LIJDLR

Volume IV Issue I

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

Volume IV Issue I /

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

Volume IV Issue I /

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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CASE ANALYSIS: VIKAS KISHANRAO GAWALI V. STATE OF MAHARASHTRA (2021) 6 SCC 73

Volume IV Issue I /

CASE ANALYSIS: VIKAS KISHANRAO GAWALI V. STATE OF MAHARASHTRA (2021) 6 SCC 73 S. Akash, B.B.A.LLB/3rd year/6th semester Student at VIT School of Law, VIT Chennai (India) Mukeshwaran, B.B.A.LLB/3rd year/6th semester Student at VIT School of Law, VIT Chennai (India) Dr. Saji Sivan S, Assistant professor, VIT School of Law, VIT Chennai (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.65 The decision in Vikas Kishanrao Gawali v. State of Maharashtra represents a significant development in the constitutional jurisprudence relating to political reservations in local self-government institutions in India. The litigation arose from a challenge to the constitutional validity of the reservation framework for Other Backward Classes (OBCs) in local bodies in Maharashtra, particularly the operation of Section 12(2)(c) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, which enabled reservation for backward classes in such institutions. The petitioner contended that the State had implemented OBC reservation without conducting a contemporary empirical inquiry demonstrating political backwardness and that the resulting reservation exceeded the constitutionally permissible limit. The Supreme Court examined the scope of political reservations under Articles 243D and 243T of the Constitution of India in light of the equality guarantee under Article 14. Relying on the precedent in K. Krishna Murthy v. Union of India, the Court reaffirmed the “triple test,” which requires the constitution of a dedicated commission to undertake an empirical study of backwardness, determination of the extent of reservation on the basis of such data, and adherence to the overall 50 percent ceiling on reservations. The Court held that the State of Maharashtra had failed to satisfy these constitutional requirements and consequently declared the OBC reservations in local bodies invalid until the triple test conditions were fulfilled. The judgment highlights the need to balance the objective of social justice with constitutional limitations, and it remains a significant precedent in shaping the relationship between equality, representation, and decentralised democracy in India.

CASE ANALYSIS: VIKAS KISHANRAO GAWALI V. STATE OF MAHARASHTRA (2021) 6 SCC 73 Read More »

CRIMINALIZATION OF MARITAL RAPE IN INDIA: A CONSTITUTIONAL AND HUMAN RIGHTS PERSPECTIVE

Volume IV Issue I /

CRIMINALIZATION OF MARITAL RAPE IN INDIA: A CONSTITUTIONAL AND HUMAN RIGHTS PERSPECTIVE Shashwat Gupta, B.A. LL. B (Hons), Guru Govind Singh Indraprastha University (India) Saurav Sanjay, B.B.A LL. B (Hons), Guru Govind Singh Indraprastha University (India) Megha Prabhakar, B.B.A LL. B (Hons), Guru Govind Singh Indraprastha University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.64 Still stuck from British times, India lets married men escape rape charges if their wife is above eighteen. Section 63, Exception 2 in the new Bharatiya Nyaya Sanhita 2023 keeps this rule alive. Marriage doesn’t mean surrendering control over one’s body. That idea clashes with what the Constitution promises – fair treatment under Article 14 and personal freedom under Article 21. Privacy matters. So does self-respect. Bodily rights stand firm even after wedding vows. Back in 2017, the Supreme Court made it clear through the Puttaswamy verdict – consent isn’t erased just because two people are married. When the 2012 Nirbhaya case shocked people, the Justice Verma Committee said in 2013 that marital rape should be clearly made illegal. Yet lawmakers ignored it, worried about clashing with what some call family traditions. So, today’s laws still skip punishing husbands who force sex on wives. This also undermines India’s commitments under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which India ratified in 1993. CEDAW General Recommendation No. 35 on Gender-Based Violence against Women (2017), updating General Recommendation No. 19, recognises such abuse as a form of gender-based violence requiring state action without exception. Look elsewhere: Britain abolished the marital rape immunity in R v R [1992] 1 AC 599 (HL), affirming that marriage does not negate the requirement of consent. In Canada, their Criminal Code treats consent the same for everyone, respecting culture but rejecting pressure. Start here: laws, past rulings, and international promises are weighed to argue one clear point – scrapping the current rule now. A fresh version should treat everyone equally, hinge on real consent, allow courts to strike it down when freedoms clash. Training officers helps, so do quicker trials, public talks that shift views slowly. What grows between people works best when picked freely, never forced. When the law bans coercion, fairness follows; silence breaks inside houses just like outside them.

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THE CLEAN SLATE IN A CONTAMINATED ESTATE: RESOLVING THE STRUCTURAL CONFLICT BETWEEN SECTION 32A OF THE INSOLVENCY AND BANKRUPTCY CODE AND THE ENFORCEMENT DIRECTORATE’S ATTACHMENT POWERS UNDER THE PREVENTION OF MONEY LAUNDERING ACT

Volume IV Issue I /

THE CLEAN SLATE IN A CONTAMINATED ESTATE: RESOLVING THE STRUCTURAL CONFLICT BETWEEN SECTION 32A OF THE INSOLVENCY AND BANKRUPTCY CODE AND THE ENFORCEMENT DIRECTORATE’S ATTACHMENT POWERS UNDER THE PREVENTION OF MONEY LAUNDERING ACT Tahura Wasif, Student, 8th semester, B.A.LL.B (H) at Amity University Jharkhand (India) Kriti Kumari, Student, 8th semester, B.A.LL.B (H) at Amity University Jharkhand (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.63 The insertion of Section 32A into the Insolvency and Bankruptcy Code (IBC) established the “Clean Slate” doctrine, aiming to immunize successfully resolved corporate debtors from prior criminal liabilities. However, this commercial imperative frequently collides with the Enforcement Directorate’s (ED) independent mandate to attach “proceeds of crime” under the Prevention of Money Laundering Act (PMLA). Despite the doctrine’s constitutional validation in Manish Kumar v. Union of India, recent flashpoints most notably the Kalyani Transco saga and Supreme Court observations in early 2026 demonstrate that judicial policy prioritizing resolution speed cannot permanently override a competing executive statutory framework. Furthermore, while the IBC (Amendment) Bill, 2025 rationalizes the waterfall priority of standard statutory dues, it leaves the PMLA threshold attachment problem completely unaddressed, resulting in continued bid suppression and structural value destruction. Drawing on comparative jurisprudence from U.S. Chapter 11 bankruptcy and the UK Insolvency Act, this paper proposes a targeted legislative intervention: the enactment of Section 32A(3). This proposed mechanism mandates pre-approval consultation and escrow safeguards, structurally harmonizing the state’s anti-money laundering enforcement with the IBC’s core objective of value maximization.

THE CLEAN SLATE IN A CONTAMINATED ESTATE: RESOLVING THE STRUCTURAL CONFLICT BETWEEN SECTION 32A OF THE INSOLVENCY AND BANKRUPTCY CODE AND THE ENFORCEMENT DIRECTORATE’S ATTACHMENT POWERS UNDER THE PREVENTION OF MONEY LAUNDERING ACT Read More »

STRENGTHENING COMPLIANCE AND ENFORCEMENT: APPLYING CHINA’S 2025 ANTI-MONEY LAUNDERING REFORMS TO PAKISTAN’S FINTECH REGULATION

Volume IV Issue I /

STRENGTHENING COMPLIANCE AND ENFORCEMENT: APPLYING CHINA’S 2025 ANTI-MONEY LAUNDERING REFORMS TO PAKISTAN’S FINTECH REGULATION Wafee Salam Ahmad, LL.M. Candidate in International Commercial Law, Southwest University of Political Science and Law (SWUPL) Chongqing, China, Advocate, Punjab Bar Council, Pakistan Nasser Abdrabou Peter, LL.M. Candidate in International Commercial Law, Southwest University of Political Science and Law (SWUPL), Chongqing, China Download Manuscript doi.org/10.70183/lijdlr.2026.v04.62 Money laundering remains a significant threat to global financial systems, national security, and economic stability. With the rapid development of financial technology (fintech), existing anti-money laundering (AML) frameworks face growing limitations. China’s 2025 Anti-Money Laundering Law introduces substantial regulatory innovations by formally integrating fintech platforms and virtual asset service providers (VASPs) into the AML compliance regime, strengthening supervisory powers, and enhancing transparency through mechanisms such as beneficial ownership identification and technology-driven monitoring. This paper examines how these reforms enhance oversight and enforcement within China’s fintech ecosystem and evaluates their relevance for Pakistan’s evolving digital financial sector. Using a doctrinal legal method and analysis of FATF standards and comparative regulatory practices, the study finds that China’s approach particularly the inclusion of fintech entities within AML obligations, strengthened inter-agency coordination, and the adoption of RegTech tools significantly improves compliance monitoring and regulatory effectiveness. The paper argues that elements of these reforms, especially clearer legal recognition of fintech actors, improved institutional coordination, and technology-assisted supervision, offer practical policy guidance for Pakistan. However, successful implementation requires context-specific adaptation and strengthened institutional capacity within Pakistan’s regulatory framework.

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MEDIA AND ENTERTAINMENT UNDER THE LENS OF INTELLECTUAL PROPERTY: ISSUES AND CHALLENGES AND THE NEED OF REGULATORY REFORMS

Volume IV Issue I /

MEDIA AND ENTERTAINMENT UNDER THE LENS OF INTELLECTUAL PROPERTY: ISSUES AND CHALLENGES AND THE NEED OF REGULATORY REFORMS Ananya Yadav, LLM Student (Intellectual Property) Student at Christ Deemed to be University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.61 Intellectual Property Rights serve as the backbone of the media and entertainment sector, protecting creative works and rewarding innovation. In the digital age characterized by rapid technological change, globalization, and an explosion of online content the effective enforcement and evolution of IPR have become increasingly complex yet essential. This article examines the role of intellectual property law in safeguarding creative works such as films, music, literature, digital media, television programs, animation, and broadcast material from unauthorized use. It further analyzes emerging legal challenges including copyright piracy, digital streaming infringements, deepfake technology, artificial intelligence-generated content, and user-generated media within contemporary regulatory frameworks. It also discusses legal uncertainty, jurisdictional boundaries, and enforcement problems in various markets. It also addresses the relative efficacy of existing regulatory schemes and complexities fueled by the borderless nature of the internet, which renders national law inadequate in dealing with cross-judicial infringements and require reform, highlighting the need for harmonized global policy, digital rights management and evolving legal interpretations to strike a balance between the interests of creators, consumers and intermediaries. And particularly the evolution of user-generated content and remix-culture pose new challenges to originality, authorship and fair use. The paper concludes by proposing strategic reforms, including strengthened cross-border cooperation, simplified copyright licensing mechanisms, enhanced digital rights education, and the modernization of outdated laws to address evolving technological realities. There should be a balanced, adaptable, and vision-oriented IPR regime to support creativity, safeguard rights, and promote balanced growth in the world media and entertainment sector.

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COMMUNITY SERVICE AS A PUNISHMENT UNDER THE BHARATIYA NYAYA SANHITA, 2023: A STEP TOWARD REFORMATIVE SENTENCING IN INDIA

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COMMUNITY SERVICE AS A PUNISHMENT UNDER THE BHARATIYA NYAYA SANHITA, 2023: A STEP TOWARD REFORMATIVE SENTENCING IN INDIA Muskan Singh, Sem 6th Student (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.60 The Bharatiya Nyaya Sanhita, 2023 introduces community service as a formal sentencing option in Indian criminal law, marking a cautious but meaningful transition from a predominantly incarceration-oriented system toward a more reformative and restorative framework. Traditionally, the Indian penal structure has relied heavily on imprisonment and monetary penalties, particularly in cases involving minor offences. This overdependence has contributed to persistent prison overcrowding, stigmatization of low-risk offenders, and limited opportunities for constructive behavioural reform. The statutory incorporation of community service seeks to address these structural concerns by providing courts with a proportionate, flexible, and socially productive alternative. This paper adopts a doctrinal and analytical methodology to examine the conceptual basis, statutory positioning, objectives, advantages, and practical challenges associated with the use of community service under the Bharatiya Nyaya Sanhita. It situates the reform within established penological theories and evaluates its consistency with global trends in non-custodial sentencing. The study argues that community service reflects the principles of proportionality, rehabilitation, and restorative justice, thereby aligning Indian criminal policy with contemporary developments in sentencing philosophy. At the same time, the paper identifies significant implementation concerns, including the absence of detailed operational guidelines, uneven probation infrastructure across states, potential sentencing inconsistencies, and issues relating to public perception and enforcement. The paper concludes that while the legislative recognition of community service is both timely and progressive, its long-term effectiveness will depend substantially on institutional preparedness, judicial sensitivity, technological monitoring mechanisms, and coordinated involvement of local authorities and community bodies. If implemented with clarity and seriousness, the provision has the potential to reduce unnecessary incarceration, humanize sentencing practices, and facilitate constructive offender reintegration. However, without sustained administrative support, comprehensive rule-making, and clear procedural frameworks, the reform risks remaining underutilized. The study therefore argues that the true success of community service in India will depend less on its statutory recognition and more on the seriousness of its institutional implementation.

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THE E-RUPEE: A ROADMAP FOR INDIA’S DIGITAL CURRENCY

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THE E-RUPEE: A ROADMAP FOR INDIA’S DIGITAL CURRENCY Asif Pasha A B, Student, LL.M., School of Law, CHRIST (Deemed to be University) (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.59 The introduction of the e-Rupee, India’s proposed Central Bank Digital Currency (CBDC) issued by the Reserve Bank of India (RBI), represents a significant milestone in the evolution of sovereign digital money. As economies across the world increasingly move toward digital financial systems, CBDCs have emerged as a state-backed alternative to private cryptocurrencies and existing electronic payment mechanisms. This paper examines the legal, constitutional, and regulatory implications surrounding the implementation of the e-Rupee within India’s existing financial and legal framework. The study adopts a doctrinal and comparative research methodology. It analyses statutory provisions governing currency issuance, payment systems, and data protection in India while also evaluating international CBDC experiences, particularly those of the Bahamas (Sand Dollar), Nigeria (eNaira), and China (e-CNY). Through this analysis, the paper identifies key legal challenges associated with the e-Rupee, including the absence of explicit statutory recognition under the Reserve Bank of India Act, 1934, questions relating to legal tender status, privacy concerns arising from transaction traceability, and potential regulatory gaps in payment system governance. The research further evaluates India’s digital infrastructure readiness, considering the role of the Unified Payments Interface (UPI), the Jan Dhan–Aadhaar–Mobile (JAM) ecosystem, and the challenges of cybersecurity and digital inclusion. Lessons drawn from global CBDC implementations highlight the importance of strong privacy safeguards, offline payment functionality, public adoption strategies, and regulatory clarity. The paper ultimately argues that the successful implementation of the e-Rupee requires targeted legislative reforms, robust data protection safeguards, and a carefully designed regulatory framework that balances technological innovation with constitutional protections. By addressing these legal and infrastructural considerations, India can develop a CBDC system that promotes financial inclusion, strengthens monetary sovereignty, and maintains public trust in the evolving digital economy.

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