LIJDLR

Volume III Issue II

BASIC STRUCTURE DOCTRINE- CONSTITUTIONAL, SOCIAL, AND POLITICAL SIGNIFICANCE

Volume III Issue II /

BASIC STRUCTURE DOCTRINE- CONSTITUTIONAL, SOCIAL, AND POLITICAL SIGNIFICANCE Dr Deepakshi Joshi, Principal, Chanakya Law College, Rudrapur, Kumaun University. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.55 The Supreme Court of India established the Basic Structure Doctrine in the landmark judgment of Kesavananda Bharati v State of Kerala in 1973,[1] Creating a fundamental safeguard that protects the essential features of the Indian Constitution from being altered by parliamentary amendments.¹ This doctrine holds significant constitutional, social, and political implications. From a constitutional perspective, it preserves the Constitution’s fundamental identity by ensuring that core values—such as democracy, secularism, and justice—remain inviolable notwithstanding legislative changes. Socially, it affirms the protection of citizens’ fundamental rights and freedoms, thereby playing a vital role in upholding social justice and equality. Politically, the doctrine strengthens the system of checks and balances through judicial review, thus securing the democratic framework of governance. Overall, this principle has profoundly influenced the shaping of India’s democratic ideals, the protection of individual rights, and the maintenance of the balance of power between the judiciary and legislature.  

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REGULATORY INNOVATION OR LEGAL EROSION? INVESTIGATING THE ACCIDENTAL ARBITRAGE CREATED BY GIFT CITY’S DUAL FINANCIAL REGIME

Volume III Issue II /

REGULATORY INNOVATION OR LEGAL EROSION? INVESTIGATING THE ACCIDENTAL ARBITRAGE CREATED BY GIFT CITY’S DUAL FINANCIAL REGIME Devesh, Fourth Year B.Com LL.B. (Hons.) Student at Institute of Law, Nirma University, Ahmedabad Radhika Dinesh, Fourth Year B.Com LL.B. (Hons.) Student at Institute of Law, Nirma University, Ahmedabad Download Manuscript doi.org/10.70183/lijdlr.2025.v03.54 This paper provides a comprehensive analysis of the legal and constitutional ramifications arising from establishing and operating the Gujarat International Finance Tec-City (GIFT City) and its International Financial Services Centre (IFSC). Conceived as a flagship initiative to position India as a global financial hub, GIFT City offers a suite of regulatory exemptions, tax incentives, and operational flexibilities designed to attract international capital and financial institutions. However, the paper argues that these exceptional measures have created a parallel regulatory regime that contrasts India’s unified financial architecture. Through doctrinal and comparative legal analysis, the authors explore how GIFT City’s unique framework facilitates regulatory arbitrage, enabling entities to bypass domestic regulations related to taxation, capital controls, and insolvency. The paper highlights the risks of forum shopping, tax base erosion, and the dilution of investor and creditor protections, drawing on both Indian and international precedents. It further examines the constitutional questions raised by the selective privileges granted to GIFT City entities, particularly about the principles of equality before law, fiscal federalism, and the separation of powers between the legislature and the executive. The study also assesses the broader policy implications of allowing such regulatory enclaves within the Indian legal system, including potential impacts on market integrity, regulatory coherence, and public accountability. In conclusion, the paper offers targeted policy recommendations to reconcile GIFT City’s operational objectives with India’s constitutional and regulatory commitments. These include enhancing transparency, instituting robust economic substance requirements, and ensuring integrated oversight by domestic regulators to prevent the emergence of enclave exceptionalism and to safeguard the integrity of India’s financial and legal systems.

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ANALYISING THE GENDER PAY GAP IN INDIA: EXPLORING CURRENT LEGAL EFFICACY

Volume III Issue II /

ANALYISING THE GENDER PAY GAP IN INDIA: EXPLORING CURRENT LEGAL EFFICACY Minhum Zaidi,Faculty of Law, Integral University, Lucknow, Uttar Pradesh Kashish Upadhyay,Faculty of Law, Integral University, Lucknow, Uttar Pradesh Download Manuscript For centuries, women in India have endured atrocities and injustices in the exercise of social and patriarchal norms. After the independence, legislative laws were enacted to safeguard women’s rights and bring them into the mainstream of society. Discrimination at workplaces, particularly concerning pay discrepancies between genders, has been outlawed in articles 14, 16, and 39 under the Indian Constitution, and the equal pay for equal work principle has been followed in legislative measures aiming to improve the equal representation of women in the economic sector too. Despite such continuing efforts, the gender pay gap in India continues unabated, with women continuing to pocket far fewer earnings than their male counterparts. According to the 2024 edition of the Global Gender Gap Report from the World Economic Forum, India is placed at 129th out of 146 countries with a parity score of 0.641, and Indian women make on average Rs 40 compared to the Rs 100 men earn doing the same job. This paper will look at the effectiveness of gender pay gap legislation through interpreting the judicial pronouncements on the socio-economic landscape, as well as the actual impact of legislation in terms of economic participation. The study makes use of a doctrinal approach by examining the text of the constitution, laws, and major judicial verdicts, as well as looking at empirical data and comparing it with other countries. Such a study would focus on the role of cultural attitudes and social expectations in wage gaps, especially in the informal sector where more females are employed. Ultimately, contributing to the debate over true gender pay equity in India and putting focus on very overarching approaches that include legislative enforcement and societal changes. doi.org/10.70183/lijdlr.2025.v03.53

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A WAY TO RESOLVE THE CORPORATE INSOLVENCY UNDER THE IBC

Volume III Issue II /

A WAY TO RESOLVE THE CORPORATE INSOLVENCY UNDER THE IBC Akash Kumar, CIRP, Moratorium, Insolvency Resolution Professional, Committee of Creditors, Resolution Plan, Adjudicating Authority. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.52 The IBC represents a major overhaul, unifying and revising laws related to corporate, partnership, and individual insolvency and restructuring under a defined timeline. The Corporate Insolvency Resolution Process (CIRP), introduced under the Insolvency and Bankruptcy Code (IBC) of 2016, is designed to assist financially troubled companies by promoting both equitable distribution of assets and potential business revival. This study explores the CIRP framework as outlined in the IBC, detailing its key provisions, procedures, and the eligibility criteria for stakeholders involved in the resolution process. The paper also delves into judicial interpretations of the CIRP, assessing its strengths and limitations. Furthermore, it evaluates the extent to which the CIRP meets its intended goals. The article offers insights into the CIRP’s role within India’s insolvency ecosystem and concludes with recommendations for reform.

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INCLUSION OF MOTHERHOOD: REASSESSING MATERNITY BENEFIT REGIME IN INDIA AND DUTY OF THE STATE

Volume III Issue II /

INCLUSION OF MOTHERHOOD: REASSESSING MATERNITY BENEFIT REGIME IN INDIA AND DUTY OF THE STATE Ritika, LLM, Amity Institute of Advanced Legal Studies, Amity University Noida Adv. Nitin Rawat, B.B.A LL.B, Law College Dehradun, MBA, Lovely Professional University, Punjab Download Manuscript doi.org/10.70183/lijdlr.2025.v03.51 This research critically examines the progressive framework of maternity benefit legislation in India, within a broader social, legal, and developmental context. While the experience of motherhood is inherently personal and biological, it carries substantial legal, economic, and social ramifications, particularly as an increasing number of women participate in the labor market across both formal and informal sectors. The research delineates the historical trajectory of labor rights for women, spanning from pre-constitutional milestones to post-independence reforms that are grounded in constitutional tenets such as equality, dignity, and social justice. The paper further highlights international standards, including those established by the International Labor Organization (ILO) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), highlighting maternity protection as an essential element of gender-responsive social security. It investigates the multifaceted nature of maternity protection, encompassing maternity leave, healthcare, workplace safety, childcare assistance, and monetary benefits, and emphasizes the imperative for inclusive policies that acknowledge both productive and reproductive labor. Particular emphasis is placed on the Maternity Benefit Act and amendments made, as well as centrally sponsored initiatives like the Pradhan Mantri Matru Vandana Yojana (PMMVY), Janani Suraksha Yojana (JSY), and regional programs which seek to provide income security and enhance maternal health. The paper critiques the enduring challenges in implementation and advocates for a universal, inclusive, and enforceable maternity protection framework. One of the most important components of gender-sensitive social protection is maternity protection, which is essential in advancing workplace gender equality through laws and policies. Both national laws and international labor standards have gradually increased maternity protection in recognition of the connection between women’s employment and economic growth. Its two primary goals are to protect the health of expectant mothers and their unborn children and to provide women and their families with financial stability throughout pregnancy.

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GLOBAL PERSPECTIVES ON ALTRUISTIC SURROGACY: ANALYSING THE PROHIBITION IN SELECTED COUNTRIES AND RECOMMENDATIONS FOR LEGALIZATION

Volume III Issue II /

GLOBAL PERSPECTIVES ON ALTRUISTIC SURROGACY: ANALYSING THE PROHIBITION IN SELECTED COUNTRIES AND RECOMMENDATIONS FOR LEGALIZATION Bhuvan Raj A, BBA LLB, 3rd year student at Christ Academy Institute of Law. Simran P Kanchagar, BBA LLB, 3rd year student at Christ Academy Institute of Law. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.50 The study employs a comparative legal analysis, examining surrogacy laws across various jurisdictions, including India, Iceland, Australia, and certain European countries. It also integrates policy analysis and ethical evaluation to assess the impact of bans on altruistic surrogacy. The research likely utilizes qualitative methods, drawing on legal texts, ethical arguments, and case studies to explore the motivations behind these prohibitions. The laws regarding surrogacy vary considerably worldwide, with areas such as India allowing for altruistic surrogacy but banning commercial surrogacy, and countries like Germany, Sweden, Italy, Spain, Norway, and France forbidding both types. This article investigates the ban on altruistic surrogacy in certain jurisdictions, as well as the reasons behind its prohibition, advocating for pushback against such laws in favour of altruistic surrogacy as a necessary ethical alternative to unregulated commercial practices. Despite the significant negative public health consequences[1] Of such policies, altruistic surrogacy is subject to blanket bans, even though evidence suggests that prohibitive policies.[2] Not only fail to reduce the demand for altruistic surrogacy, but they also exacerbate the issues they seek to address by fuelling cross-border reproductive tourism and ethical risks. The article argues that banning altruistic surrogacy does not eliminate demand but instead drives intended parents toward unregulated international surrogacy, leading to ethical and public health risks. It challenges such prohibitions, advocating for altruistic surrogacy as a regulated and ethical alternative to commercial surrogacy. The study highlights how fears of commodification, exploitation, and moral concerns shape restrictive policies while failing to address the realities of surrogacy demand.  

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WHITE-COLLAR CRIME AND SENTENCING DISPARITIES: A LEGAL AND SOCIAL ANALYSIS

Volume III Issue II /

WHITE-COLLAR CRIME AND SENTENCING DISPARITIES: A LEGAL AND SOCIAL ANALYSIS Parth Sarthi Rao, BBA LLB/ 4th Year/ 8th Semester Student at Christ (deemed to be University), Bangalore. Riddhi Gupta, BBA LLB/ 4th Year/ 8th Semester Student at Christ (deemed to be University), Bangalore. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.49 This research paper aims to critically analyse the disparity in legal outcomes and public perception between white-collar crimes and street crimes, with a specific focus on the implications of socioeconomic factors, access to legal resources, and judicial discretion in the enforcement of justice. In order to investigate the systemic leniency extended towards white-collar criminals in contrast to the harsher penalties imposed on street-level offenders, a doctrinal approach has been adopted, relying extensively on secondary sources such as court judgments, sentencing reports, and scholarly commentary. Through this method, the author examines how the perception of white-collar crime as non-violent, coupled with the offenders’ social status and access to high-quality legal counsel, results in more favourable sentencing outcomes within the criminal justice system.  The research further explores how mechanisms such as plea bargaining and judicial discretion often deepen sentencing disparities, reinforcing existing socioeconomic bias and institutional inequality. Relying on comparative case analysis including the Satyam scandal, the Enron collapse, and Bernie Madoff’s Ponzi scheme—the paper underscores how corporate crime often escapes proportionate legal consequences despite the immense societal harm it causes.  The author argues that the existing legal framework not only erodes public trust in justice but also fails to uphold the principle of equal accountability. Consequently, this paper advocates for stricter sentencing guidelines, a reevaluation of prosecutorial discretion, and increased public awareness to ensure equitable enforcement of law across all socioeconomic strata.

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THE GIG ECONOMY AND COMPETITION LAW: A FRAMEWORK FOR CURBING PLATFORM-BASED MARKET ABUSE

Volume III Issue II /

THE GIG ECONOMY AND COMPETITION LAW: A FRAMEWORK FOR CURBING PLATFORM-BASED MARKET ABUSE Mohan Kumar N, LLM Student, Amity Law School, Amity University, Bengaluru. Jyotirmoy Banerjee, Assistant Professor, Amity Law School, Amity University, Bengaluru. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.48 The proliferation of digital platforms has revolutionized labor markets through the gig economy model. This paper examines the intersection of India’s competition law framework with platform-based labor markets. It analyzes how dominant platforms exercise substantial market power in ways that may constitute abuse. The Indian Competition Act, 2002, and the proposed Digital Competition Law have yet to fully address platform-specific challenges. These platforms frequently exhibit winner-takes-all dynamics through network effects and data aggregation advantages. Worker misclassification further compounds competitive distortions by enabling cost advantages through regulatory arbitrage. This research explores how algorithmic management systems create information asymmetries that disadvantage both workers and consumers. It proposes a specialized regulatory framework addressing the unique characteristics of platform markets. The paper advocates a two-pronged approach: adapting competition law doctrines to platform contexts and developing platform-specific regulations. Additionally, it examines worker classification reforms to eliminate unfair competitive advantages. Drawing comparisons with international approaches like the EU Digital Markets Act, this study contributes to the developing jurisprudence on platform regulation in India. Policy recommendations focus on enhancing algorithmic transparency, establishing gatekeeper criteria, and improving regulatory oversight to curb anticompetitive practices in India’s rapidly evolving digital ecosystem.

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POWER IMBALANCES AND FAIRNESS IN STANDARD FORM CONTRACTS: A CRITICAL ANALYSIS OF PROFESSIONAL SPORTS AGREEMENTS

Volume III Issue II /

POWER IMBALANCES AND FAIRNESS IN STANDARD FORM CONTRACTS: A CRITICAL ANALYSIS OF PROFESSIONAL SPORTS AGREEMENTS Rajeeb Kumar, LLM Student at Gujarat National Law University. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.47 This research paper critically examines standard form contracts in professional sports, analyzing their structural inequities and impact on athlete rights. The study reveals how these standardized agreements create power imbalances that systematically disadvantage athletes, particularly rookies, women, and those in developing markets. Through legal analysis and comparative case studies, the paper identifies three key issues: restrictive compensation structures limiting earning potential, gender disparities in contract terms, and invasive clauses governing personal data and conduct. The research compares contractual systems across North America, Europe, and emerging markets, highlighting varying approaches to athlete protections. The analysis explores landmark legal cases that have reshaped contract norms and examines emerging challenges from digital technologies and globalization. Findings demonstrate critical gaps in current frameworks, particularly regarding data privacy, mobility restrictions, and pandemic-related contingencies. The study proposes practical reforms, including modular contract designs, enhanced collective bargaining, and regulatory safeguards to balance efficiency with fairness. Concluding with a forward-looking model, the research emphasizes transparent negotiations, equitable risk distribution, and career sustainability.

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CRITICAL ANALYSIS ON THE GLOBAL PERSPECTIVES OF CORPORATE DOMINANCE AND TAKEOVER CODES: INSIGHTS FROM INDIA, USA & UK

Volume III Issue II /

CRITICAL ANALYSIS ON THE GLOBAL PERSPECTIVES OF CORPORATE DOMINANCE AND TAKEOVER CODES: INSIGHTS FROM INDIA, USA & UK Swetha Sureshkumar, BBA LLB (H), Amity University Dubai Download Manuscript doi.org/10.70183/lijdlr.2025.v03.46 The paper aims to conduct a comprehensive doctrinal legal analysis of takeover codes, examining both Indian and global perspectives. Takeover regulations play a crucial role in corporate governance and market dynamics, impacting stakeholders ranging from investors to the company’s management etc. This paper reviews many instruments of governance and how they safeguard shareholder interests. The SEBI (SAST) Regulations of 2011 and the Companies Act of 2013 are the main governing regulations for corporate takeovers in India. The City Code on Takeovers and Mergers governs it in the UK. Takeovers are subject to state and federal regulations in the US, pertaining to corporation law and securities and antitrust laws, respectively. Financial institutions adopted corporate policies and reformed the Indian business sector. Over the past twenty years, corporate takeovers have started to gather popularity in India as well.

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