LIJDLR

Volume III Issue IV

CARBON AT THE BORDER: THE EFFECT OF THE EU’S CARBON BORDER ADJUSTMENT MECHANISM ON INDIA’S EXPORT COMPETITIVENESS

Volume III Issue IV /

CARBON AT THE BORDER: THE EFFECT OF THE EU’S CARBON BORDER ADJUSTMENT MECHANISM ON INDIA’S EXPORT COMPETITIVENESS Chinju Kuruvilla, LLM- Corporate and Commercial Law Student, Christ University, Bangalore, Karnataka Download Manuscript doi.org/10.70183/lijdlr.2025.v03.230 The European Union’s Carbon Border Adjustment Mechanism (henceforth referred to as CBAM), introduced as part of the European Green Deal is one of the most ambitious attempts at combining trade and climate regulations. While the EU has implemented CBAM to prevent carbon leakage, its implication for developing economies like India has not only been legally contentious, but also of economic importance. The article critically analyses the question of whether CBAM is compatible with the principles of the World Trade Organization (WTO) framework and, in particular, with the General Agreement on Tariffs and Trade (GATT) and its exceptions under Article XX of GATT. It further analyses the implications of CBAM on the Indian steel sector, the aluminium and iron sectors, which make up a large portion of Indian exports into EU, focussing on compliance challenges in the area of emissions reporting, infrastructure and institution readiness. Through a doctrinal and comparative analysis of the law, the article examines India’s current carbon regulatory framework and Carbon Credit Trading Scheme and the absence of a national carbon tax. It contends that India faces both a trade risk and an opportunity- either to have a passive reaction to the cost structures caused by CBAM, or to introduce a proactive carbon pricing strategy that could place national interests in consonance with the structure of global climate-trade governance.

CARBON AT THE BORDER: THE EFFECT OF THE EU’S CARBON BORDER ADJUSTMENT MECHANISM ON INDIA’S EXPORT COMPETITIVENESS Read More »

MISUSE OF STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION (SLAPP) IN INDIA: NEED FOR ANTI-SLAPP LEGISLATION

Volume III Issue IV /

MISUSE OF STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION (SLAPP) IN INDIA: NEED FOR ANTI-SLAPP LEGISLATION Rafiya Nazneen, LLM Corporate and Commercial Law, Christ Deemed to be University, Bangalore Download Manuscript doi.org/10.70183/lijdlr.2025.v03.229 Strategic Lawsuits Against Public Participation (SLAPPs) are becoming more recognized as a potent tool of legal harassment, as corporations, powerful people, and state officials are now using it to silence dissent and discourage legitimate public activism. SLAPPs can be characterized as a tool that is used to exert not only financial but also psychological pressures on activists, journalists, and civil society organizations, as opposed to being a legitimate legal complaint. This paper critiques the scenario of India of misusing of SLAPPs, where the lack of sufficient defamation laws, the lengthy legal process, and unequal access to justice further intensify their chilling effect on free speech and political participation. Comparative analysis of anti-SLAPP laws in various jurisdictions, such as the United States, Canada as well as the nations in Europe, and South Africa, clarifies the variety of legislative and judicial approaches that may be used to guard civic activity. The paper notes the existing legal gaps in India that enable the continuation of SLAPPs and suggests that an effective anti-SLAPP framework based on constitutional protections to free speech, judicial effectiveness, and protection of litigation in the public interest can be implemented. The suggested structure aims to reconcile the rights of individual reputation and the right to criticize as a collective entity to strengthen the democratic spirit of India. 

MISUSE OF STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION (SLAPP) IN INDIA: NEED FOR ANTI-SLAPP LEGISLATION Read More »

RECONCEPTUALIZING THE LEGAL STATUS OF ANIMALS IN INDIA: FROM WELFARE TO RIGHTS-A CONSTITUTIONAL AND JUDICIAL ANALYSIS WITH SPECIAL REFERENCE TO STREET DOGS

Volume III Issue IV /

RECONCEPTUALIZING THE LEGAL STATUS OF ANIMALS IN INDIA: FROM WELFARE TO RIGHTS-A CONSTITUTIONAL AND JUDICIAL ANALYSIS WITH SPECIAL REFERENCE TO STREET DOGS Neha Singh Ranpuria, Research Scholar at Vikrant University Madhya Pradesh, (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.228 The historical Indian legal regulation of animals has been based on a welfare-based model that considers animals as passive subjects of human sympathy and not as entities that possess their own legal rights. But current constitutional and judicial events suggest a slow but steady change towards treating animals with dignity, intrinsic worth and limited legal status as sentient beings. The paper critically reviews the changing legal status of animals in India by performing a historical analysis of how animal welfare approach has been replaced by an emerging approach of rights-based approach, with particular reference to a case of street dogs as a focal point of constitutional and judicial debates. The research paper will use a doctrinal and analytical approach to study the constitutional clauses, especially Articles 21, 48A and 51A (g) of the Indian Constitution, as well as the major judicial decisions of the Supreme Court and other High Courts. Cases like Animal Welfare Board of India v. A. Nagarajas, and other decisions on the management of street-dogs are discussed to show how the Indian courts have broadened the definition of the right to life and dignity beyond human beings. Using street dogs as an example, the paper brings out the intricate interface between animal rights, communal security, city regulation and constitutional morality. This paper explains that Indian courts have been critical in constitutionalizing animal rights using purposive interpretation that defeats the anthropocentric nature of the conventional animal welfare laws. However, it finds that there are still unsolved doctrinal ambiguities, inconsistent application of judicial precedence, and difficulties in enforcement that restrain optimal implementation of animal rights. The work has ended with a strong point that a consistent legal framework of rights must exist which balances human interests with constitutional pity towards non-human life.

RECONCEPTUALIZING THE LEGAL STATUS OF ANIMALS IN INDIA: FROM WELFARE TO RIGHTS-A CONSTITUTIONAL AND JUDICIAL ANALYSIS WITH SPECIAL REFERENCE TO STREET DOGS Read More »

DOMESTIC VIOLENCE AGAINST WOMEN: A SOCIO LEGAL PERSPECTIVE

Volume III Issue IV /

DOMESTIC VIOLENCE AGAINST WOMEN: A SOCIO LEGAL PERSPECTIVE Dr. Arun Shrivastava, Dean faculty of law Patliputra University, Director Bihar institute of law, (India) Dr. Farhat Jabeen, Assistant professor, professor Incharge in Bihar institute of law Patna, (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.227 Domestic violence against women is a widespread violation of human rights, illustrating the entrenched gender inequality and patriarchal frameworks within society. It includes various forms of abuse physical, psychological, sexual, emotional, and economic perpetuated in domestic settings, typically by intimate partners or family members. From a sociological viewpoint, domestic violence is perpetuated by cultural standards, power disparities, economic reliance, low literacy levels, and social stigmas that deter women from reporting such abuse. The processes of socialization and longstanding traditions often validate violence and silence victims, which exacerbates the issue. Legally, numerous national and international frameworks aim to prevent domestic violence and uphold women’s rights. In India, measures like the Protection of Women from Domestic Violence Act, 2005, along with sections of the Indian Penal Code, are designed to offer civil and criminal remedies, such as protective orders, rights to residence, and maintenance. Despite these protective laws, challenges in implementation, lack of awareness, procedural delays, and societal pressures frequently hinder their effectiveness. These abstract underscores the necessity for a comprehensive socio-legal strategy that combines legal enforcement with social reforms, awareness initiatives, victim support systems, and empowerment programs. Tackling domestic violence requires not only robust legal measures but also significant shifts in societal attitudes to guarantee justice, dignity, and equality for women.

DOMESTIC VIOLENCE AGAINST WOMEN: A SOCIO LEGAL PERSPECTIVE Read More »

K.M. NANAVATI V. STATE OF MAHARASHTRA: CRIMINAL APPEAL NO. 195 OF 1960

Volume III Issue IV /

K.M. NANAVATI V. STATE OF MAHARASHTRA: CRIMINAL APPEAL NO. 195 OF 1960 Yashika, University institute of legal studies, Panjab University, Chandigarh (India) Yashdeep Kaur, University institute of legal studies, Panjab University, Chandigarh (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.226 This analysis proposes a re-examination of the K. M. Nanavati case (AIR 1962 SC 605) which was based on the doctrine of the law, and it asks if the action of the accused in killing Prem Ahuja on April 27, 1959, with the Supreme Court delivering judgment on November 24, 1961, and asks whether the accused’s action could be properly mitigated from murder to homicide not amounting to murder. This study uses a targeted doctrinal methodology in the examination of the trial documents, such as the trial transcripts, the reference made by the High Court under the provisions of CrPC s. 307, as well as the Supreme Court Judgment, coupled with secondary sources. The purpose of this article is to provide a hermeneutic interpretation that is critically directed against the “reasonable person’ test as well as the immanence of passion as exemplified in the Supreme Court Judgment, in making the determination of the allotment of the burden as well as the doctrine of provocation. Some salient points that come out are that the Court insisted on a sufficiently proximate causal link between the provocation and the deadly act; it introduced an objective test which contained Exception 1; and its incursion into the jury verdicts triggered the eventual removal of juries in India. Towards the conclusion of the article, the case is considered in terms of its impact on the law of provocation and the relation between judicial review and executive clemency. The paper traces the evolution of the case through the narrating of the factual matrix, doctrinal review, and potential reforms.

K.M. NANAVATI V. STATE OF MAHARASHTRA: CRIMINAL APPEAL NO. 195 OF 1960 Read More »

DIGITAL ASSETS AND THE LAW: AN INDIAN PERSPECTIVE WITH COMPARATIVE LESSONS FROM THE US AND UAE

Volume III Issue IV /

DIGITAL ASSETS AND THE LAW: AN INDIAN PERSPECTIVE WITH COMPARATIVE LESSONS FROM THE US AND UAE Tassaduq Hussain, Fourth-Year, B.A.LL. B (Hons.) Student, School of Law, University of Kashmir, Srinagar, J&K (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.225 Digital assets have rapidly emerged as a defining feature of the global financial ecosystem. Cryptocurrencies, stablecoins, non-fungible tokens (NFTs), and Central Bank Digital Currencies (CBDCs), all rooted in blockchain technology, are reshaping our understanding of value, ownership, and financial systems. In India, while adoption has surged, the regulatory and legal framework remains fragmented, reactive, and ambiguous. Against this backdrop, the research highlights India’s lack of a coherent, innovation-positive legal framework that strikes a balance between financial stability and technological growth. Employing a doctrinal and comparative methodology, the study examines statutes, case law, regulatory notifications, and scholarly commentary. It reviews existing literature to highlight the research gap and situates India’s regulatory efforts within an international context. The analysis reveals that while India focuses primarily on taxation and anti-money laundering measures, the US prioritises investor protection through enforcement, and the UAE fosters innovation through structured classifications and licensing. The paper concludes that India must adopt a hybrid model that combines clarity in classification, coordinated regulation, investor safeguards, and regulatory sandboxing. Such a framework will not only mitigate risks but also enable India to emerge as a leading jurisdiction in digital asset regulation.

DIGITAL ASSETS AND THE LAW: AN INDIAN PERSPECTIVE WITH COMPARATIVE LESSONS FROM THE US AND UAE Read More »

COMPETENCE-COMPETENCE IN COMMERCIAL ARBITRATION: ARBITRAL AUTONOMY AND JUDICIAL INTERVENTION IN CHINESE AND INTERNATIONAL PRACTICE

Volume III Issue IV /

COMPETENCE-COMPETENCE IN COMMERCIAL ARBITRATION: ARBITRAL AUTONOMY AND JUDICIAL INTERVENTION IN CHINESE AND INTERNATIONAL PRACTICE Daila Alexis Yezoulayom, International Law LL.M Student at Central University of Finance and Economics, Beijing China Download Manuscript doi.org/10.70183/lijdlr.2025.v03.224 The paper argues that the competence-competence principle has become a structural cornerstone of commercial arbitration, yet its operation remains uneven across legal systems and between its positive and negative effects. It first traces the historical and doctrinal genealogy of competence-competence and its close relationship with separability, showing how continental European theory, the UNCITRAL Model Law, case law in the US and UK, and leading scholarship together construct a conceptual framework that empowers arbitral tribunals to rule on their own jurisdiction while postponing full judicial control. It then analyzes how this framework is embodied in key international instruments and in the legislation and practice of France, Germany, the United States and China, highlighting particularly the divergent strength of the “rule of priority” or negative effect in channeling courts toward prima facie rather than full review at the gateway stage. Using a doctrinal and empirically informed comparative method, the study shows that China’s current regime still gives courts and institutions a structurally privileged role in jurisdictional questions, which weakens both the positive and negative effects of competence-competence despite formal recognition in statutes and arbitral rules.  We suggest that a calibrated strengthening of the negative effect through a clearer priority rule in favor of arbitral tribunals, combined with targeted, post-award judicial review, as a way to better reconcile party autonomy, procedural efficiency and judicial legitimacy in Chinese and international commercial arbitration.

COMPETENCE-COMPETENCE IN COMMERCIAL ARBITRATION: ARBITRAL AUTONOMY AND JUDICIAL INTERVENTION IN CHINESE AND INTERNATIONAL PRACTICE Read More »

STRATEGIC POLICY FRAMEWORK FOR MANAGING HYBRID WORK FORCE: CHALLENGES AND OPPORTUNITIES

Volume III Issue IV /

STRATEGIC POLICY FRAMEWORK FOR MANAGING HYBRID WORK FORCE: CHALLENGES AND OPPORTUNITIES Baibhab Datta, Student of Semester Seven, Institute of Chartered Financial Analysts of India (ICFAI), Hyderabad (TELENGANA), India Download Manuscript doi.org/10.70183/lijdlr.2025.v03.223 The post-pandemic evolution of work structure has given rapid evolution of the modern workplace, accelerated by digital transformation and the post-pandemic paradigm shift, which has given rise to the hybrid workforce, combining remote and in-office work arrangements to create flexible operational frameworks. The COVID-19 pandemic acted as a catalyst, compelling organisations to adopt flexible models that surpass traditional office boundaries. This research examines the strategic policy framework required for managing a hybrid workforce with a focus on identifying critical challenges, including communication barriers across distributed teams, technological infrastructure inadequacies, and cybersecurity vulnerabilities in distributed work environments, compliance complexities with evolving labour laws and data protection regulations, such as the Indian Labour Codes and General Data Protection Regulation (GDPR). The paper also examines how strategic human resources policies, reinforced by legal compliance and digital governance, can mitigate these challenges while promoting inclusivity and productivity. Different types of work models show HR and leaders how to implement flexible arrangements that not only enhance employee engagement and satisfaction but also contribute to overall business performance, including cost optimisation, access to a diverse talent pool, improved employee satisfaction, and enhanced sustainability through reduced infrastructure dependency. This research aims to develop a practical and inclusive framework that combines strategic and legal approaches to manage hybrid workforces more effectively, focusing on overcoming regulatory, managerial and technological challenges. 

STRATEGIC POLICY FRAMEWORK FOR MANAGING HYBRID WORK FORCE: CHALLENGES AND OPPORTUNITIES Read More »

THE CORPORATE VEIL IN REVERSE: A COMPARATIVE ANALYSIS AND A CASE FOR CODIFIED REFORM IN INDIA

Volume III Issue IV /

THE CORPORATE VEIL IN REVERSE: A COMPARATIVE ANALYSIS AND A CASE FOR CODIFIED REFORM IN INDIA Gautam Bhatia, Associate at Status Quo Legal, (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.222 The principle of separate corporate personality, a cornerstone of modern commerce, has long been protected by a conceptual “veil” separating the entity from its members. While the traditional piercing of this veil to hold shareholders liable for corporate debts is a well-established, if inconsistently applied, doctrine, its corollary—reverse piercing—remains far more controversial. This doctrine, which holds a corporation liable for the debts of its controlling shareholders, presents a profound challenge to corporate law’s foundational tenets of entity shielding and separate patrimony. This article undertakes an exhaustive comparative analysis of the judicial treatment of reverse piercing across three key common law jurisdictions: the United States, the United Kingdom, and India. It demonstrates a significant and hardening divergence in judicial approaches. The United States exhibits a pragmatic but increasingly fractured and entity-dependent jurisprudence, while the United Kingdom has, following the landmark decision in Prest v. Petrodel Resources Ltd., adopted a highly restrictive “evasion principle” that has rendered the doctrine nearly obsolete. In contrast, India’s judiciary and tribunals, driven by the economic exigency of large-scale corporate fraud and mounting non-performing assets, are developing functional equivalents to reverse piercing through ad-hoc mechanisms in insolvency and arbitration law. This article argues that these global trends, particularly the move towards judicial conservatism in the US and UK, coupled with India’s unique economic challenges, create a compelling imperative for legislative intervention. It concludes by proposing the codification of a clear, safeguarded “Trigger Test” in India a framework designed not to weaken the corporate veil, but to reinforce its integrity by ensuring it serves as a shield for legitimate enterprise, not a cloak for fraud.

THE CORPORATE VEIL IN REVERSE: A COMPARATIVE ANALYSIS AND A CASE FOR CODIFIED REFORM IN INDIA Read More »

CORPORATE GOVERNANCE REFORMS AND THEIR IMPACT ON BUSINESS PRACTICES

Volume III Issue IV /

CORPORATE GOVERNANCE REFORMS AND THEIR IMPACT ON BUSINESS PRACTICES Gunjan Madaan, LLM Student, School of Law, IILM University, Greater Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.221 This paper examines the evolution of corporate governance changes in India, their impact on business performance, and the implementation challenges they pose. India’s corporate governance reforms have reached a crossroads. Although the changes have noble intentions, it’s important to seek holistic solutions that address India’s unique difficulties. Corporate governance reforms have been implemented in recent years to increase openness and accountability in business activities, including stronger disclosure standards, board independence, and regulatory supervision. Corporate governance reforms strive to improve various practices and processes. Reforms typically involve board independence, executive compensation, shareholder rights, disclosure, and regulatory monitoring. The study explores the link between corporate governance reforms and their effects on business practices in modern corporate structures. Governance changes have been implemented around the world in recent decades to improve corporate transparency, accountability, and ethical conduct. This study will look at how such reforms affect managerial decisions, stakeholder relationships, financial performance, and overall corporate culture. Efforts to improve corporate governance procedures have increased in response to frequent scams and failures on the global corporate map. India has expanded its legal framework to line with industrialized countries’ corporate governance rules. However, achieving good governance and assuring results remains a major priority for stakeholders today. This study uses a descriptive qualitative approach to assess significant governance reforms, such as Clause 49, by reviewing relevant scholarly articles, industry reports, and regulatory documents.  The Companies Act of 2013 and the Securities and Exchange Board of India’s Listing Obligations and Disclosure Requirements Regulations (2015) are both applicable. Although corporate governance in Indian corporations has improved, there has been a decrease in the number of independent directors appointed to boards since the second reform phase. Corporate governance improvements can improve shareholder value by increasing accountability, transparency, and investor confidence, but their effectiveness varies according on circumstances. This analysis examines how governance methods improve openness, accountability, and investor trust, offering valuable insights for policymakers, regulators, and practitioners to optimize corporate governance systems. The findings could help policymakers, regulators, and firms promote sustainable and transparent governance practices.

CORPORATE GOVERNANCE REFORMS AND THEIR IMPACT ON BUSINESS PRACTICES Read More »