LIJDLR

Volume IV Issue I

THE GHOST IN THE CODE: EVALUATING THE EXTRATERRITORIAL REACH OF THE IBC AND THE JUDICIAL VACUUM IN CROSS-BORDER INSOLVENCY RESOLUTION

Volume IV Issue I /

THE GHOST IN THE CODE: EVALUATING THE EXTRATERRITORIAL REACH OF THE IBC AND THE JUDICIAL VACUUM IN CROSS-BORDER INSOLVENCY RESOLUTION Kriti Kumari, B.A.LL.B.(H), 8th semester, Student at Amity University, Jharkhand (India) Tahura Wasif, B.A.LL.B.(H), 8th semester, Student at Amity University, Jharkhand (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.75 The Insolvency and Bankruptcy Code, 2016 encodes within its text two provisions for cross-border insolvency cooperation, Sections 234 and 235, yet both remain functionally dormant: no bilateral treaty has been concluded under Section 234 as of 2026, and India has not adopted the UNCITRAL Model Law on Cross-Border Insolvency (1997). This paper critically examines the structural vacuum produced by this legislative inaction and maps the judicial improvisation that has occupied it. Drawing upon the Jet Airways parallel insolvency proceedings (2019–2020), the Videocon overseas asset recovery proceedings, and the Compuage Infocom recognition proceedings before the Singapore High Court (2025), the paper analyses how Indian courts have deployed common law comity as a substitute for absent statutory tools and identifies the irreducible structural limits of that substitution. The concurrent proceedings problem and the Centre of Main Interests doctrine, as engaged by Indian Adjudicating Authorities, are examined as the sharpest expressions of those limits. The methodology is critical-doctrinal.

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MOB LYNCHING AND CRIMINAL LIABILITY: A CRITICAL LEGAL ANALYSIS

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MOB LYNCHING AND CRIMINAL LIABILITY: A CRITICAL LEGAL ANALYSIS Aujlaan Hamid, LLM, Scholar at University of Kashmir (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.74 Mob lynching has emerged as one of the most disturbing manifestations of collective violence in contemporary societies. It refers to acts of violence committed by a group of individuals against a person suspected of wrongdoing without lawful authority or judicial sanction. Such incidents often arise from rumours, communal tensions, or identity-based prejudice and frequently result in severe injury or death. In recent years, India has witnessed several incidents of mob violence triggered by misinformation circulated through digital platforms and social networks. These developments have generated serious concerns regarding the adequacy of existing criminal law provisions and the ability of the criminal justice system to prevent extrajudicial punishment. This research paper examines the phenomenon of mob lynching from the perspective of criminal law and constitutional governance. The study analyses the doctrinal foundations of criminal liability in cases of collective violence, including the principles of unlawful assembly, common object, and constructive liability. It further evaluates the role of the judiciary in addressing mob violence, particularly the landmark judgment of the Supreme Court in Tehseen S. Poonawalla v. Union of India. The paper also explores recent legislative developments under the Bharatiya Nyaya Sanhita, 2023, which introduces enhanced punishment for murders committed by groups motivated by identity-based factors. The research argues that although existing legal provisions provide mechanisms for prosecuting offenders, they do not fully capture the complex social and structural dimensions of mob lynching. The absence of a comprehensive statutory framework specifically addressing lynching continues to create challenges for investigation, prosecution, and prevention. The paper concludes that effective responses to mob lynching require a combination of legal reforms, institutional accountability, and broader societal awareness regarding the rule of law and constitutional values.

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THE CLASSIFICATORY CRISIS IN ADOLESCENT JURISPRUDENCE: CONSENT, CULPABILITY AND AGENCY IN INDIAN LAW

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THE CLASSIFICATORY CRISIS IN ADOLESCENT JURISPRUDENCE: CONSENT, CULPABILITY AND AGENCY IN INDIAN LAW Dr. Prabodh Kumar Garg, Assistant Professor, Faculty of law, Shia PG College, Lucknow (India) Chhaya Singh, Research Scholar, faculty of law, University of Lucknow (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.73 The adolescent in Indian law is a paradox, a person defined not by their own evolving mind but by the state’s contradictory demands. This paper argues that India’s legal framework is trapped in a fundamental classificatory crisis which can be understood as juridical ‘three-body problem’. Just as three celestial bodies pull each other into chaotic orbits, the legal concepts of consent, culpability, and agency exert mutually destructive gravitational forces on the adolescent subject. The first part of the paper argues that the Prevention of Children from Sexual Offences Act. 2012 constructs the adolescent as passive victim, legally incapable of sexual consent thereby criminalizing their romantic relationships and weaponizing the law for social control. The second part confronts the contrasting rationale under Juvenile Justice (Care and Protection of Children) Act 2015 which attributes adult-like culpability to adolescents accused of heinous offences. This rationale presumes a standard of maturity that the same legal system denies them in the intimate realm. Finally, it explores the void of agency in personal autonomy, where the adolescent is rendered a legal non-entity in matters of contract and healthcare, their will is subordinated to parental authority. Trapped in this legal triple-blind: too vulnerable to consent, mature enough for culpability, and too incompetent for self-governance; the adolescent is fragmented into three irreconcilable legal personas. This paper concludes that until the law moves beyond its rigid paternalism to embrace a functional, context-sensitive assessment of capacity, it will continue to manufacture injustice, ensuring that the young person remains a legal paradox, never recognized as a whole human being.

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FROM COMPLIANCE TO ALGORITHMIC GOVERNANCE: THE FUTURE OF AI-DRIVEN CORPORATE REGULATION UNDER INDIAN COMPANY LAW

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FROM COMPLIANCE TO ALGORITHMIC GOVERNANCE: THE FUTURE OF AI-DRIVEN CORPORATE REGULATION UNDER INDIAN COMPANY LAW Amritanshu Upadhyay, BBA LL.B (Hons), 6th Semester, Student at Amity Law School, Amity University Uttar Pradesh, Lucknow (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.72 The rapidly advancing integration of artificial intelligence into corporate decision-making processes offers both transformative opportunities and fundamental regulatory challenges to the existing company law framework in India. While existing literature has largely focused on questions of legal personhood and its implications on corporate liability, a far more critical and pertinent concern has received limited attention: how existing architecture for corporate compliance under the Companies Act, 2013, can be reconceptualized to accommodate, regulate, and hold accountable AI-driven systems of corporate governance that already exist across Indian corporations. This paper contends that India is currently at a critical juncture in its corporate law regulation, wherein a passive model of corporate compliance grounded on human agency and reactive enforcement is gradually being supplanted by an emerging model of algorithmic governance, wherein AI systems conduct audits, monitor transactions, and undertake risk assessments autonomously. In this regard, this research, drawing on the doctrinal research on the Companies Act, 2013, SEBI regulations, and the national AI policy space, and informed by a comparative analysis of the EU, UK, and Singaporean regimes, seeks to develop a normative framework on AI-driven corporate regulation in India, and in this regard, argues that accountability in algorithmic governance must be rethought in terms of three key pillars: the mandatory explainability of AI systems in governance roles, a recrafted duty of care for directors in AI-driven decision-making, and the AI audit mechanism in corporate compliance law.

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A COMPARATIVE STUDY OF EDUCATIONAL POLICIES BETWEEN US AND INDIA

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A COMPARATIVE STUDY OF EDUCATIONAL POLICIES BETWEEN US AND INDIA Akhilesh Nilkanth Kulkarni, LLM Student (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.71 This study undertakes a comparative analysis of educational policies in the United States and India, two major democratic nations with distinct socio-economic, cultural, and institutional frameworks. The research problem centers on understanding how differing policy structures, governance models, and implementation mechanisms influence educational outcomes, particularly in terms of access, quality, equity, and innovation. The study employs a doctrinal and comparative research methodology, relying primarily on qualitative analysis of key policy documents such as India’s National Education Policy 2020 and Right to Education Act 2009, and the United States’ Every Student Succeeds Act, supplemented by secondary data from government reports and international organizations. The scope of the study is limited to primary and secondary education, with selective references to higher education where relevant. It critically examines dimensions such as curriculum design, assessment frameworks, inclusivity measures, digital education policies, and regional disparities in implementation. The paper argues that while the U.S. system emphasizes decentralization, flexibility, and innovation, the Indian system has historically been more centralized, though recent reforms indicate a shift towards holistic and multidisciplinary learning. Preliminary analysis suggests that both countries face persistent challenges in bridging equity gaps and ensuring effective policy implementation, despite well-articulated frameworks. The study highlights that policy success is contingent not merely on design but on contextual adaptability, administrative capacity, and socio-economic realities. It concludes by suggesting the need for cross-learning between the two systems, particularly in areas of inclusive education, teacher training, and technology integration, to enhance overall educational outcomes.

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INVISIBLE WITHIN BORDERS: THE LEGAL VACUUM OF REHABILITATION RIGHTS FOR INTERNALLY DISPLACED PERSONS IN INDIA

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INVISIBLE WITHIN BORDERS: THE LEGAL VACUUM OF REHABILITATION RIGHTS FOR INTERNALLY DISPLACED PERSONS IN INDIA Febin P, LL.M. Student at National Law Institute University, Bhopal (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.70 There is already extensive literature on internal displacement in India, yet this paper surveys all forms of forced relocation conflict, communal violence, development projects, and natural calamities to expose gaps in existing law and missing protections. It examines constitutional guarantees under Articles 14, 15, 19, and 21 alongside the Disaster Management Act 2005, the Land Acquisition, Rehabilitation and Resettlement Act 2013, and the National Policy on Resettlement and Rehabilitation 2007, demonstrating that definitions remain vague, entitlements unclear, and implementation inconsistent. Case studies from Jammu and Kashmir, Manipur, Gujarat, and Delhi, as well as large infrastructure projects displacing millions and recent crises like the Himachal Pradesh floods and the 2023 Manipur ethnic violence, reveal the state’s persistent failure to secure timely shelter, restore livelihoods, or ensure durable solutions. A review of leading judicial rulings between 2023 and 2025 on property restitution and compensation shows that courts have reaffirmed a duty to rehabilitate displaced populations but stopped short of creating enforceable rights without a dedicated law. Comparative analysis of Colombia’s land restitution law, Uganda’s reintegration policies, and the African Union’s Kampala Convention highlight comprehensive protection frameworks that India has yet to adopt, despite endorsing the UN Guiding Principles on Internal Displacement. The study concludes that scattered policies and executive orders cannot replace a unified statute. It recommends enacting a clear legal definition of internally displaced persons, establishing enforceable rights to restitution, compensation, and psychosocial support, and creating institutional mechanisms such as a national IDP registry, participatory social impact assessments, time-bound targets for durable solutions, and judicial oversight. Only a coherent, rights-based national law aligned with international standards can enable India to fulfil its constitutional and humanitarian obligations to protect its displaced citizens.

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CASE ANALYSIS: KARNAIL SINGH AND ANOTHER V. DARSHAN SINGH AND OTHERS (1995) SUPP (2) SCC 281 (SC)

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CASE ANALYSIS: KARNAIL SINGH AND ANOTHER V. DARSHAN SINGH AND OTHERS (1995) SUPP (2) SCC 281 (SC) Senthamizh Vijayakumar, 3rd Year, Student at VIT School of law (India) Satvik Keyan, 3rd Year, Student at VIT School of law (India) Dr.Saji Sivan S, Associate Professor at VIT School of law (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.69 The case of Karnail Singh and Another v. Darshan Singh and Others (1995) relates to the powers of the State Government in reorganizing and amalgamating the Gram Sabhas as per the Punjab Gram Panchayat Act, 1952. The case arose when the Haryana Government issued a notification for the amalgamation of two Gram Sabhas as a single unit for administrative purposes in the district of Kurukshetra. The respondents challenged the government’s decision before the Punjab and Haryana High Court, which set aside the government’s decision on the basis that the functioning of the Gram Sabhas should not be interfered with merely due to the abuse of power by local government officials. The case was later referred to the Supreme Court of India. The Supreme Court was called upon to examine the question of whether the government had the powers to reorganize the Gram Sabha areas as per the relevant statutory provisions and whether such decisions could be interfered with by the judiciary. The judgment reiterated the discretionary powers of the government in reorganizing the local self-governments for the better administration of the regions.

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REVISITING ARBITRABILITY IN COMPETITION LAW: A COMPARATIVE ANALYSIS AND THE INDIAN DILEMMA

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REVISITING ARBITRABILITY IN COMPETITION LAW: A COMPARATIVE ANALYSIS AND THE INDIAN DILEMMA Muskan Arora, B.A. LL.B. (Hons.), 8th Semester, Student at National Law Institute University, Bhopal (India). Aditi Raikwar, B.S.C LL.B (Hons.), 8th Semester, Student at National Law Institute University, Bhopal (India). Mohit Jain, B.S.C LL.B (Hons.), 8th Semester, Student at National Law Institute University, Bhopal (India). Download Manuscript doi.org/10.70183/lijdlr.2026.v04.68 The question of whether competition law disputes can be resolved through arbitration has long been a subject of debate. Traditionally, such disputes have been considered non-arbitrable, as they involve public interest concerns like ensuring fair market competition, consumer protection, and preventing monopolistic practices. However, in recent years, jurisdictions like the United States, the European Union, and Canada have gradually recognized the limited arbitrability of competition law disputes, provided they pertain to private commercial arrangements rather than broad regulatory concerns. This shift is driven by a pro-arbitration approach aimed at fostering international business confidence and providing parties with a flexible, efficient dispute resolution mechanism. In contrast, India has yet to formally adopt this evolving stance. Competition law disputes are generally perceived as falling under the exclusive jurisdiction of the Competition Commission of India (CCI), with arbitration being viewed as an inadequate forum due to its private and confidential nature. However, with the increasing complexity of commercial arrangements and the growing importance of arbitration in cross-border trade, it is necessary to reevaluate India’s approach. This research examines whether India can allow arbitration in certain competition law matters, particularly those involving rights in personam (private contractual disputes) while safeguarding cases concerning rights in rem (public interest and regulatory matters) within the domain of the CCI. By analyzing legal frameworks in the US and the EU, this study seeks to explore a balanced approach for India. It evaluates the legal challenges, policy considerations, and potential solutions that could allow partial arbitrability of competition law disputes, aligning India with global best practices while upholding its regulatory framework. This research further delves into the key developments under the Competition (Amendment) Act, 2023, all of which have implications for arbitrability. The study proposes that adopting mechanisms like the Second Look Doctrine, where courts retain limited review powers over arbitral awards in competition matters, could provide an optimal solution. Ultimately, this paper argues that India must modernize its stance on arbitrability in competition law to facilitate commercial certainty, attract foreign investments, and strengthen its dispute resolution framework. While competition law’s core regulatory function must remain intact, selective arbitrability of private disputes can serve as a progressive step toward legal efficiency and economic growth.

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AUTHORSHIP ISSUE IN INDIAN COPYRIGHT LAW FOR WORKS CREATED BY ARTIFICIAL INTELLIGENCE

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AUTHORSHIP ISSUE IN INDIAN COPYRIGHT LAW FOR WORKS CREATED BY ARTIFICIAL INTELLIGENCE Harini V. S, IV-year B.B.A LL. B (Hons), Tamil Nadu Dr. Ambedkar Law University, School of Excellence in Law, Chennai (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.67 Artificial intelligence (AI) is increasingly participating in creative processes such as writing, music composition, and visual art production, raising complex questions for copyright law worldwide. In India, the Copyright Act, 1957 is premised on a human-centric understanding of authorship, reflecting the traditional assumption that creativity originates from natural persons. However, the growing capacity of AI systems to generate content with minimal or no human intervention challenges this foundational premise and creates uncertainty regarding authorship, ownership, liability, and the scope of legal protection for AI-generated works. This paper examines the widening gap between rapid technological development and India’s existing copyright framework. Adopting a doctrinal and comparative research methodology, the study analyses statutory provisions and judicial interpretations under Indian copyright law while comparing regulatory approaches adopted in jurisdictions such as the United Kingdom, the United States, and the European Union. Through this analysis, the paper identifies significant doctrinal and practical limitations in the current Indian legal regime, particularly its inability to adequately address authorship questions arising from algorithmically generated creative outputs. The study argues that the present framework is insufficient to resolve emerging disputes in technologically driven creative industries. To address this lacuna, it proposes the exploration of policy alternatives such as a carefully designed sui generis protection regime or a limited rights model that recognizes economic interests in AI-generated works without undermining the central role of human creativity in copyright law. Such reforms would provide greater legal certainty, encourage innovation, and support investment in AI-driven creative sectors. Ultimately, the paper contends that timely legal reform is essential for aligning India’s copyright system with contemporary technological realities while preserving the normative foundations of human intellectual authorship.

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CORPORATE GOVERNANCE AND CORPORATE ACCOUNTABILITY IN INDIA: A CRITICAL ANALYSIS UNDER THE COMPANIES ACT 2013

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CORPORATE GOVERNANCE AND CORPORATE ACCOUNTABILITY IN INDIA: A CRITICAL ANALYSIS UNDER THE COMPANIES ACT 2013 Aleena. B. Alex, LLM (Business Law), 2nd Semester Student at Amity Institute of Advanced Legal Studies, Amity University (Noida) (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.66 The role of corporate governance in ensuring transparency, accountability and responsible management of corporations is an extremely important one. Corporate Governance consists of the whole system of rules, practices and processes by which a company is directed and controlled. The idea behind effective corporate governance is to protect the interests of shareholders and all stakeholders, as well as to encourage ethical behavior in the business community. In India, corporate governance has evolved with the enactment of the Companies Act 2013, which contains numerous provisions for improving corporate accountability and transparency in corporate operations, and therefore enhancing the overall governance framework in the country. The enactment of the Act includes several major governance mechanisms, such as the appointment of independent directors, the establishment of board committees and improved requirements for disclosure of information. These governance mechanisms have been incorporated into the Act to improve decision making within corporations and to provide companies with a structure to carry out their businesses in a transparent and responsible manner. However, despite having established several of these important legal governance mechanisms, the ongoing issues with respect to corporate mismanagement, a lack of transparency, and weak enforcement mechanisms are calling into question the adequacy of the existing governance practices for corporations in India. The objective of this research is to investigate the impact of corporate governance on corporate accountability, specifically under the context of the Companies Act 2013. This paper provides a critical analysis of the different governance mechanisms prescribed in the Act and assesses their ability to promote responsible behavior by corporations through effective means of enforcement. Additionally, this study discusses the challenges associated with implementing corporate governance principles and stresses the need for regulatory enforcement, improved compliance initiatives, and increased regulation to enhance accountability in Indian businesses.

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