LIJDLR

Volume IV Issue II

THE DOCTRINE OF FORCE MAJEURE IN THE AGE OF SMART CONTRACTS: A COMPARATIVE ANALYSIS OF JUDICIAL INTERPRETATION AND ALGORITHMIC EXECUTION

Volume IV Issue II /

THE DOCTRINE OF FORCE MAJEURE IN THE AGE OF SMART CONTRACTS: A COMPARATIVE ANALYSIS OF JUDICIAL INTERPRETATION AND ALGORITHMIC EXECUTION Abhishek Kumar, LL.M, Gujarat National Law University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.187 The rise of blockchain technology and smart contracts has created a structural dissonance at the heart of commercial law, as the deterministic inflexibility of code meets the flexible equity of centuries of contract law. Perhaps nowhere is this dissonance more pronounced than in the application of force majeure, a concept whose very definition relies on human interpretation, foreseeability, and judicial intervention. This paper undertakes a comparative legal analysis of the role of force majeure in traditional contract law and its potential, or lack thereof, in the algorithmic framework of smart contracts. By applying the landmark decision in the Indian Supreme Court case of Energy Watchdog v CERC (2017), as well as the English and American common law tradition, and emerging regulatory frameworks in the United Kingdom, the European Union, and India, it is submitted that the automation gap, or the inherent inability of code to respond to unforeseen circumstances without external data input, fundamentally challenges the contractual balance which force majeure has traditionally been intended to address. Furthermore, it is submitted that the concept of harmonious construction, traditionally applied in contractual interpretation, has the potential to provide a framework by which flexibility can be integrated in algorithmically enforced contractual obligations. The paper concludes by proposing a Legal-by-Design framework, recommending the inclusion of a requirement in smart contract law that dispute resolution, code governance, and legislative frameworks address code as a form of contractual expression, as opposed to its totality.

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ALGORITHMIC MANAGEMENT IN THE GIG ECONOMY: CHALLENGES TO LABOUR RIGHTS IN INDIA

Volume IV Issue II /

ALGORITHMIC MANAGEMENT IN THE GIG ECONOMY: CHALLENGES TO LABOUR RIGHTS IN INDIA Souvik Ghosh, LL.M. (Business law), Student at Amity University, Kolkata (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.186 The gig economy has rapidly expanded in India due to the growth of digital platforms such as Uber, Ola, Swiggy, and Zomato. These platforms have created new earning opportunities by connecting workers and customers through mobile applications and digital technologies. Although gig work is often presented as flexible and independent, it has also created serious concerns regarding labour rights and worker protection. One of the most important developments in this sector is algorithmic management, where digital systems and automated technologies are used to supervise workers, assign tasks, monitor performance, determine earnings, and evaluate productivity. This paper examines how algorithmic management affects labour rights in India’s gig economy. It analyses issues such as worker surveillance, income instability, lack of social security, weak bargaining power, legal uncertainty, and absence of collective representation. The study also looks at how effective the Code on Social Security, 2020 is in protecting the rights and welfare of gig and platform workers in India. The research is based on a doctrinal and analytical approach using secondary sources such as books, research articles, government reports, and legal documents. It studies how digital platforms and technology are changing the nature of employment and labour relations in the modern economy. The paper finds that while the gig economy has created new job opportunities and supported the growth of India’s digital economy, it has also increased problems such as job insecurity, irregular income, and lack of proper labour protection. Many gig workers continue to work without basic benefits like social security, health insurance, paid leave, or stable working conditions. The study further observes that existing labour laws are still not fully equipped to deal with the challenges created by platform-based work and algorithmic management systems. Therefore, the research highlights the need for stronger labour regulations and better implementation of social security measures for gig workers. It also stresses the importance of making algorithmic systems more transparent so that workers can better understand how decisions related to wages, ratings, incentives, and work allocation are made. Overall, the study argues that the future of platform-based work in India should not focus only on technology and economic growth, but also on fairness, worker dignity, accountability, and social justice.

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THE CONSTITUTIONAL TRILEMMA: EXECUTIVE OVERREACH, POLITICAL MISTRUST, AND THE SUPREMACY OF INFORMAL POWER-SHARING IN SOMALIA

Volume IV Issue II /

THE CONSTITUTIONAL TRILEMMA: EXECUTIVE OVERREACH, POLITICAL MISTRUST, AND THE SUPREMACY OF INFORMAL POWER-SHARING IN SOMALIA Mohamed Abdullahi Ismail, Faculty of Law, Mogadishu University Mogadishu, Somalia Download Manuscript doi.org/10.70183/lijdlr.2026.v04.185 This research article provides a critical legal analysis of the protracted constitutional crisis in the Federal Republic of Somalia, currently exacerbated by the unilateral transition from the 2012 Provisional Constitution to a newly amended framework. While the 2012 document enjoyed a degree of broad-based political consensus, the study posits that the current review process is trapped in a “Trilemma” involving Executive Overreach, systemic Political Mistrust, and a profound Crisis of Federal Consensus. A primary focus of this paper is the recent constitutional amendments initiated by the Federal Government, which signify a fundamental shift in the Somali governance model. The study examines the legal implications of these amendments, which have encountered significant Statutory Resistance from key Federal Member States (FMS), specifically Puntland and Jubaland. From a jurisprudential perspective, the article argues that the exclusion of these sub-national entities undermines the principle of Cooperative Federalism and violates the spirit of Article 142, which safeguards the status of existing states. This unilateralism has resulted in a state of Legal Fragmentarily, where the amended constitution lacks universal legitimacy across the federation. Furthermore, the paper explores how this institutional deadlock is reinforced by the persistent dominance of the 4.5 clan-based power-sharing formula, which functions as the de facto Grundnorm over the written law. The research demonstrates that while formal constitutional articles are frequently bypassed, any breach of the informal clan equilibrium triggers immediate systemic instability. The article concludes that for Somalia to achieve Constitutional Supremacy, it must reconcile the tension between central executive ambitions and the autonomy of Federal Member States. Without a comprehensive political settlement, the new amendments risk deepening the national divide rather than providing a stable legal foundation.

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THE PROLIFERATION OF HATE SPEECH IN THE AGE OF RIGHT TO FREE SPEECH

Volume IV Issue II /

THE PROLIFERATION OF HATE SPEECH IN THE AGE OF RIGHT TO FREE SPEECH Ms. Ankita Agarwal, Assistant Professor at School of Law, IFTM University (India) Dr Manisha Matolia, Associate Professor at School of Law, IFTM University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.184 It is difficult to determine when and where to draw the boundary between “hateful speech” and “freedom of expression.” For a true democracy, the former is absolutely necessary, whereas the latter is the exact opposite barrier. In this work, the author examines this deference using pertinent case law and customs. Limitations on “freedom of speech,” which is fundamental to a democratic society, are scrutinized. “Hateful speech” is no longer considered “freedom of speech” when it violates laws that forbid the propagation of hatred and/or the incitement of violence.A very complicated and sensitive subject, hate speech includes any form of communication that differs from a person or a group based on some features like race, color, ethnicity, gender, sexual orientation, nationality, religion etc. The laws pertaining to “hateful speech” have proven challenging to enforce in the modern era because there are new ways to express oneself every day due to greater connectedness. This paper explores the concept of “hateful speech” in its broadest sense, how it varies from “freedom of speech and expression,” and how the spread of “hateful speech” has hurt the nation. This paper aims to examine the meaning of hate speech and the point at which freedom of speech and expression crosses into unlawful speech, and to determine how a constitutional balance may be maintained between hate speech laws and Articles 14, 19(1)(a), 19(2), 21 and 25 of the Constitution of India so as to prevent misuse of powers. For this paper, the research methodology will be comparative and doctrinal or non-empirical. Primary and secondary data are the two types of data that the present study analyses.

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RETHINKING INDONESIA’S DEMOCRATIC SYSTEM: WHY IS A CONSTITUTIONAL MONARCHY WORTH CONSIDERING?

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RETHINKING INDONESIA’S DEMOCRATIC SYSTEM: WHY IS A CONSTITUTIONAL MONARCHY WORTH CONSIDERING? Ardhes Blandhivay Leuanan, Master of Laws, Student at Padjadjaran University, (Indonesia) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.183 This article critically analyses Tom Ginsburg’s thesis on constitutional monarchy as a counter-majoritarian institution and tests its relevance to the diagnosis of Indonesia’s democratic crisis during the period 2014-2026. The study employs a normative comparative legal method with a comparative constitutional analysis approach to key 2018-2026 literature and to empirical data from V-Dem, Freedom House, and the Economist Intelligence Unit; the conceptual approach is emphasised because the discussion engages doctrinal categories rather than primary empirical fieldwork. Although the literature on Indonesia’s democratic backsliding is abundant, scholarly debate has rarely seriously considered non-republican alternative state-design models, even though Ginsburg and his colleagues at the Universities of Chicago and Northwestern have developed a systematic thesis arguing that constitutional monarchy functions as a stakes-reducing device and as crisis insurance that supports democratic stability. The findings are threefold. First, the constitutional monarchies of Northern Europe, Japan, and Spain correlate strongly with stable liberal democracies; second, the causal mechanism lies in the separation of a symbolic head of state from an executive head of government, which closes the narrative space available to populist-authoritarian leaders; third, Indonesia already possesses a living precedent in the Special Region of Yogyakarta, which functions as a juridical constitutional monarchy within the body of the Republic. Although a full national conversion to constitutional monarchy is unrealistic, the functional logic articulated by Ginsburg can guide the strengthening of Indonesia’s counter-majoritarian institutions, with Yogyakarta serving as a constitutional experiment that warrants serious study.

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PREDATORS ON THE MOVE: ZERO FIR AS A REMISSION IN PERSPECTIVE OF BANGLADESH

Volume IV Issue II /

PREDATORS ON THE MOVE: ZERO FIR AS A REMISSION IN PERSPECTIVE OF BANGLADESH Mafruza Sultana, Assistant Professor & Chairperson at Department of Law, Uttara University, Bangladesh Syeda Afroza Zerin, Professor & Dean at School of Arts and Social Sciences, Uttara University, Bangladesh Niamur Raquib, Lecturer at Department of Law, Uttara University, Bangladesh Download Manuscript doi.org/10.70183/lijdlr.2026.v04.182 Rising incidents of robbery, sexual harassment, trafficking, and other offences committed in public transport and during travel in Bangladesh expose persistent procedural barriers that obstruct victims’ prompt access to justice. The registration of a First Information Report (FIR) is the foundational step in the criminal process; however, police stations frequently refuse to receive complaints on the ground of territorial jurisdiction, causing delay and increasing the risk of evidence loss and further victimization. This article examines whether the concept of Zero FIR, under which any police station may register information relating to a cognizable offence irrespective of where the offence occurred and subsequently transfer the case to the competent police station, can be incorporated into the Bangladeshi criminal justice system. The study aims to identify existing legal and institutional constraints and to evaluate the suitability of Zero FIR as a victim-centred procedural reform. Employing a normative-dogmatic juridical methodology, the research analyses the Code of Criminal Procedure, 1898, the Police Act, 1861, Police Regulations of Bengal, relevant case law, and comparative developments in India, where Zero FIR gained prominence following the Justice Verma Committee’s recommendations and subsequent criminal law reforms. The findings demonstrate that Bangladeshi law already contains sufficient doctrinal foundations to support this mechanism. The paper recommends statutory recognition of Zero FIR, issuance of binding police directives, accountability measures for refusal to record complaints, specialized training, and nationwide public awareness initiatives to ensure faster and more accessible justice for victims.

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AI, FAIRNESS AND FINANCIAL DATA: A LEGAL STUDY OF INDIA’S UPDATED DATA PROTECTION RULES FOR BANKS

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AI, FAIRNESS AND FINANCIAL DATA: A LEGAL STUDY OF INDIA’S UPDATED DATA PROTECTION RULES FOR BANKS Pranav Kumar Saxena, B.A. LL.B. (H), LL.M., Associate Vice President (Legal), Kotak Mahindra Bank Ltd. (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.181 Artificial Intelligence (AI) now plays a central role in India’s banking sector. Banks depend on AI systems for scoring credit risk, detecting fraud, monitoring transactions, automating customer interactions and supporting compliance processes. These systems promise efficiency and scale, but they also rely on continuous processing of personal and financial data. This increases concerns about fairness, transparency, accuracy and privacy. The Digital Personal Data Protection Act 2023 (DPDP) and the Digital Personal Data Protection Rules notified in 2025 have introduced a detailed and structured framework to govern the processing of such data. These Rules include strict standards for consent, retention, deletion, breach reporting, cross-border transfers and automated decision making. They also create new classifications, Significant Data Fiduciaries, under which most banks are likely to fall. This paper examines how these updated Rules affect AI enabled banking in India. It studies how the Rules shape responsibilities related to fairness, accountability and transparency in automated decision making. It also compares India’s approach with global models such as the GDPR, China’s PIPL and the United States’ sector specific system. While the new Rules mark a major step forward for data governance, the paper argues that India still needs clearer standards on algorithmic fairness, explainability, vendor management and audit requirements. The aim is to support a regulatory environment that encourages innovation while protecting financial data and strengthening trust in AI driven banking.

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FROM GLOBAL CLIMATE AGREEMENTS TO LOCAL RESILIENCE: LEGAL INNOVATIONS, LOCAL CAPACITY AND GOVERNANCE PATHWAYS FOR CLIMATE JUSTICE

Volume IV Issue II /

FROM GLOBAL CLIMATE AGREEMENTS TO LOCAL RESILIENCE: LEGAL INNOVATIONS, LOCAL CAPACITY AND GOVERNANCE PATHWAYS FOR CLIMATE JUSTICE Omoyemen Lucia Odigie-Emmanuel, Nigerian Law School, Centre for Human Rights & Climate Change Research Download Manuscript doi.org/10.70183/lijdlr.2026.v04.180 Climate change presents one of the most significant governance and legal challenges of the twenty-first century, particularly for vulnerable states whose adaptive capacity remains constrained by institutional, financial and regulatory limitations. While international climate agreements have established important frameworks for mitigation and adaptation, the translation of these commitments into effective governance systems remains uneven across jurisdictions. This article examines how legal tools, institutional capacity and governance innovation can strengthen climate justice and resilience through a multi-level system of climate governance. Drawing on doctrinal legal analysis and jurisprudential scholarship, the study examines the evolving architecture of climate law across international, national and local governance systems. It analyses key developments within the global climate regime, including the United Nations Framework Convention on Climate Change and the Paris Agreement, alongside emerging climate litigation and advisory jurisprudence from international and domestic courts. Particular attention is given to the role of national climate legislation, including Nigeria’s Climate Change Act, and the growing significance of subnational and community-based governance initiatives in implementing climate adaptation and resilience strategies. The article argues that climate justice cannot be realised through international agreements alone but requires an integrated legal architecture in which international norms, domestic legislation and local governance systems operate in mutually reinforcing ways. It demonstrates that effective climate governance depends on robust legal frameworks, transparent regulatory institutions and participatory governance mechanisms capable of addressing both mitigation and adaptation challenges. By integrating environmental justice theory, sustainable development theory and polycentric governance approaches, the article advances a jurisprudential framework for understanding how law can support equitable climate transitions. It concludes that strengthening legal accountability, improving climate finance governance and enhancing institutional capacity are essential for advancing climate resilience and ensuring that vulnerable states can participate effectively in the global transition toward sustainable and low-carbon development.

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LAW’S SILENCE ON BESTIALITY IN INDIA

Volume IV Issue II /

LAW’S SILENCE ON BESTIALITY IN INDIA Ankita Khamari, Research Scholar at PG Department of Law, Sambalpur University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.179 The enactment of the Bharatiya Nyaya Sanhita, 2023 marks a significant shift in India’s criminal law framework, replacing the colonial Indian Penal Code. However, this transition has resulted in an unintended yet serious legislative gap, the omission of provisions addressing bestiality. Historically, Section 377 of the IPC criminalised “carnal intercourse against the order of nature,” encompassing sexual acts with animals. While the Supreme Court in Navtej Singh Johar v. Union of India (2018) decriminalised consensual same-sex relations, it explicitly retained the applicability of Section 377 to non-consensual acts and bestiality. The complete removal of this provision in the BNS, without introducing an alternative, has effectively decriminalised sexual abuse of animals. This paper critically examines the legal, constitutional, and ethical implications of this omission. It highlights the inadequacy of existing laws, particularly the Prevention of Cruelty to Animals Act, 1960, which provides minimal penalties and fails to address sexual violence against animals. Drawing upon reported cases and criminological studies linking animal abuse with violent criminal behaviour, the paper argues that the current framework undermines both animal welfare and public safety. It further evaluates the ignored recommendations of the Parliamentary Standing Committee and advocates for urgent legislative intervention to criminalise bestiality explicitly, ensuring comprehensive protection for vulnerable, non-consenting beings.

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EVALUATING THE CONSTITUTIONAL INTERSECTION OF PSYCHOLOGICAL PROFILING AND THE EMERGING NEED FOR NEURO-RIGHTS IN INDIA

Volume IV Issue II /

EVALUATING THE CONSTITUTIONAL INTERSECTION OF PSYCHOLOGICAL PROFILING AND THE EMERGING NEED FOR NEURO-RIGHTS IN INDIA Palak P Kumar, B.A LL. B (H), 8th Semester, Student at Amity University Haryana (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.178 Cerebral Perceptivity is a crucial asset in the criminal justice system, easing crime prevention, improving investigative processes, guiding informed legal decisions, and ensuring effective rehabilitation of offenders. These roles are linked to litigation, as psychological assessments and expert opinions stemming from this perceptivity are often presented as evidence in court, affecting both prosecution and defence tactics. However, the use of psychological principles in this context faces various challenges that vary by country. For example, in Japan, the strong emphasis on obtaining confessions has sometimes led to the alarming issue of false admissions—problems that become pivotal in cases involving coerced confessions and wrongful convictions. Additionally, the absence of stringent regulations surrounding identification procedures can result in wrongful identifications, often contested in court where the credibility of eyewitness accounts is scrutinized. The needs of vulnerable individuals are often overlooked due to inadequate protective measures, raising serious concerns in litigation involving minors or mentally ill defendants. Lay judges often struggle to deliver fair and correct verdicts, a challenge that is especially pertinent in jury trials where psychological evaluations of defendants or witnesses can influence the final decision. Forensic Psychology encompasses the application of cerebral services within the legal framework and is becoming increasingly significant in shaping litigation strategies and evidentiary standards. This field, which merges law, forensic science, and psychology, is vital to the functioning of the legal system. Utilizing psychological principles in criminal investigations, forensic psychology enhances our comprehension of the interplay between human behaviour and legal standards insights often presented in court to bolster claims, defences, or sentencing arguments. By examining pertinent case studies and offering methodological critiques, the paper promotes the improvement of techniques vital for reaching justice and reducing recidivism. The analysis also focuses on the admissibility of psychological tests as evidence under the Bharatiya Sakshya Adhiniyam, 2023, critically evaluating the reliability of such evidence in revealing the truth a matter increasingly debated in Indian litigation concerning expert evidence and constitutional fairness.

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