Category: Volume 6 and Issue 9 of 2026

THE EMERGENCE OF PUBLIC PARTICIPATION IN THE FULFILMENT OF ENVIRONMENTAL RIGHTS

AUTHOR – K. BEISUNGIA, RESEARCH SCHOLAR, FACULTY OF LAW, UNIVERSITY OF DELHI

BEST CITATION – K. BEISUNGIA, THE EMERGENCE OF PUBLIC PARTICIPATION IN THE FULFILMENT OF ENVIRONMENTAL RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 369-387, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I941

ABSTRACT:

This article critically aims to assess the significant role of public participation that can be useful in achieving the state governments’ fulfillment of citizens’ environmental rights, also highlighting some of the international development in this field. It also discusses the scope and objectives of public participation for better management of the environmental challenges as well as the fulfillment of environmental rights and how the concerned community participation brings good environmental governance. This article does not attempt to discuss the concept of good environmental governance in general. Yet, it attempted to highlight how the crucial role played by the participation of the public in promoting environmental rights could bring good environmental governance. This article is confined to the process and method of public participation in the protection of environment and management of environmental decision-making for attaining environmental rights. The article contemplates substantive environmental rights within the meaning of human rights and deliberates on the meaningful concept of public participation. The creative role of the judiciary in broadening the meaning and scope of life under Article 21 of the Constitution of India by incorporating a ‘clean and healthy environment’ under the ambit of ‘life” along with the relevant decided cases are discussed in this article. The international organizations, conventions, committees, declarations, etc relating to human rights and the environment concerned are also highlighted for a better understanding of the linkage between the environment and living human beings. The analysis of this article does not ensure its failure or success in real life, which is beyond the objective of this contribution. This article highlighted the majority of Indian context, wherever applicable, to illustrate and reinforce the viewpoints

EVALUATING STANDARD ESSENTIAL PATENTS AND FRAND LICENSING ARRANGEMENTS IN INDIA: LEGAL AND POLICY FRAMEWORKS, JUDICIAL TRENDS IN ENFORCEMENT, IMPACT ON COMPETITION, LICENSING STRUCTURES, EFFECTS ON SMES AND MANUFACTURERS, INTERNATIONAL COMPARISONS, DISPUTE RESOLUTION, TRANSPARENCY INITIATIVES, SOVEREIGN PATENT FUND PROPOSAL, STRATEGIC DIRECTIONS FOR INNOVATION PROMOTION, STRONGER CAPACITY BUILDING, EQUITABLE INTELLECTUAL PROPERTY GOVERNANCE

AUTHOR – SATVEER RATHOR, STUDENT AT AMITY UNIVERSITY MADHYA PRADESH

BEST CITATION – SATVEER RATHOR, EVALUATING STANDARD ESSENTIAL PATENTS AND FRAND LICENSING ARRANGEMENTS IN INDIA: LEGAL AND POLICY FRAMEWORKS, JUDICIAL TRENDS IN ENFORCEMENT, IMPACT ON COMPETITION, LICENSING STRUCTURES, EFFECTS ON SMES AND MANUFACTURERS, INTERNATIONAL COMPARISONS, DISPUTE RESOLUTION, TRANSPARENCY INITIATIVES, SOVEREIGN PATENT FUND PROPOSAL, STRATEGIC DIRECTIONS FOR INNOVATION PROMOTION, STRONGER CAPACITY BUILDING, EQUITABLE INTELLECTUAL PROPERTY GOVERNANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 357-368, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In connecting Internet of Things systems, mobile networks, and smart devices worldwide, standardized technologies play an increasingly important role. Standard Essential Patents protect the key innovations necessary to support essential standards. SEPs spur research and development, as well as empower patent holders with substantial market power. It is important for SEPs to be licensed to others on fair, reasonable, and non-discriminatory (FRAND) terms.

The paper reviews the evolution of the legal and regulatory landscape for SEPs in India. The main takeaway is that the legal framework for SEPs in India has not been clearly delineated and thus the landscape is largely reliant on case law decided by courts of law. Not surprisingly, there is an emerging legal bias favouring patent holders – especially as courts continue to check the efforts of implementers to delay in their strategy to hold-out on patents.

Although this approach strengthens patent rights and disincentivizes opportunistic behaviour, it also presents significant uncertainty and potential barriers to entry for India’s emerging domestic manufacturing and small to medium-sized enterprise (SME) ecosystem. An example of this is the court’s inclination to apply the Entire Market Value Rule (EMVR) to determine royalties owed to patent owners which could lead to excessively high licenses that may dampen competition and innovation.

Based on our findings, this report provides several recommendations for policy. Specifically, it discusses the development of a distinct legal regime for SEPs, clarifying the roles of courts and competition authorities, and initiating government programs, including a developing sovereign patent fund, to support Indian innovators. A fair and transparent SEP regime in place will be crucial for India’s ambition to become a technology leader and innovation hub globally.

Keywords: Standard Essential Patents, SEP Framework, FRAND, Licensing, CCI and SDOs

THE ALGORITHMIC DUE PROCESS: CHALLENGING THE “BLACK BOX” STATE UNDER CONSTITUTIONAL REVIEW

AUTHOR –DEEPA E.* & JEEVARAJA S. D.**

* 2ND YEAR LL.M., DEPARTMENT OF BUSINESS LAW, SCHOOL OF EXCELLENCE IN LAW (SOEL)

** 2ND YR LL.M., DEPARTMENT OF CONSTITUTIONAL LAW AND HUMAN RIGHTS, SCHOOL OF EXCELLENCE IN LAW (SOEL)

BEST CITATION – DEEPA E. & JEEVARAJA S. D., THE ALGORITHMIC DUE PROCESS: CHALLENGING THE “BLACK BOX” STATE UNDER CONSTITUTIONAL REVIEW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 350-356, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I939

Abstract

In the modern digital era, the nature of the “State” is undergoing a silent metamorphosis. Decision-making, once the exclusive province of human bureaucrats, is increasingly being delegated to complex, automated systems—often referred to as the “Black Box State.” In India, this shift is visible in everything from AI-driven welfare exclusion in Telangana to predictive policing in Delhi. While these technologies promise to solve India’s “3E” challenge—Efficiency, Error-reduction, and Elimination of bias—they simultaneously threaten the foundational pillar of constitutional governance: State Accountability. The “Black Box” problem refers to the technical opacity of machine-learning models where the internal logic is invisible even to its creators. This creates a profound constitutional crisis. Under Article 14 (Right to Equality) and Article 21 (Right to Life and Liberty) of the Indian Constitution, the State is prohibited from acting “arbitrarily.” A core requirement of non-arbitrary action is the “Right to a Reasoned Order.” If a citizen is denied a pension or flagged as a criminal suspect by an algorithm, but the State cannot explain the specific variables that led to that outcome, the decision is effectively unchallengeable. This “failure of explanation” violates the principle of Audi Alteram Partem (the right to be heard), as one cannot argue against a logic that remains hidden.

To address this, legal scholars are proposing a multidisciplinary framework known as Algorithmic Due Process. This framework argues that for any State-used AI to be constitutional, it must incorporate Explainable AI (XAI). It shifts the burden of proof: instead of a citizen proving an algorithm is biased, the State must prove it is fair. Strategy-wise, litigants in 2026 are moving away from seeking “bans” on AI and instead seeking “Writs of Mandamus” to compel “Algorithmic Audits.” They argue that “Proprietary Secrecy” cannot override “Constitutional Transparency.” Ultimately, the challenge for the Indian judiciary is to ensure that the move toward a “Digital India” does not result in the “Death of Standards.” By enshrining Algorithmic Due Process, the law can ensure that technology serves as a tool for empowerment rather than a shield for administrative opacity.

Keywords:  Algorithmic Due Process, Black Box State, Artificial Intelligence, Judicial Review, Technological Sovereignty.

CASE COMMENTARY ON BILKIS YAKUB RASOOL V. UNION OF INDIA & ORS.

AUTHOR – SYED UWEZ, STUDENT AT RAMAIAH INSTITUTE OF LEGAL STUDIES

BEST CITATION – SYED UWEZ, CASE COMMENTARY ON BILKIS YAKUB RASOOL V. UNION OF INDIA & ORS., INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 334-339, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I938

Abstract

The Supreme Court in Bilkis Yakub Rasool v. Union of India & Ors., Writ Petition (Crl.) No. 491 of 2022 (8  Jan 2024) quashed Gujarat’s 2022 remission orders for eleven convicts in the 2002 gang‑rape of Bilkis Bano and the murder of 14 members of her family. The Court held the petitions maintainable under Article 32 and clarified that, in transferred trials, the “appropriate government” empowered to consider remission under Section 432(7) CrPC is the State where conviction and sentence were recorded (Maharashtra), not the State where the crime occurred. The remission grants were set aside for jurisdictional error, non‑application of mind and procedural illegality: authorities ignored negative recommendations from the CBI, the trial court and local officials, relied on a rescinded policy, and suppressed material facts. The judgment reaffirmed that executive clemency is amenable to judicial review when exercised arbitrarily, mala fide, or beyond jurisdiction, and emphasized that victims’ interests, constitutional morality and the public interest in accountability must inform remission decisions—particularly in cases of grave sexual and communal violence. The decision strengthens limits on state remission powers, clarifies inter‑state remission jurisdiction, and underscores courts’ role in protecting rule of law and victims’ rights.

Key words: Bilkis Yakub Rasool, remission, murder, violence.

THE FINANCE COMMISSION AND ITS IMPACT ON PUBLIC POLICY: A LONGITUDINAL STUDY

AUTHOR – JEEVARAJA S.D., STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY – SCHOOL OF EXCELLENCE IN LAW (SOEL)

BEST CITATION – JEEVARAJA S.D, THE FINANCE COMMISSION AND ITS IMPACT ON PUBLIC POLICY: A LONGITUDINAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 331-343, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I937

ABSTRACT

The Finance Commission occupies a central position in India’s constitutional framework of fiscal federalism. Established under Article 280 of the Constitution, it functions as an independent constitutional body entrusted with the responsibility of recommending the distribution of financial resources between the Union and the States. Since its inception in 1951, the Finance Commission has evolved from a mechanism primarily concerned with tax devolution and grants-in-aid into an institution addressing complex challenges such as fiscal discipline, local governance, disaster management, environmental sustainability, and cooperative federalism. The recommendations of successive Finance Commissions have significantly influenced public policy by determining the availability of financial resources necessary for implementing developmental programmes and welfare initiatives across the country. This study undertakes a longitudinal examination of the Finance Commission from the First Finance Commission to the Fifteenth Finance Commission. It analyses the constitutional foundations, historical evolution, policy contributions, and changing criteria adopted for intergovernmental fiscal transfers. The paper further evaluates the impact of Finance Commission recommendations on public policy sectors including health, education, infrastructure development, local self-government, disaster management, and regional equity. Particular attention is given to the changing dynamics of fiscal federalism following economic liberalisation, the introduction of the Goods and Services Tax (GST), and the challenges arising from demographic and regional disparities. The study argues that the Finance Commission has played a transformative role in strengthening cooperative federalism and ensuring fiscal justice among States. At the same time, the institution faces significant challenges including overlapping functions with the GST Council and NITI Aayog, political controversies surrounding population-based allocation criteria, and the need to address emerging concerns such as climate finance and digital governance. The paper concludes that while the Finance Commission remains one of the most successful constitutional institutions in India, reforms are necessary to enhance its effectiveness in addressing twenty-first century fiscal challenges and ensuring inclusive and sustainable development.

Keywords: Finance Commission, Fiscal Federalism, Public Policy, Tax Devolution, Cooperative Federalism, Grants-in-Aid, Constitutional Governance.

FORENSIC AUDIO-VIDEO EXAMINATION AND SPEAKER IDENTIFICATION: INVESTIGATIVE AND EVIDENTIARY CHALLENGES IN INDIA

AUTHOR –YAZHINI V, LL.M., DEPARTMENT OF CRIMINAL LAW, TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – YAZHINI V, FORENSIC AUDIO-VIDEO EXAMINATION AND SPEAKER IDENTIFICATION: INVESTIGATIVE AND EVIDENTIARY CHALLENGES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 312-322, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I936

ABSTRACT:

Technology has changed the way of crimes that are committed and investigated nowadays. In recent years, audio and video recordings are playing an important role as a sources of evidence in criminal investigations. CCTV footage, mobile phone recordings, social media videos, online communications, and voice recordings are frequently used by investigating agencies to identify suspects and understand criminal activities.

Forensic audio-video examination helps the experts to analyse, improve, and verify the authenticity of audio and video recordings. Speaker identification helps investigators to identify a person by comparing voice samples and analysing speech characteristics. These techniques are commonly used in cases involving terrorism, kidnapping, cybercrime, organised crime, corruption, extortion, and financial fraud. They assist investigating agencies in identifying the suspects, reconstructing crime scenes, and collecting reliable evidence.

However, the increasing use of digital evidence has also created many challenges. Audio and video recordings can be edited, manipulated, or fabricated using modern software and artificial intelligence. Deepfake technology has made it easier to create fake voices and videos that looks genuine. Issues relating to authenticity, privacy, reliability, and admissibility of electronic evidence have become major concerns in criminal investigations and court proceedings.

This paper examines the role of forensic audio-video examination and speaker identification in criminal investigations in India. It analyses the methods, tools and techniques used in forensic examination, the importance of digital evidence, and the challenges faced by investigators and courts. The paper also discusses the legal framework governing electronic evidence and important judicial decisions relating to admissibility.

Keywords Forensic Audio Analysis, Video Forensics, Speaker Identification, Electronic Evidence, Criminal Investigation.

FOREIGN CONTRIBUTION REGULATION (AMENDMENT) ACT, 2020: BALANCING TRANSPARENCY AND ACCOUNTABILITY

AUTHOR – SAGAR SINGH* & DR. NIKUNJ SINGH YADAV**

* LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – SAGAR SINGH & DR. NIKUNJ SINGH YADAV, FOREIGN CONTRIBUTION REGULATION (AMENDMENT) ACT, 2020: BALANCING TRANSPARENCY AND ACCOUNTABILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 296-311, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Foreign Contribution Regulation (Amendment) Act, 2020^[1] introduced significant changes to India’s regulatory framework governing the acceptance and utilisation of foreign contributions by individuals, associations, and non-governmental organisations (NGOs). The amendment was enacted with the objective of enhancing transparency, accountability, and governmental oversight in the management of foreign funds, while also addressing concerns relating to national security and misuse of foreign contributions. Key amendments include restrictions on transfer of foreign contribution, reduction in permissible administrative expenses, mandatory Aadhaar identification for office bearers, and compulsory opening of designated bank accounts in the State Bank of India, New Delhi branch.

This research paper critically examines the legal and constitutional dimensions of the 2020 amendment and evaluates whether the legislation successfully balances transparency with democratic freedoms. The study analyses the impact of the amendment on NGOs, civil society organisations, and grassroots welfare activities. It further examines judicial interpretation of the amendment, particularly in Noel Harper v. Union of India^[2], where the Supreme Court upheld the constitutional validity of the law while recognising the State’s authority to regulate foreign funding in the interest of sovereignty and public order.

The paper adopts a doctrinal research methodology based on analysis of statutes, judicial decisions, government reports, journal articles, and secondary legal sources. The study concludes that although the amendment strengthens financial accountability and monitoring mechanisms, it also imposes substantial compliance burdens that may adversely affect the functioning and autonomy of civil society organisations. Therefore, a balanced and proportionate regulatory approach is necessary to ensure that accountability measures do not undermine democratic participation, humanitarian work, and freedom of association in India.

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[1] The Foreign Contribution Regulation (Amendment) Act, 2020.

[2] Noel Harper v. Union of India, (2022) 10 SCC 1.

CROSS‑PLATFORM FORENSIC ANALYSIS: FROM AUTONOMOUS SYSTEMS TO PERSONAL DEVICES

AUTHOR – UPASANA GHOSH, ASSISTANT PROFESSOR, DEPARTMENT OF LEGAL SCIENCE, TECHNO INDIA UNIVERSITY.

BEST CITATION – UPASANA GHOSH,CROSS PLATFORM FORENSIC ANALYSIS: FROM AUTONOMOUS SYSTEMS TO PERSONAL DEVICES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 288-295, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Artificial intelligence is rapidly becoming the most important applied science in all sectors of life.  In the same way, the forensic department is also taking benefit from it in various ways. More individuals are realising the importance of AI in everyone’s lives and working hard to comprehend it through digital science, which is now very convenient and available to anyone. Technology can make people’s job easier, but it will never be able to replace humans. Forensic science is an area of forensic experts, and Artificial Intelligence will never be able to reach that level. It will only serve as a supplementary tool to human experts. It implements automation, which saves substantial time and money while allowing investigators to focus more on areas where fraud may occur.  It assists forensics experts with detecting behaviour from massive volumes of unstructured data, such as videos, pictures, emails, and text files. It’s a more dynamic method than rule-based testing, which can only assess fraud risk across a single data set. It eliminates information that might hamper an analytics-aided investigation. AI technology can assist in pattern recognition, such as identifying different components of a single image, detecting patterns in emails and messages, and matching new information with various forms of existing data in system databases. It can also assist detectives in connecting suspect information with existing criminal records and informing them of any past criminal conduct that the suspect in question may have been involved in. With the exponential rate of growth of storage capacity, such as USB, hard drives, optical media, and flash drives, it is getting more difficult for forensic science investigators to store and evaluate

ARTIFICIAL INTELLIGENCE IN ARBITRATION: OPPORTUNITIES AND LEGAL CHALLENGES

AUTHOR – VEDANG KAPOOR* & PROF (DR.) MANISH SINGH**

* RESEARCH SCHOLAR AT DR. RAM MANOHAR LOHIA NATIONAL LAW UNIVERSITY, LUCKNOW

** HEAD OF DEPARTMENT LAW AT DR. RAM MANOHAR LOHIA NATIONAL LAW UNIVERSITY, LUCKNOW

BEST CITATION – VEDANG KAPOOR & PROF (DR.) MANISH SINGH, ARTIFICIAL INTELLIGENCE IN ARBITRATION: OPPORTUNITIES AND LEGAL CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 277-287, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Artificial Intelligence has emerged to be a transformative tool in the field of Alternative Dispute Resolution (ADR), if we talk about particularly arbitrations, then by enhancing procedural efficiency, reducing cost, and giving faster results in resolution of disputes. The integration of AI-driven technologies like predictive analytics, natural language processing, automatic document review, and intelligent case management system has significantly changed the traditional framework of arbitral proceedings. AI has the capability to streamline the procedural activities, assist arbitrators in legal research, improve evidence analysis, and support online dispute resolution mechanisms in cross border dispute resolutions. Therefore, the arbitrators and advocates are adopting the use of AI based tools increasingly to address the growing complexity and numbers of commercial disputes.

Even after having such advantages, the use of AI in arbitrations raises certain legal, ethical and jurisprudential concerns. It raises questions regarding algorithmic biasness, transparency, accountability, confidentiality, cybersecurity, procedural fairness, and the preservation of natural justice principles. The absence of a strict regulatory framework governing AI in arbitration further complicates the issues related to liability and enforceability of arbitral awards which are likely to be influenced by the automated decision-making systems. Secondly, excessive reliability upon AI could become a threat to the human centric arbitration, where judicial reasoning, discretion and contextual interpretation remain essential components of dispute resolution.

This research paper critically examines the opportunities and legal challenges linked with the application of AI in arbitration. The paper analyzes the role of AI within domestic and international arbitration framework, with reference to India and other technologically advanced jurisdiction. The study would further explore that whether the existing arbitration laws, including the Arbitration and Conciliation Act, 1996 and internation arbitration principles, have adequate resources regarding the use of AI-assisted arbitral processes. By studying the benefits and uses with its risk of AI integration, the paper seeks to propose a balanced legal approach that promotes technological innovation while safeguarding fairness, transparency, and procedural integrity in arbitration proceedings.

KEYWORDS: Artificial intelligence (AI), Arbitration, Alternative Dispute Resolution (ADR), Online Dispute Resolution (ODR), Procedural integrity, Legal and Ethical implications, AI-driven technologies, Arbitration and Conciliation Act 1996.

EUTHANASIA IN INDIA: A CONSTITUTIONAL ANALYSIS OF THE RIGHT TO DIE WITH DIGNITY

AUTHOR – DR.RASHA KUMARI PANDA, PH.D LAW, BERHAMPUR UNIVERSITY

BEST CITATION – DR.RASHA KUMARI PANDA, EUTHANASIA IN INDIA: A CONSTITUTIONAL ANALYSIS OF THE RIGHT TO DIE WITH DIGNITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 269-276, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper explores the legal, constitutional, and ethical dimensions of euthanasia in India, examining how the Indian judiciary has interpreted the right to die within the framework of Article 21 of the Constitution, which guarantees the right to life and personal liberty and ethical considerations, and emerging legal challenges. Euthanasia, commonly referred to as “mercy killing,” is one of the most debated medico-legal and ethical issues worldwide. It concerns intentionally ending the life of a person suffering from an incurable or terminal illness to relieve unbearable pain. In India, euthanasia remains a sensitive subject due to legal restrictions, ethical concerns, religious beliefs, and constitutional principles. The Indian judiciary has gradually recognized the concept of the “right to die with dignity,” particularly through landmark Supreme Court judgments that legalized passive euthanasia under strict safeguards. Euthanasia remains one of the most debated legal and ethical issues globally. It involves intentionally ending or permitting the ending of a person’s life to alleviate suffering caused by terminal illness or irreversible medical conditions. India has historically maintained a restrictive approach toward euthanasia because of constitutional values, criminal law provisions, medical ethics, and religious concerns.

Keywords: Euthanasia, Passive Euthanasia, Article 21, Right to Die, Living Will, Constitutional Law.