPARATIVE PERSPECTIVE OF LIABILITY ISSUES IN COMMERCIAL TRANSACTIONS

    AUTHOR – AKSHAYA R* & SRIMAN**

    * ASSISTANT PROFESSOR AT VELS SCHOOL LAW

    ** STUDENT AT VELS SCHOOL LAW

    BEST CITATION – AKSHAYA R & SRIMAN, A COMPARATIVE PERSPECTIVE OF LIABILITY ISSUES IN COMMERCIAL TRANSACTIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 51-54, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I65

    Introduction

    Global trade is based on commercial transactions, which include a variety of agreements between companies, customers, and financial institutions. These transactions are not risk-free, though, as liability conflicts often surface in areas like e-commerce, business governance, contract performance, misrepresentation, and product defects. Due to the influence of common law, civil law, and international treaties, the legal frameworks that regulate these liability concerns differ greatly throughout nations. It is crucial for companies, attorneys, and legislators to comprehend the many viewpoints on liability in business dealings. Liability is frequently founded on the concepts of tort-based duties, privity, and freedom of contract in common law jurisdictions (like the US and the UK). Generally speaking, courts prefer a hands-off approach unless fraud or unconscionability is implicated, and remedies center on damages and contractual enforcement. Conversely, civil law systems (like those in Germany and France) place more emphasis on pre-contractual liabilities, good faith duties, and statutory protections. They also provide a wider range of remedies, such as specific performance and rescission. Liability issues have become more complex as a result of the growing internationalization of trade, especially in areas like digital transactions, director accountability, and product liability. Businesses now have to negotiate a complex web of legal frameworks, each with unique liability allocation regulations, as a result of the growth of cross-border trade and e-commerce. Significant variances still exist despite regional consumer protection regulations (like EU Directives) and international initiatives like the United Nations Convention on Contracts for the International Sale of Goods (CISG) to reconcile these differences. Five main categories are examined in this research article’s comparative examination of liability issues in business transactions: tortious liability, corporate and director liability, product liability, contractual liability, and liability in e-commerce. This paper examines legal concepts from several jurisdictions to emphasize the difficulties firms confront and provide suggestions for reducing liability risks in a changing global marketplace. The findings are intended to facilitate more seamless business transactions across various legal systems by advancing a better understanding of how responsibility is distributed and enforced.

  • GST COUNCIL AS A MODEL OF COOPERATIVE FEDERAL ADMINISTRATIVE MECHANISM

    GST COUNCIL AS A MODEL OF COOPERATIVE FEDERAL ADMINISTRATIVE MECHANISM

    AUTHOR – KARAN SOLANKI* & ANUJ SETHI**

    * STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

    ** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

    BEST CITATION – KARAN SOLANKI & ANUJ SETHI, GST COUNCIL AS A MODEL OF COOPERATIVE FEDERAL ADMINISTRATIVE MECHANISM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 44-50, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I64

    ABSTRACT

    The Goods and Services Tax (GST) Council refers to a relevant institutional innovation in the federal system of India, which reflects the concept of cooperative federalism in the fiscal policy and administrative management. The Council was instituted under Article 279A of the Constitution and is a joint decision-making body that has a representative of the Union and the States. This paper examines the GST Council as a model of federated administrative authority, decision-making by consensus and fiscal coordination, discussing its constitutional design, voting strategy, judicial interpretation, and practical issues as to whether this Council strengthens federal balances or somewhat centralizes fiscal authority in the quasi-federal Indian system.

  • DIGITAL PLATFORMS AND ABUSE OF DOMINANCE UNDER COMPETITION LAW

    DIGITAL PLATFORMS AND ABUSE OF DOMINANCE UNDER COMPETITION LAW

    AUTHOR – ASHIMA GUPTA* & DR. SUSANTA KUMAR SADANGI**

    * STUDENT AT ICFAI UNIVERSITY, DEHRADUN

    ** PROFESSOR AT ICFAI UNIVERSITY, DEHRADUN

    BEST CITATION – ASHIMA GUPTA & DR. SUSANTA KUMAR SADANGI, DIGITAL PLATFORMS AND ABUSE OF DOMINANCE UNDER COMPETITION LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 28-43, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    The exponential rise of digital platforms over the past two decades has irrevocably altered the architecture of modern markets. Unlike conventional businesses operating within linear supply chains, digital platforms function as multi-sided intermediaries governed by strong network effects, data-intensive business models, and algorithmic decision-making. These structural features rarely present in traditional industries allow a handful of firms to entrench significant market power with remarkable speed. While competition law has long accepted that dominance per se is not unlawful, the abuse of that dominance in platform ecosystems raises complex and novel legal questions, particularly where services are rendered without monetary charge and user data constitutes the primary competitive resource.

    This paper examines how the doctrine of abuse of dominance is being tested and reshaped by platform-centric business models. It identifies key markers of digital dominance including data control, gatekeeping power, switching costs, and vertical integration and analyses the principal forms of abusive conduct encountered in online markets: predatory pricing, self-referencing, tying and bundling, exclusionary contracting, and exploitative data practices. Drawing on enforcement experiences across India, the European Union, and other major jurisdictions, the paper assesses how regulatory bodies are adapting existing legal frameworks to address emerging anti-competitive behavior.

    The paper further engages with the practical difficulties that confront competition authorities, including market definition in zero-price settings, assessment of non-price harm, and the tension between preserving innovation incentives and ensuring effective enforcement across borders. Against the backdrop of the EU’s Digital Markets Act (DMA) and India’s proposed Digital Competition Bill, the paper argues for a forward-looking regulatory strategy that combines responsive ex-post enforcement with carefully calibrated ex-ante obligations for dominant digital gatekeepers.

    The central argument of this study is that safeguarding competitive digital markets requires a fundamental reassessment of competition law tools one that takes seriously data concentration, algorithmic transparency, and platform ecosystem dynamics. Only a sophisticated, adaptive legal framework can simultaneously protect innovation, prevent anti-competitive foreclosure, and uphold consumer welfare in an increasingly digitized world.

    KEYWORDS: Digital platforms, Abuse of dominance, Competition law, Network effects, Data monopoly, Market power.

  • DIRECTOR LIABILITY FOR FRAUDULENT TRADING: A CRITICAL EXAMINATION OF SECTION 339 OF THE COMPANIES ACT, 2013

    DIRECTOR LIABILITY FOR FRAUDULENT TRADING: A CRITICAL EXAMINATION OF SECTION 339 OF THE COMPANIES ACT, 2013

    AUTHOR – BHAVYA TRIPATHI* & DR. MONIKA KOTHIYAL**

    * STUDENT AT ICFAI UNIVERSITY, DEHRADUN

    ** PROFESSOR AT ICFAI UNIVERSITY, DEHRADUN

    BEST CITATION – BHAVYA TRIPATHI & DR. MONIKA KOTHIYAL, DIRECTOR LIABILITY FOR FRAUDULENT TRADING: A CRITICAL EXAMINATION OF SECTION 339 OF THE COMPANIES ACT, 2013, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 15-26, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    The concept of limited liability stands for what makes modern enterprise acceptable. It helps the public put their assets in one place and take business risks. But this principle includes a standard flaw: people in charge of running a company can use it to defraud the people who do their job with it in good faith. Section 339 of the Companies Act, 2013 is India’s primary legislative response, empowering the National Company Law Tribunal, during winding-up proceedings, to hold those knowingly party to fraudulent trading personally liable for all company debts without limit. This paper undertakes a critical examination of that provision. Drawing on doctrinal analysis of the statutory text, a detailed study of Indian and English case law, and a comparative assessment of the wrongful trading framework under the United Kingdom’s Insolvency Act, 1986, the paper identifies three principal structural weaknesses: the winding-up trigger that delays intervention until recovery is most difficult; the inadequate criminal penalties under Section 339(2) that compare unfavourably with the general fraud offence under Section 447; and the fragmented enforcement architecture that impedes effective prosecution. The paper further identifies a significant gap in Indian law, namely the complete absence of wrongful trading liability, which leaves reckless but non-fraudulent mismanagement outside the reach of director accountability. A coherent set of reform proposals is advanced, including a standalone continuous fraudulent trading offence, rationalised penalties, a wrongful trading standard modelled on the English framework, a statutory deferred prosecution agreement mechanism, and stronger institutional coordination between the SFIO, the NCLT, and the Enforcement Directorate.

    KEYWORDS:Fraudulent trading; Section 339; Companies Act, 2013; director liability; corporate veil; NCLT; wrongful trading; insolvency; corporate governance; mens rea.

  • CONSTITUTIONAL PROTECTION OF THE RIGHT TO PRIVACY: A COMPARATIVE STUDY OF INDIA’S SURVEILLANCE FRAMEWORK WITH REFERENCE TO THE UNITED KINGDOM AND THE UNITED STATES

    CONSTITUTIONAL PROTECTION OF THE RIGHT TO PRIVACY: A COMPARATIVE STUDY OF INDIA’S SURVEILLANCE FRAMEWORK WITH REFERENCE TO THE UNITED KINGDOM AND THE UNITED STATES

    AUTHOR – ISHRAT AYESHA ATIYA, LLM (CONSTITUTIONAL LAW), AMITY INSTITUTE OF ADVANCED LEGAL STUDIES, AMITY UNIVERSITY UTTAR PRADESH, NOIDA

    BEST CITATION – ISHRAT AYESHA ATIYA, CONSTITUTIONAL PROTECTION OF THE RIGHT TO PRIVACY: A COMPARATIVE STUDY OF INDIA’S SURVEILLANCE FRAMEWORK WITH REFERENCE TO THE UNITED KINGDOM AND THE UNITED STATES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 01-14, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    The judgement passed by the nine-judge bench in the most famous case of Justice K.S. Puttaswamy v. Union of India (2017) ruled that the right to privacy was now a fundamental right which is protected by Articles 14, 19, and 21 of the Indian Constitution. However, while this was a constitutional breakthrough, India’s current surveillance system uses the Indian Telegraph Act (1885) and Information Technology (2000), as the basis of extensive and mostly unregulated surveillance of citizens, allows extensive executive/administrative powers to surveil and do not have prior judicial reviews; do not have independent reviewing bodies; and do not offer individuals meaningful legal recourse. To examine the legality and morality of the surveillance arrangement within Indian Jurisprudence through a doctrinal and comparative analysis of global human rights law and the experiences of the U.K. and U.S. Accordingly, the nature of surveillance and power to “surveil” are structurally unsatisfactory, do not meet the proportionality test per the Puttaswamy Judgement, or India’s legal obligations as a signer of the International Covenant on Civil Rights.  Targeted reform recommendations at the conclusion of the article include establishing a specific law to regulate surveillance; requiring courts to approve surveillance prior to the arrest and detention of individuals; creating an independent body with authority over surveillance practices; restricting the use of exemptions under the Digital Personal Data Protection Act (2023); and creating mechanisms for the Parliament to oversee intelligence agencies.

    Keywords: Right to Privacy; Article 21; State Surveillance; Proportionality; Comparative Constitutional Law; India; United Kingdom; United States; Digital Personal Data Protection Act, 2023; Puttaswamy.