LIJDLR

Volume III Issue IV

THE FUTURE OF JUDICIAL REVIEW IN INDIA: CHALLENGES AND OPPORTUNITIES IN THE 21ST CENTURY

Volume III Issue IV /

THE FUTURE OF JUDICIAL REVIEW IN INDIA: CHALLENGES AND OPPORTUNITIES IN THE 21ST CENTURY Shreya Saxena, LLM (IP), Amity University (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.146 This paper critically examines the evolving landscape of judicial review in India, focusing on the multifaceted challenges and nascent opportunities presented by the technological advancements and socio-political dynamics of the 21st century. It specifically investigates how the integration of artificial intelligence and online dispute resolution mechanisms, while promising efficiency, concurrently introduces complex questions regarding due process, data privacy, and the fundamental right to access justice. Furthermore, the burgeoning caseload within the Indian judiciary necessitates innovative solutions, and AI-powered tools are emerging as potential aids for judges, particularly in research and preliminary judgment formulation. The Supreme Court of India’s e-Courts project, alongside initiatives like SUPACE and SUVAS, exemplifies a proactive embrace of technology to enhance judicial efficiency and address environmental sustainability concerns inherent in traditional paper-based systems. This digitalization effort is crucial given the over 4.32 crore cases pending across various courts, placing a significant burden on the judiciary to enhance its operational efficiency. The transition to digital platforms, accelerated by events such as the COVID-19 pandemic, has been pivotal in managing this burden, facilitating virtual hearings and enabling faster redressal of matters. Beyond these immediate benefits, the strategic implementation of artificial intelligence in legal processes, such as the Supreme Court’s SUVAS system, has also demonstrated significant progress in translating complex legal documents into multiple regional languages, thereby improving accessibility and comprehension for a diverse populace. This technological integration also holds promise for streamlining judicial review itself, potentially aiding in case management, precedent analysis, and even the identification of systemic legal inconsistencies. This integration, however, necessitates a rigorous examination of its implications for the foundational principles of judicial review, including its potential to either reinforce or erode judicial independence and accountability. The present analysis critically assesses these developments through the dual theoretical lenses of “Law and Society” and “Legal Realism,” thereby providing a nuanced understanding of the interplay between legal norms, technological innovation, and societal impact.

THE FUTURE OF JUDICIAL REVIEW IN INDIA: CHALLENGES AND OPPORTUNITIES IN THE 21ST CENTURY Read More »

THE CONCEPT OF MARRIAGE UNDER HINDU LAW: SACRAMENT OR CONTRACT?

Volume III Issue IV /

THE CONCEPT OF MARRIAGE UNDER HINDU LAW: SACRAMENT OR CONTRACT? Khushi Sharma, BA.LLB (HONS), 3rd semester Student Download Manuscript doi.org/10.70183/lijdlr.2025.v03.145 “Marriage is not a contract but a sacred union of two souls.” — Manusmriti. Marriage under Hindu law is one of the most significant social and religious institutions. Historically perceived as a sacred union (samskara), it fulfills religious, moral, and social duties. With the enactment of the Hindu Marriage Act, 1955, and social modernization, contractual elements such as consent, legal capacity, and divorce were introduced. This paper examines Hindu marriage as a sacrament and a contract through scriptures, judicial interpretations, gender perspectives, and modern legal reforms. In addition to the traditional view, contemporary developments have reshaped the understanding of Hindu marriage into a more complex institution that harmonizes religious beliefs with modern legal requirements. The growing emphasis on individual autonomy, gender equality, and constitutional values has brought contractual principles to the forefront, challenging the age-old perception of marriage as an unbreakable sacrament. Judicial decisions have further clarified the dual character of Hindu marriage by recognizing both its ritualistic importance and its legal consequences. This paper therefore explores the historical journey of Hindu marriage from a purely spiritual and indissoluble bond to an institution increasingly influenced by statutory law and evolving social norms. It investigates how modern legislation, court judgments, and socio-cultural changes have introduced a hybrid model wherein sacred rituals coexist with legal rights, remedies, and obligations. The research aims to demonstrate that Hindu marriage today is best understood as a unique blend of tradition and modernity—simultaneously preserving its spiritual core while adapting to contemporary expectations of consent, equality, and legal protection.

THE CONCEPT OF MARRIAGE UNDER HINDU LAW: SACRAMENT OR CONTRACT? Read More »

ENSURING QUALITY EDUCATION THROUGH JUDICIAL INTERVENTION: A REVIEW OF THE JUDICIARY’S ROLE

Volume III Issue IV /

ENSURING QUALITY EDUCATION THROUGH JUDICIAL INTERVENTION: A REVIEW OF THE JUDICIARY’S ROLE Ms. Priyanka Singh , LL.M. Student, Department of Law, University of Kota, Kota, Rajasthan (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.144 This article examines the pivotal role of the judiciary in ensuring quality education in India, with a particular focus on judicial interventions that have reinforced the constitutional mandate of the Right to Education under Article 21-A. By reviewing landmark judgments, public interest litigations, and court directives, the article highlights how the judiciary has acted as a catalyst in holding the state accountable for educational standards, infrastructure, teacher availability, and equitable access. It further analyses the judiciary’s influence in interpreting and expanding the scope of educational rights, especially for marginalized communities. Through a critical evaluation of case law and policy impact, the article underscores the strengths and limitations of judicial activism in education governance and suggests pathways for a more balanced and collaborative approach among the judiciary, legislature, and executive to uphold the promise of quality education for all.

ENSURING QUALITY EDUCATION THROUGH JUDICIAL INTERVENTION: A REVIEW OF THE JUDICIARY’S ROLE Read More »

INSTITUTIONAL TUG-OF-WAR: WITH REFERENCE TO SEPARATION OF POWERS AND ITS IMPACT ON INDIAN DEMOCRACY

Volume III Issue IV /

INSTITUTIONAL TUG-OF-WAR: WITH REFERENCE TO SEPARATION OF POWERS AND ITS IMPACT ON INDIAN DEMOCRACY Juhi Singh, LLM (IP), Amity University (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.143 Separation of powers is usually a well-known constitutional formula that is being acted out as a theatre of unceasing rivalry. There is no place where this is clearer than in India, where the three arms of State, Legislature, Executive, and Judiciary seldom act separately. Rather, they often encroach on the others territory, and we end up in a game of institutional tug of war. This tension is not by chance; it is a natural result of a constitutional structure which does not seek to separate its powers in strict line, but to provide a more practical overlap. This paper is going to contend that these institutional conflicts are not just instances of friction, but important pointers of the health and strength of Indian democracy. In most instances, judicial interventions tend to right executive overreach, legislative discussions seek to tame judicial overreach, and the executives take on a headbanging role at times of political need. The outcome is the existence of a dynamic equilibrium whereby there is co-existence of conflict and cooperation. This study provides a comparison of the development of the constitution in the United States, the United Kingdom, and Europe through the analysis of some of the most relevant cases, constitutional developments, and comparative views of the issue, demonstrating that stability of the Indian democracy is not in its institutional silence, but in its institutional struggle. The key issue that this paper is going to consider is whether this tug-of-war weakens governance by creating instability or its reinforcement of democracy by holding them accountable.

INSTITUTIONAL TUG-OF-WAR: WITH REFERENCE TO SEPARATION OF POWERS AND ITS IMPACT ON INDIAN DEMOCRACY Read More »

ADJOURNMENTS IN CIVIL SUITS: AN ANALYSIS OF LAW, PRACTICE, AND REFORM

Volume III Issue IV /

ADJOURNMENTS IN CIVIL SUITS: AN ANALYSIS OF LAW, PRACTICE, AND REFORM Priyal Mehta, 3rd year/5th sem Student at JIMS EMTC (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.142 Adjournments are among the most contentious aspects of civil litigation in India. Intended as a procedural safeguard to ensure fairness, they allow courts to grant parties time when circumstances prevent effective participation in proceedings. However, over time, adjournments have come to symbolize delay, inefficiency, and abuse of process. In India’s overburdened judiciary, where more than 5 crore cases remain pending, adjournments are frequently cited as a principal cause of delay in civil suits. They are designed to provide flexibility in proceedings and ensure fairness by granting parties adequate time to present their case. However, in practice, adjournments are often misused as a tactic to delay proceedings, harass the opposite party, or prolong litigation. This has resulted in enormous delays in civil justice delivery, contributing significantly to India’s judicial backlog. The Code of Civil Procedure, 1908 (CPC), particularly Order XVII, regulates adjournments and restricts them to three per party. Judicial pronouncements have repeatedly stressed that adjournments must be exceptional. The problems associated with adjournments, such as delay, harassment of litigants, and erosion of judicial credibility, are balanced with the necessity of adjournments in genuine circumstances.  Yet, systemic weaknesses, professional practices, and judicial leniency undermine these safeguards. This paper offers a comprehensive analysis of adjournments in civil suits. It traces their legislative evolution, examines statutory provisions, reviews leading case law, and highlights problems caused by misuse. It situates adjournments within the constitutional framework of the right to speedy justice and the principle of fairness. A comparative perspective with jurisdictions like the UK, US, Singapore, Canada, and Australia demonstrates how strict case management reduces abuse. The paper also engages with Law Commission reports, empirical data on judicial delays, and practical challenges. It concludes with reform proposals including stricter enforcement of limits, realistic cost sanctions, case management hearings, and leveraging technology. The goal is to ensure adjournments remain tools of justice rather than weapons of delay.

ADJOURNMENTS IN CIVIL SUITS: AN ANALYSIS OF LAW, PRACTICE, AND REFORM Read More »

BALANCING FOREST DEPENDENCY AND MODERN DEVELOPMENT: EXAMINING THE LEGAL FRAMEWORK AND ITS IMPACT ON PVTG RIGHTS AND LIFESTYLE

Volume III Issue IV /

BALANCING FOREST DEPENDENCY AND MODERN DEVELOPMENT: EXAMINING THE LEGAL FRAMEWORK AND ITS IMPACT ON PVTG RIGHTS AND LIFESTYLE Sai Prarthana M, 4th Year Student, School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai (India) Srinithiya B, 4th Year Student, School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.141 Particularly Vulnerable Tribal Groups (PVTGs) of India have been the custodians of forest ecosystems and are dependent on natural resources for their cultural, spiritual and economic sustenance. However, the imposition of modern development projects and the prevalent restrictive legal framework has disrupted their traditional lifestyle. This research paper examines the intersection of forest dependency, the existing legal framework and modern developmental projects thus highlighting its impact and influence on the survival and cultural identity of PVTGs. Developmental projects, like the Great Nicobar Project, have often prioritised the industrial and urban growth over the needs of the indigenous population, drawing significant criticism from environmental activists. Additionally, laws like the Indian Forest Act, 1927, and the Forest Conservation Act, 1980 have centralised the control of forest to the government, often criminalising traditional practices. While Forest Rights Act, 2006 was enacted to address these historical injustices, its implementation is riddled with inconsistencies and delays. This study employs doctrinal methodology relying upon secondary resources to analyse the effects of modernisation and forest laws on PVTGs. It also takes into account the case studies to substantiate how these developments disrupt their livelihood. International perspectives are incorporated to identify the best practices for safeguarding the indigenous rights. The findings of this research reveal the influence of modern developmental projects in changing the forest dependency attitude of the PVTGs. Further exploration of the legal framework aiming to protect tribal right reveals significant challenges and backlashes in its practical implementation. This study contributes to the field of tribal rights and sustainable development recommending inclusive policy reforms which ensure the protection of rights and traditions in development. By addressing these issues, the research underscores a balanced approach, thus aligning economic development with legal framework and preservation of tribal heritage.

BALANCING FOREST DEPENDENCY AND MODERN DEVELOPMENT: EXAMINING THE LEGAL FRAMEWORK AND ITS IMPACT ON PVTG RIGHTS AND LIFESTYLE Read More »

A DOCTRINAL ASSESSMENT OF STATE FUNDING FOR IRISH HORSE AND GREYHOUND RACING: COMPATIBILITY WITH ANIMAL WELFARE OBLIGATIONS AND ADMINISTRATIVE LAW CONSTRAINTS

Volume III Issue IV /

A DOCTRINAL ASSESSMENT OF STATE FUNDING FOR IRISH HORSE AND GREYHOUND RACING: COMPATIBILITY WITH ANIMAL WELFARE OBLIGATIONS AND ADMINISTRATIVE LAW CONSTRAINTS Tadgh Quill-Manley, Law, Yr 2, Semester 1 student at King’s Inns, ‘Glenwood,’ Cork, Ireland Download Manuscript doi.org/10.70183/lijdlr.2025.v03.140 This article conducts a doctrinal analysis of the legality of continued State funding for horse and greyhound racing in Ireland, assessing its compatibility with domestic and EU animal welfare obligations and Irish administrative law principles. Established under the Horse and Greyhound Racing Act 2001, the annual Horse and Greyhound Racing Fund allocates over €90 million to support these culturally and economically significant industries, yet intensifying public scrutiny – fuelled by media investigations, NGO reports, and parliamentary debates – highlights welfare deficiencies, including traceability gaps, inconsistent injury reporting, and inadequate rehoming practices. Employing a doctrinal methodology, the article examines primary sources: statutes like the Animal Health and Welfare Act 2013 and Welfare of Greyhounds Act 2011; EU Regulations on transport, slaughter, and controls (e.g., (EC) No 1/2005 and (EU) 2017/625); and case law such as O’Connell v The Turf Club [2015] IESC 57 and Connolly v Bord na gCon [2020] IECA 122, which affirm regulators’ public-law duties. It integrates parliamentary materials and comparative insights from UK and New South Wales reforms. Findings reveal that funding remains lawful if conditioned on welfare compliance, but unconditional allocations risk judicial review for irrationality, failure to consider relevant welfare evidence, or disproportionality. Hypotheses posit substantive limits from welfare duties, vulnerability to challenge without evidence engagement, and the need for performance-based models. The article concludes that ministerial discretion must prioritise demonstrable welfare outcomes, transparency, and accountability. Recommendations advocate statutory amendments for conditional funding, independent audits, and enhanced reporting to reconcile legal obligations with industry interests, ensuring long-term defensibility.

A DOCTRINAL ASSESSMENT OF STATE FUNDING FOR IRISH HORSE AND GREYHOUND RACING: COMPATIBILITY WITH ANIMAL WELFARE OBLIGATIONS AND ADMINISTRATIVE LAW CONSTRAINTS Read More »

THREAT OF DEEPFAKES AND INDIAN CRIMINAL LAW’S ADEQUACY TO ADDRESS THE EMERGENT NEED FOR PROTECTIONS

Volume III Issue IV /

THREAT OF DEEPFAKES AND INDIAN CRIMINAL LAW’S ADEQUACY TO ADDRESS THE EMERGENT NEED FOR PROTECTIONS Aditi Pandey, LLB 2nd Year Student at lloyd law college (India). Download Manuscript doi.org/10.70183/lijdlr.2025.v03.139 This paper addresses the growing threat of AI-enabled crimes, particularly deepfakes and identity intrusion, which jeopardize the right to privacy, reputation, and public order. It examines the adequacy of existing Indian legal frameworks, including the Bharatiya Nyaya Sanhita and the Information Technology Act, in providing recourse and remedies to victims. The proliferation of generative AI technologies has made it increasingly easy to create hyper-realistic synthetic media that can deceive viewers, manipulate public opinion, and cause irreparable harm to individuals and institutions. From non-consensual intimate imagery targeting women to political disinformation campaigns designed to influence elections, deepfakes present multifaceted challenges that existing laws were not designed to address. This paper critically evaluates key provisions under the BNS 2023, including those related to forgery, defamation, criminal intimidation, and sexual offenses, alongside relevant sections of the IT Act 2000 concerning identity theft, impersonation, and obscene content as well as absence of deepfake-specific legislation, the paper further analyzes global legal responses to such crimes and proposes reforms tailored to the Indian context to bridge the identified legislative and enforcement gaps.

THREAT OF DEEPFAKES AND INDIAN CRIMINAL LAW’S ADEQUACY TO ADDRESS THE EMERGENT NEED FOR PROTECTIONS Read More »

IMPACT OF COMPETITION AMENDMENT ACT 2023

Volume III Issue IV /

IMPACT OF COMPETITION AMENDMENT ACT 2023 Tej Sandilya, (4th Year) BA.LLB at Gautam Buddha University, Greater Noida (India). Download Manuscript doi.org/10.70183/lijdlr.2025.v03.138 Competition Law in India has been introduced for the effective implementation of policies in the market and to act against anti-competitive agreements. The main job of competition law is to maintain healthy competition in the market. Not only in India but also around the world, every country has its competition law to regulate their markets, Brazil has Antitrust laws that aim to protect free competition and prevent anti-competitive practices, with the Administrative Council for Economic Defense (CADE) as the enforcement body. The history of competition law can be traced back to the enactment of the Sherman Act and the Clayton Act, also known as antitrust laws, which were introduced in the USA around the 19th and 20th centuries, respectively. In India, the history of competition law can be traced back to the implementation of the MRTP Act 1969, Monopoly and Restrictive Trade Practices Act. In 2002, the MRTP was repealed by the Competition Act, which was passed by the parliament in 2002 and came into effect in 2009. The Competition Act 2002 was to promote competition in India and consider the interest of the public at large. After almost 20 years, the competition act was amended in 2023. The amendment focuses on enhancing regulatory efficiency, promotes fair competition, and addresses challenges posed by the digital economy. This research paper focuses on every aspect of the amendment like deal value thresholds, settlements and commitments, leniency provisions, and changes in penalties.

IMPACT OF COMPETITION AMENDMENT ACT 2023 Read More »

FROM LOOPHOLES TO LEGAL SAFEGUARDS: TRANSFORMING JUDICIAL CONDUCT IN BAIL PROCEEDINGS THROUGH SATENDER KUMAR ANTIL VERSUS CBI

Volume III Issue IV /

FROM LOOPHOLES TO LEGAL SAFEGUARDS: TRANSFORMING JUDICIAL CONDUCT IN BAIL PROCEEDINGS THROUGH SATENDER KUMAR ANTIL VERSUS CBI Ms. Bhavana Dhoundiyal, Assistant Professor, IILM University, Greater Noida (India). Adv. Prachi Chawla, LL.M. Batch 2025-2026, IILM University, Greater Noida (India). Download Manuscript doi.org/10.70183/lijdlr.2025.v03.137 For a long time, Indian legal provisions regarding Bail has struggled to find equilibrium between protecting people’s freedom and meeting the needs of the criminal justice system. Even though Articles 21 and 22 of the Constitution guarantee certain rights, court decisions before Satender Kumar Antil v. CBI left loopholes in making sure that arrest and bail procedures were the just and fair. Precedents like Arnesh Kumar case and Siddharth Case gave some guiding principles, but they didn’t have strong enforcement mechanism. This led to arbitrary arrests and inconsistent behaviour by judges when deciding bail. The judgement in Satender Kumar Antil’s case methodically categorizes offences and it mandates rigorous compliance with Sections 41 and 41A of the Criminal Procedure Code and requires principle-based judicial reasoning in bail applications. Using doctrinal research methodology, this paper examines provisions, Supreme Court decisions and Law Commission reports to show how this ruling changed the basis of decision from being discretion to being principles while adjudicating bail matters. It also points out the gaps that still exist and the need for laws to codify bail principles.

FROM LOOPHOLES TO LEGAL SAFEGUARDS: TRANSFORMING JUDICIAL CONDUCT IN BAIL PROCEEDINGS THROUGH SATENDER KUMAR ANTIL VERSUS CBI Read More »