LIJDLR

Volume III Issue II

CONSENT MECHANISMS UNDER THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023: A COMPARATIVE LEGAL ANALYSIS WITH GDPR AND CCPA/CPRA

Volume III Issue II /

CONSENT MECHANISMS UNDER THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023: A COMPARATIVE LEGAL ANALYSIS WITH GDPR AND CCPA/CPRA Vedant Raj Chaurasiya,BBA LLB (Final Year – X Sem.), Amity Law School, Amity University Madhya Pradesh Download Manuscript doi.org/10.70183/lijdlr.2025.v03.61 Consent remains a foundational pillar in contemporary data protection frameworks, yet its normative basis, scope, and enforceability vary significantly across jurisdictions. India’s enactment of the Digital Personal Data Protection Act, 2023 (DPDP Act) signals a shift towards a consent-centric model, but this framework departs in meaningful ways from the paradigms established under the European Union’s General Data Protection Regulation (GDPR) and California’s Consumer Privacy Act (CCPA), as enhanced by the California Privacy Rights Act (CPRA). This paper conducts a structured comparative and doctrinal analysis to examine how each of these regimes conceptualizes consent, the role of enforcement mechanisms, and the degree of autonomy afforded to individuals. The GDPR situates consent within a rights-based approach, requiring it to be freely given, informed, specific, and revocable—supported by institutional safeguards like independent data protection authorities and mandatory risk assessments. Conversely, the CCPA/CPRA reflects a consumer-choice model where transparency and opt-out functionality dominate, with consent obligations emerging only in limited scenarios. The DPDP Act, though framed around consent, weakens its efficacy by introducing expansive “deemed consent” provisions and lacking critical oversight tools such as mandatory Data Protection Impact Assessments (DPIAs) or a fully independent regulatory authority. The analysis further explores the consequences of this design on India’s cross-border data transfer capability, especially its divergence from GDPR adequacy standards. Arguing for the evolution of a consent-plus architecture, this paper recommends enhancements such as fiduciary accountability, dynamic and context-sensitive consent models, and user interfaces tailored to India’s socio-linguistic diversity. These interventions are imperative for strengthening user autonomy, enhancing legal coherence, and enabling India’s data regime to stand alongside global best practices in digital rights governance.

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RIGHTS OF GIG – PLATFORM WORKERS AND SUSTAINABLE DEVELOPMENT GOALS

Volume III Issue II /

RIGHTS OF GIG – PLATFORM WORKERS AND SUSTAINABLE DEVELOPMENT GOALS Dr. S. Vijayalakshmi,HOD, Bharat Institute of Law, Chennai Sai Prarthana M, 4th Year Student, School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.60 With the global growth of gig platforms, a non-standard form of employment has now emerged. The traditional employer-employee relationship and its permanence are absent. This economy has created a new form of workers. They are considered freelance workers who work as and when the demand arises from the consumers. The essential aspect of this economy is the work on digital platforms. In gig work, the consumers would demand labour digitally through apps. These digital platforms would create millions of jobs around the world. Recently, in June 2022, the NITI AYOG released its latest report, ‘India’s Booming Gig and Platform Economy – Perspectives and Recommendations of the Future of Work’ – which exhibited a detailed analysis of the economy’s growing significance in India. Further, the report has outlined the road map to achieve especially 8th Goal of SDG for Decent work and Employment Growth to all. Though India has interfaced with gig–platform work to boost the economy with greater fervour during the Corona period, yet, the policy and legislations are at an infant stage and yet to be formulated and finalized. Meanwhile, the age-old labour legislations are undergoing a sea change in the name of simplifying them. The new codes on Wages, Industrial Relations, Social Security, and Occupational Safety and Health have yet to be appropriately enacted, and rules need to be established by the Central and State governments for the protection of the rights of employees. Ultimately, the goal is to achieve the Sustainable Development Goals, by the UN and the ILO for better and sustainable legislations pertaining to labour law. India has already outlined the road map to the 8th Goal of SDG. The SDGs do matter in developing sustainable communities when focused on their achievement in India. We are at the earliest stage towards making in policy for gig/platform workers as they are going to occupy the Indian economy at a greater level.

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GST ON ONLINE GAMING AND DIGITAL SERVICES: A COMPREHENSIVE ANALYSIS

Volume III Issue II /

GST ON ONLINE GAMING AND DIGITAL SERVICES: A COMPREHENSIVE ANALYSIS Neha, SYMBIOSIS LAW SCHOOL, NOIDA Vaibhav Garg,SYMBIOSIS LAW SCHOOL, NOIDA Download Manuscript doi.org/10.70183/lijdlr.2025.v03.59 The rapid advancement of the digital era has significantly elevated the role of online gaming and digital services in India’s economy. With the introduction of the Goods and Services Tax (GST) on July 1, 2017, the Indian government aimed to establish a unified indirect tax regime. However, its application to the digital economy especially to online gaming has sparked intense legal and policy debates. The adoption of GST has brought substantial changes to the tax landscape for digital and online gaming sectors. A major turning point came with the 28% GST imposed on the full-face value of bets, equating skill-based gaming with gambling and betting. This decision, based on Rule 31A (3) of the CGST Rules, 2017 and recent October 2023 legislative amendments, led to a 412% surge in tax revenue, reaching ₹6,909 crore in just six months. [1]The constitutional validity of this framework is currently under scrutiny in GST Intelligence Directorate v. Games kraft Technologies (P) Ltd., 2023 SCC OnLine SC 1254[2]. This paper explores the effects of GST on these industries by analysing its evolution, regulatory structure, key challenges, supporting legal provisions, economic implications, stakeholder perspectives, and potential future developments.

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M/S V.S. PRODUCTS VS. UNION OF INDIA [2022 (1) TMI 380 (KARNATAKA HIGH COURT)]

Volume III Issue II /

M/S V.S. PRODUCTS VS. UNION OF INDIA [2022 (1) TMI 380 (KARNATAKA HIGH COURT)] Akshara Gupta, SCHOOL OF LAW, GALGOTIAS UNIVERSITY Download Manuscript doi.org/10.70183/lijdlr.2025.v03.58 This case comment examines the Karnataka High Court’s decision in M/S V.S. Products v. Union of India, considering the constitutional validity of charging Central Excise Duty along with Goods and Services Tax (GST) on tobacco products after the adoption of the GST regime in India. The petition, by a manufacturer of tobacco, objected to the twin levy as being contrary to Articles 14, 19(1)(g), and 265 of the Constitution on the ground that GST had absorbed excise duty on goods. The Union of India justified the twin levy, contending that excise duty is levied on manufacture, whereas GST is on supply, hence different taxable events. The court supported the viability of both levies, underlining that the 101st Constitutional Amendment and Article 246A don’t repeal Parliament’s power under Entry 84 of the Union List to continue imposing excise duty on some commodities, like tobacco. The ruling reiterates the principle that several taxes can coexist if they rest upon different taxable events and legislative authority. It also makes it clear that double taxation is not in and of itself unconstitutional unless arbitrary or discriminatory treatment is the result. The decision has far-reaching implications for India’s constitutional structure of indirect taxation, particularly in balancing new GST powers and reserved taxation jurisdiction under the old entries of the Union List.

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BRIDGING THE DIVIDE: ADDRESSING THE GAP BETWEEN DEVELOPED AND DEVELOPING NATIONS IN INTERNATIONAL ENVIRONMENTAL LAW

Volume III Issue II /

BRIDGING THE DIVIDE: ADDRESSING THE GAP BETWEEN DEVELOPED AND DEVELOPING NATIONS IN INTERNATIONAL ENVIRONMENTAL LAW Bhagesh Gupta, Law Student. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.57 This study explores the systematic legal and financial imbalance that hinders equitable participation in international environmental law. International environmental law allows nations to work together to address issues such as pollution, climate change, and loss of biodiversity. The Stockholm Conference of 1972, the Rio Conference of 1992, and the Paris Agreement of 2015 are examples of treaties that have made provisions for sustainable development and the protection of the environment. Owing to differences in the monetary and non-monetary resources, developed and developing countries are still not on par. Developed countries tend to invest in renewable sources of energy, the latest technologies on waste management, and tech innovations, but developing markets have limited range in some of these areas, as they rely on traditional energy, and have poorer infrastructure and economic resources. The study highlights the role of funding innovation, sharing, and institutional partnerships in bridging the gap. Closing this gap requires sustainable coalitions such as financial support, technology transfer, and infrastructure provision. The Green Climate Fund and other development approaches, such as public-private partnerships, can assist the underdeveloped economy to acquire the required resources to foster ecologically sustainable practices. Debt-for-nature swaps and taxation incentives can also bolster investments in ecology.

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ARTIFICIAL INTELLIGENCE AND COPYRIGHT LAW: NAVIGATING THE INTERSECTION OF INNOVATION AND INTELLECTUAL PROPERTY RIGHTS IN THE DIGITAL AGE

Volume III Issue II /

ARTIFICIAL INTELLIGENCE AND COPYRIGHT LAW: NAVIGATING THE INTERSECTION OF INNOVATION AND INTELLECTUAL PROPERTY RIGHTS IN THE DIGITAL AGE Suryansh Mishra, Symbiosis Law School, Nagpur Download Manuscript doi.org/10.70183/lijdlr.2025.v03.56 Issues protecting intellectual property have not been more challenging than when it comes to copyright law and artificial intelligence. The current trend in the use of artificial intelligence has caused unprecedented concerns in the copyright legislative sector. The mixed-method research approach applied in this paper implies the combination of doctrinal legal analysis and empirical investigation of the recent trends in litigation and regulating changes. This paper seeks to discover the current legal context surrounding the creation of AI-generated work through systemic examination of court submissions, regulatory papers, and industry briefings and provides a framework to which the fundamental questions of copyrightability, fair use and infringement of machine learning training data revolve around. Based on an examination of current legal proceedings, regulatory trends, and new jurisprudential components, the author discusses the ways in which old paradigms of copyright are changing to meet the unprecedented challenges that AI systems potentially offer in terms of creation, editing, and dissemination of content in massive quantities. Such a complex legal environment is identified to exist, as revealed in the research, where courts are taking a swing at core issues surrounding authorship, originality, among other outstanding issues touching on the free use of AI training. The category of research methodologies to be undertaken involves the analysis of more than 150 cases currently in litigation in a variety of jurisdictions and examination of regulatory frameworks in the United States, European Union, and other key jurisdictions, as well as the assessment of industry practices and technological solutions to the problem. The analysis will give an idea about the emerging trends in legal standards, possible ways of solving the issue, and the consequences of creators, technology companies, and people working in the law profession who operate in this changing environment.

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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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