Category: Volume 6 and Issue 9 of 2026

CLIMATE LITIGATION AND ENVIRONMENTAL CONSTITUTIONALISM: A COMPARATIVE ANALYSIS OF INDIA, THE GLOBAL SOUTH, AND NORTH

AUTHOR – MANAS BHONDE, STUDENT AT ILS LAW COLLEGE, PUNE

BEST CITATION – MANAS BHONDE, CLIMATE LITIGATION AND ENVIRONMENTAL CONSTITUTIONALISM: A COMPARATIVE ANALYSIS OF INDIA, THE GLOBAL SOUTH, AND NORTH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 968-980, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I9101

Abstract

This paper analyses climate litigation and environmental constitutionalism of the Global South (India, Brazil, South Africa) alongside the Global North (EU, USA, Germany), and makes the case that differing legal frameworks constitute more profound structural inequalities of climate governance. Using case studies, the author shows that Southern courts give primacy to community-based, action-oriented claims, such as pollution being linked to the right to life under Article 21 of the Constitution, while Northern systems look more to formalistic compliance with the law by pouring procedural requirements like emission targets into a statute book. At the same time, there are systemic gaps: the South has severe enforcement deficits, as evidenced by India’s National Green Tribunal’s abysmal funding, while the North has to contend with rampant legalised irresponsibility, demonstrated by Shell’s irresponsibility for the oil spills in the Niger Delta.

The research highlights developing directions– youth-driven lawsuits (Held v. Montana, 2023), Indigenous advocacy (Petition of Torres Strait Islanders to the UN), and Rights of Nature (Atrato River Case of Colombia)– that fill this gap. It recommends a hybrid approach that combines the Southern emphasis on distributive justice with Northern focus on the institutional depth, framing constitutional change (e.g. climate rights nurturing), judicial capacity development (UNEP Judicial Initiative), and transnational discourse (India’s citation of Urgenda) activism. This paper argues that courts can integrate ecological responsibility and social justice, and through this transformation, shift the focus of climate litigation to one that fosters intergenerational and interspecies justice: the eco-centric form of constitutionalism.

Keywords- Climate change litigation, Environmental constitutionalism, Global South, India, Rights of Nature, Transnational Justice.

IF CRIMINALIZING A CRIME DESTROYS MARRIAGES, THEN IS THE HUSBAND A CRIMINAL: MARITAL RAPE AND THE UNEQUAL CITIZENSHIP OF MARRIED WOMEN IN INDIA

AUTHOR – SAMIKSHAA, STUDENT AT PRESIDENCY UNIVERSITY, BANGALORE

BEST CITATION – SAMIKSHAA, IF CRIMINALIZING A CRIME DESTROYS MARRIAGES, THEN IS THE HUSBAND A CRIMINAL: MARITAL RAPE AND THE UNEQUAL CITIZENSHIP OF MARRIED WOMEN IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 957-967, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I9100

ABSTRACT

A woman does not cease to be a human being when she becomes a wife. Yet the debate surrounding marital rape in India continues to be shaped by a deeply patriarchal assumption that marriage grants husbands a form of sexual entitlement over their wives. A woman’s refusal is respected when it is directed at a stranger, questioned when it is directed at a partner, and too often dismissed when it is directed at a husband. In this hierarchy, consent does not disappear by accident. It disappears because society has long been more comfortable protecting marriage than protecting women within it.

This article argues that the continued refusal to recognise marital rape is not merely a gap in criminal law but a reflection of a larger social belief that a wife’s body is part of her marital obligations. Women are told that marriage requires compromise, adjustment, sacrifice, and service. Rarely are they told that these expectations stop where their bodily autonomy begins. The expectation of the “good wife” continues to coexist with the expectation that a husband is entitled to sex, even when consent is absent.

Through a feminist constitutional analysis, this article examines how the marital rape exception undermines the principles of equality, dignity, and personal liberty guaranteed by the Constitution. It questions why the law fears the consequences of criminalising violence more than the consequences of permitting it. If recognising a crime is believed to threaten marriage, then the problem is not the law’s intervention but the conduct being protected from it. A wife is not property. Her body is not a marital entitlement. And constitutional rights cannot be left outside the bedroom door.

Keywords: Marital Rape, Consent, Feminist Jurisprudence, Constitutional Morality, Bodily Autonomy, Marriage, Equality, Women’s Rights.

THE DOCTRINE OF CONSTITUTIONAL SILENCE: WHEN THE CONSTITUTION SPEAKS BY SAYING NOTHING

AUTHOR – AAESH FALEEL, B.B.A L.L.B., SCHOOL OF LAW, RV UNIVERSITY

BEST CITATION – AAESH FALEEL, THE DOCTRINE OF CONSTITUTIONAL SILENCE: WHEN THE CONSTITUTION SPEAKS BY SAYING NOTHING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 952-956, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I999

ABSTRACT

The idea of constitutional silence emphasizes the role the judiciary plays in interpreting the Indian Constitution in situations of constitutional text being silent, requiring the application of its principles of liberty, equality and dignity. This paper discusses how courts can address textual silence, engaging with constitutional morality and the living constitution. The importance of courts in recognizing unenumerated rights is claimed through references to seminal decisions (such as S.R. Bommai v. Union of India, Puttaswamy v. Union of India, Shayara Bano, Navtej Johar, and Joseph Shine) which each demonstrate an evolving recognition of unenumerated rights when responding to changes in society’s beliefs and morals, and highlight the recognized status of constitutional morality in ruling on these contextual shifts. Inflections of Hans Kelsen’s Grundnorm theory and the role judicial interpretation plays in linking on contemporary issues and applying constitutional morality to the normative order of the Constitution, illustrate how references to constitutional norms (such as morality) can be interpreted by the judiciary to affect substantive regimes of justice. Several comparative jurisdictions (the United States, Australia, and the United Kingdom) note decidedly different responses to constitutional silences than occurs in India, suggesting a distinctly creative judicial response in India. Ultimately, silence does not mean absence of meaning; silence may instead be held to represent a reservoir of meaning that courts draw on to recognize justice and the democratic values associated with the Constitution in a continually redefined society for its citizens.

EVOLVING LEGAL INTERPRETATIONS OF INDIA’S COMPETITION ACT IN THE DIGITAL SPACE: A CRITICAL ANALYSIS IN SPECIAL REFERENCE TO INDIAN JUDICIAL SYSTEM

AUTHOR – ARGHA BANERJEE, RESEARCH SCHOLAR AT UNIVERSITY OF CALCUTTA

BEST CITATION – ARGHA BANERJEE, EVOLVING LEGAL INTERPRETATIONS OF INDIA’S COMPETITION ACT IN THE DIGITAL SPACE: A CRITICAL ANALYSIS IN SPECIAL REFERENCE TO INDIAN JUDICIAL SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 940-951, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I998

Abstract

The Competition Act, 2002 was introduced to promote fair competition, safeguard consumer interests, and curb anti-competitive practices in India. It replaced the Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act), in response to the changing needs of a liberalized and globalized economy. This paper examines the background and evolution of the Act, with special focus on the Raghavan Committee’s recommendations, which played a key role in shaping the legislation. The paper outlines the key objectives and core provisions of the Act, along with its enforcement structure, particularly the role of the Competition Commission of India (CCI). This paper investigates how recent CCI and judicial interpretations of the Competition Act, 2002 are shaping India’s digital and platform economy. Focusing on landmark cases, especially the Google–Android TV settlement (April 2025) and the Zomato–Swiggy investigation (2024–25), it evaluates how enforcement actions on bundling, exclusivity, and predatory pricing apply legal tests under Sections 3 and 4 of the Act.  By comparing these developments to U.S. and EU precedents, the paper highlights India’s evolving stance on market leverage and two‑sided platforms, while examining interpretive challenges like market definition, economic complexity, and procedural delays. This paper concludes with recommendations to enhance the Act’s interpretive clarity and to improve the CCI’s agility in regulating India’s digital economy.

Keywords: App‑bundling, Abuse of dominance, Digital Economy.

ARTIFICIAL INTELLIGENCE IN FOOD SAFETY GOVERNANCE: EMERGING APPLICATIONS, REGULATORY CHALLENGES, AND THE INDIAN EXPERIENCE

AUTHOR – ANILKUMAR B. PRAJAPATI* & DR. RAKHI KATARIA**

* RESEARCH SCHOLAR, SCHOOL OF LAW, GUJARAT UNIVERSITY, AHMEDABAD

** ASSOCIATE PROFESSOR, MOTILAL NEHRU LAW COLLEGE, AHMEDABAD

BEST CITATION – ANILKUMAR B. PRAJAPATI & DR. RAKHI KATARIA, ARTIFICIAL INTELLIGENCE IN FOOD SAFETY GOVERNANCE: EMERGING APPLICATIONS, REGULATORY CHALLENGES, AND THE INDIAN EXPERIENCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 934-939, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The integration of Artificial Intelligence into the governance of food safety in India is one of the most transformative developments in food safety regulation in the country in the 21st century. The Food Safety and Standards Act, 2006 (FSSA), and its regulatory body, the Food Safety and Standards Authority of India (FSSAI), provide the regulatory framework for food safety in India. The integration of AI into this framework will allow the authority to improve food safety through increased traceability of food products, increased efficiency in detecting food hazards, and reduced regulatory burdens on food businesses. This article aims to review how AI can be incorporated into food safety in India through the use of predictive analytics, machine learning to detect adulteration, computer vision to assess product quality, blockchain-AI systems to trace products, and natural language processing to monitor regulatory compliance. Furthermore, this article will review the gaps within current food safety regulations in India regarding AI. Finally, by comparing the approaches to AI regulation in the European Union, the United States, and China, this article will propose a framework for AI in food safety regulation in India that is compliant with the country’s constitution, specifically Article 21 and Article 47.

Keywords: Artificial Intelligence, Food Safety, FSSAI, Machine Learning, Regulatory Governance, India, Food Adulteration, Traceability, Algorithm.

IMPLIED CONTRACTS: DOCTRINAL DEVELOPMENT, JUDICIAL TREATMENT, AND CROSS-JURISDICTIONAL APPLICATION

AUTHOR – HRITIK KUMAR SINGH, STUDENT AT LLOYD LAW COLLEGE

BEST CITATION – HRITIK KUMAR SINGH, IMPLIED CONTRACTS: DOCTRINAL DEVELOPMENT, JUDICIAL TREATMENT, AND CROSS-JURISDICTIONAL APPLICATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 928-933, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I996

Introduction

Not every binding agreement is committed to paper. Contract law has long recognized that enforceable commitments can spring from conduct, surrounding circumstances, and the reasonable inferences drawn from them [1]. These are implied contracts—obligations the law upholds even when no one sat down to draft an express term—and they serve a critical gap-filling role in commercial life where formal agreements are absent or incomplete [2].

Consider an everyday scenario: a commuter hails a taxi, states a destination, and the driver begins the journey. No written agreement is exchanged, yet both sides understand that the passenger will pay the fare upon arrival. The law treats this as an enforceable contract because the essential elements—offer, acceptance, consideration, and an intention to create a legal relationship—are all present, merely inferred from conduct rather than spoken or written [2].

Two broad categories are recognized across common law systems. Implied-in-fact contracts arise from the parties’ mutual conduct and share every essential element of an express contract [2]. Implied-in-law contracts, conventionally called quasi-contracts, are not true contracts at all; they are judicial constructs imposed to prevent one party from being unjustly enriched at the other’s expense [4]. Both categories have evolved substantially from their ancient roots and continue to be reshaped by judicial interpretation and statutory reform across jurisdictions.

This blog traces the doctrine through four stages: its historical antecedents in Roman, medieval English, and pre-colonial Indian law (Section II); the statutory framework established by the Indian Contract Act of 1872 (Section III); judicial treatment with key case law from Indian courts (Section IV); and a comparative perspective spanning five major common law jurisdictions (Section V).

Keywords—Implied contracts, quasi-contracts, business efficacy, Indian Contract Act, unjust enrichment, good faith, comparative contract law

BHUWAN MOHAN SINGH VS MEENA, (2015) 6 SCC 353

AUTHOR – PRIYANSHI MISHRA, STUDENT AT CMR UNIVERSITY SCHOOL OF LEGAL STUDIES

BEST CITATION – PRIYANSHI MISHRA, BHUWAN MOHAN SINGH VS MEENA, (2015) 6 SCC 353, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 924-927, APIS – 3920 – 0001 & ISSN – 2583-2344.

BENCH- Dipak Misra, V. Gopala Gowda

FACTS OF THE CASE-

The husband is appealing the Family Court ruling that awarded the wife and kid monthly support under Section 7 of the Family Courts Act, 1984.

On August 24, 2002, the wife submitted a support request, stating that the husband had abandoned her and their son, who was still a juvenile and had married another lady. The husband refuted the accusations and stated that he had legally divorced the wife in 1998 by issuing a talaq and had since provided for her mehr and maintenance following Islamic law. The Family Court ruled that the husband had failed to establish the legitimacy of the divorce and that, following Section 125 of the Code of Criminal Procedure, 1973, he was required to pay maintenance to the wife and son.

From the date of the order, or August 24, 2011, the Family Court granted the wife Rs. 3000 per month and the kid Rs. 2000 per month. The husband appealed the Family Court’s decision to the Supreme Court because it had legal and factual errors, had been unfairly delayed, and had granted too many adjournments.

“CUSTODIAL TORTURE: AN ANALYTICAL STUDY IN INDIAN PERSPECTIVE”

AUTHOR – MOHIT KANDWA, STUDENT AT LAW COLLEGE DEHRADUN UTTARANCHAL UNIVERSITY

BEST CITATION – MOHIT KANDWA, “CUSTODIAL TORTURE: AN ANALYTICAL STUDY IN INDIAN PERSPECTIVE”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 918-923, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Custodial torture remains one of the most serious violations of human rights in India despite constitutional guarantees and legal safeguards. It refers to the physical, psychological, or emotional abuse inflicted upon individuals by law enforcement authorities while they are in custody. Such practices undermine the rule of law, human dignity, and public confidence in the criminal justice system. The Indian Constitution guarantees protection against arbitrary arrest and inhuman treatment under Articles 20, 21, and 22. Nevertheless, incidents of custodial violence, deaths, and illegal detention continue to be reported across the country. Judicial interventions, including landmark decisions of the Supreme Court, have attempted to establish safeguards against custodial abuse. This study critically examines the concept, causes, legal framework, judicial approach, and challenges associated with custodial torture in India. It further evaluates the effectiveness of existing laws and proposes measures to ensure accountability, transparency, and protection of human rights within the criminal justice system.

Keywords: Custodial Torture, Custodial Violence, Human Rights

IMPACT OF TECHNOLOGY ON THE CONDUCT OF PROCEEDINGS IN THE FAMILY COURT: CASE COMMENT

AUTHOR – MAANASA SHANKER, STUDENT AT SYMBIOSIS LAW SCHOOL, PUNE

BEST CITATION – MAANASA SHANKER, IMPACT OF TECHNOLOGY ON THE CONDUCT OF PROCEEDINGS IN THE FAMILY COURT: CASE COMMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 908-917, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I993

Abstract

The functioning of the family courts and their procedure adopted by the courts, being archaic, came in for scrutiny of the Hon’ble High Court of Madras under Article 227 of the Constitution of India, wherein, the Hon’ble High Court exercises superintending powers over the subordinate courts. In the light of technological innovations, the cumbersome procedure prevailing in the conduct of proceedings before the family and other courts was deliberated and discussed by the Hon’ble Mr. Justice V. Lakshminarayanan, Judge, High Court of Madras, and the judgement rendered by the Hon’ble High Court has set at ease the procedural bottlenecks so that the litigant public will be able to avoid undue delay in giving a closure to the pending disputes in family courts. This article deals with the exhaustive discussion and the methodologies suggested by the High Court of Madras by taking advantage of the technological advances at every stage of the proceedings pending before the family courts.

Keywords: Family Courts Act, 1984; video conferencing; power agent; mutual consent divorce; mediation; procedural bottlenecks; court-mediated settlement; adversarial system; litigant-centric.

A COMPARATIVE STUDY ON INSIDER TRADING LAWS IN INDIA, UK, AND USA

AUTHOR – GODHAWARI P* & DR. S.M. AZIZUNNISAA BEGUM**

* RESEARCH SCHOLAR, SCHOOL OF LAW, VISTAS, CHENNAI

** RESEARCH SUPERVISOR, SCHOOL OF LAW, VISTAS, CHENNAI.

BEST CITATION – GODHAWARI P & DR. S.M. AZIZUNNISAA BEGUM, A COMPARATIVE STUDY ON INSIDER TRADING LAWS IN INDIA, UK, AND USA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 901-907, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

            Insider trading, the trading of securities based on unpublished price-sensitive information (UPSI), poses a significant threat to market integrity, investor confidence, and the principle of fair disclosure. As financial markets become increasingly complex and interconnected, effective regulation of insider trading has become a global priority. This study provides a comparative analysis of the legal and regulatory frameworks governing insider trading in India, the United Kingdom, and the United States. It examines the relevant legislation, enforcement mechanisms, regulatory authorities, and penalties applicable in each jurisdiction. The study highlights the strengths and limitations of India’s SEBI (Prohibition of Insider Trading) Regulations, 2015, in comparison with the more established regulatory regimes of the UK and USA. By analysing international best practices, the paper identifies areas for reform and recommends measures to strengthen India’s insider trading framework. Effective regulation is essential for promoting transparency, protecting investors, and ensuring the stability and credibility of securities markets.