LIJDLR

Volume IV Issue II

SAFEGUARDING THE GUARDIAN: A COMPARATIVE PERSPECTIVE ON JUDICIAL INDEPENDENCE

Volume IV Issue II /

SAFEGUARDING THE GUARDIAN: A COMPARATIVE PERSPECTIVE ON JUDICIAL INDEPENDENCE Nishchal Kumawat, LL.M., Student at Gujarat National Law University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.154 Progressing from the question ‘Why is the independence of the judiciary necessary?’ to ‘How to make the judiciary independent?’ The constitutional discourse has rightly shifted to ‘How to keep the judiciary independent?’ The Aristotelian idea of separating functions has, to some extent, protected the independence of the judiciary vis-à-vis the executive and the legislature, but in the present, threats to the judiciary’s independence have become more varied and eclectic. These threats not only arise from the other two organs of government but also from the people and the nation’s politics. Modern constitutions around the world have acknowledged this and sought to insulate the judiciary from pernicious influences. A comparative study of different constitutional mechanisms enables us to identify both common and country-specific threats to the independence of the judiciary and learn from their experiences in mitigating them. This paper compares the constitutions of India, Thailand, Germany, and France, utilising the geographical and institutional diversity of their systems to achieve a richer comparison. The paper analyses the Constitutional texts, Relevant Legal statutes, Key committee reports, and various Case laws to get an objective view of the issue, untainted by the opinionated debates surrounding it. The end goal is to contribute to the rich discourse on the subject by identifying the glaring issues and the best practices for their resolution. In India, debates over the opacity of the collegium system, post-retirement appointments, and judicial accountability have intensified. Focusing on India, the paper will suggest practical and effective solutions to strengthen the independence of the judiciary and help in mitigating various threats arising from not only the other two organs of the government, the legislature, and the executive, but also from the people, the media and the politics of the country.

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THE ROLE OF ALTERNATE DISPUTE RESOLUTION IN FACILITATING CROSS-BORDER TRADE AND INVESTMENT: AN INDIAN PERSPECTIVE

Volume IV Issue II /

THE ROLE OF ALTERNATE DISPUTE RESOLUTION IN FACILITATING CROSS-BORDER TRADE AND INVESTMENT: AN INDIAN PERSPECTIVE Aditya Kumar, Five-Year B.A. LLB. Degree Programme, Amity Law School, Amity University, Noida Uttar Pradesh (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.153 This paper examines the role of Alternative Dispute Resolution (ADR), particularly arbitration and mediation, in facilitating cross-border trade and investment in India. The study addresses the central problem of inefficiencies in traditional litigation systems, which often deter foreign investors due to delays, high costs, and jurisdictional complexities. Adopting a doctrinal research methodology, the paper analyses statutory frameworks including the Arbitration and Conciliation Act, 1996, the Mediation Act, 2023, and relevant judicial precedents, alongside international instruments such as the UNCITRAL Model Law and the New York Convention. The research argues that while India has made significant progress in aligning its ADR framework with global standards, structural and institutional deficiencies continue to hinder its effectiveness in cross-border dispute resolution. Key challenges include delays in enforcement, judicial intervention, lack of institutional capacity, and limited adoption of technology-driven dispute resolution mechanisms. The paper concludes that strengthening ADR mechanisms is essential for enhancing investor confidence and promoting international trade. It recommends targeted reforms, including institutional strengthening, greater judicial restraint, enhanced digital infrastructure, and capacity-building initiatives for arbitrators and mediators. By addressing these challenges, India can position itself as a competitive and reliable global arbitration hub.

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GENERATIVE ARTIFICIAL INTELLIGENCE AND COPYRIGHT OWNERSHIP: A DOCTRINAL ANALYSIS OF AUTHORSHIP, ORIGINALITY, AND THE CRISIS OF CREATIVE ATTRIBUTION

Volume IV Issue II /

GENERATIVE ARTIFICIAL INTELLIGENCE AND COPYRIGHT OWNERSHIP: A DOCTRINAL ANALYSIS OF AUTHORSHIP, ORIGINALITY, AND THE CRISIS OF CREATIVE ATTRIBUTION Prachi Kotia, Assistant professor at NMIMS, Indore (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.152 The emergence of generative artificial intelligence (AI) systems capable of producing literary works, musical compositions, visual art, and computer code with minimal or no human creative input has precipitated a profound doctrinal crisis within copyright law. The foundational construct of copyright, premised upon the existence of a human author who exercises creative judgment, is structurally ill-equipped to accommodate outputs generated by machine-learning models. This article undertakes a doctrinal analysis of the copyright framework applicable to generative AI outputs under Indian law, with particular reference to the Copyright Act, 1957, and draws critical comparisons with the legal positions in the United States, the European Union, and the United Kingdom. It examines the core doctrines of authorship, originality, and the work-for-hire principle, and assesses their capacity and incapacity to resolve the ownership question. The article concludes that the existing copyright architecture in India demands urgent legislative intervention and proposes a sui generis protection regime for AI-generated works.

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PROCEDURAL FAIRNESS WITHOUT PHYSICAL PRESENCE: CAN AUDI ALTERAM PARTEM SURVIVE ODR?

Volume IV Issue II /

PROCEDURAL FAIRNESS WITHOUT PHYSICAL PRESENCE: CAN AUDI ALTERAM PARTEM SURVIVE ODR? Prachi Chawla, LL.M. Batch 2025-2026, IILM University, Greater Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.151 The exponential growth in the application of ODR systems offers possibilities of efficiency, cost-effectiveness, and increased accessibility, yet at the same time poses a threat to the very foundations of the audi alteram partem doctrine that is based on space and perception. The paper raises questions about whether “the right to be heard” remains conceptually intact within a digital forum and remains constitutional within an Indian context and common law tradition. The paper begins by exploring the underlying concepts of natural justice, outlining the different types of ODR from mere electronic filing of documents to fully virtual hearings, and analyzing the changing concept of “presence” in technology-enabled judicial proceedings. This is followed by a doctrinal study of Articles 14, 19(1)(a), and 21 of the Indian Constitution, along with cases like Maneka Gandhi v. Union of India, A.K. Kraipak v. Union of India, and S.L. Kapoor v. Jagmohan, to pinpoint the essential elements of “effective hearings.” In contrast to the normative benchmark, this paper provides an assessment of India’s online dispute resolution framework, encompassing the eCourts Mission Mode Project and the virtual courts during the pandemic period. Some of the major risks within the system include exclusion because of the digital divide, the erosion of the role of oral advocacy, limitations on cross-examination, potential data privacy threats, and the erosion of the open court doctrine. While rejecting technophobia on the one hand and indiscriminate digitalisation on the other, this article proposes a measured course based on purposive interpretation, proportionality, legal protection, and procedural due process requirements.

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SACRED VIOLENCE: THE GLOBAL ISLAMIZATION OF TERROR

Volume IV Issue II /

SACRED VIOLENCE: THE GLOBAL ISLAMIZATION OF TERROR Baibhab Datta, Student of Semester Eight, Institute of Chartered Financial Analysts of India (ICFAI), Hyderabad (TELENGANA), India Download Manuscript doi.org/10.70183/lijdlr.2026.v04.150 Whereas religion has historically been associated with terrorism it is clear that in current global discourses the notion of terrorism being largely a product of an inherent, inordinate relation between the domain of religion and an overwhelming dominance of Islam and Muslimness continues to persist. The present work probes the veracity of this association: Is it an outcome of, and a reflection of, some empirically evident characteristics of current terrorist activity, or is it constructed primarily by the processes of media, geopolitics and security studies. Concentrating on terrorist organizations affiliated to Islam, its inquiries into the reasons why the practice of invoking religious justifications of violence by some groups takes a significant presence while a similar trend among religiously and ideologically other influenced groups gets less attention. The trend is the same everywhere, whether in the London streets or the Mumbai coastal arteries. The result of a globe that is disoriented with its own image, in which a faith that was worshipped in Mecca is fought over in the markets of Mumbai. It examines instances of terrorism as found in the case of India that has its own strategic location on the global map, diverse societal characteristics and long-term experience with trans-border as well as internally rooted terrorism. Analysis of the main terrorist incidents such as the 2008 Mumbai attacks and later urban terrorist activities aims to provide understanding about organization and structure of terrorist activities, processes of recruitment and the trans-national linkages. It further analyses the role played by sponsorship, funding network, and the dynamics of identity-based mobilization in the survival of terrorism. Further, to understand law’s responses to the categorization of terrorism, it examines Indian anti-terror legislations: UAPA and NIA Act and international frameworks like UNSC Resolutions and FATF standards; analyses the various approaches to preventive detention and national security to gauge the balance struck between state power and citizen’s liberty. Within this context of analysis from the legal point of view, it is argued that although there exist certain contemporary terrorist outfits which have some links to Muslim affiliated groups, it is dangerous to broadly conceive of terrorism being intrinsically linked to Islam as that would lead to oversimplification of various political, strategic and legal contexts shaping current terrorism.

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SEXUAL VIOLENCE AGAINST DALIT WOMEN: A CRITICAL STUDY OF JUDICIAL TRENDS

Volume IV Issue II /

SEXUAL VIOLENCE AGAINST DALIT WOMEN: A CRITICAL STUDY OF JUDICIAL TRENDS Sashreek Pandey, Student of BA.LLB (H), 10th Semester at Amity University Uttar Pradesh, Lucknow Campus (India). Download Manuscript doi.org/10.70183/lijdlr.2026.v04.149 This research paper critically examines judicial trends in cases of sexual violence against Dalit women in India through the intersecting lenses of caste, gender, dignity, and constitutional justice. It proceeds from the premise that such violence cannot be understood as a mere sexual offence in isolation, because it often operates as a mechanism of caste domination, social control, humiliation, and structural subordination. The study analyses the constitutional framework under Articles 14, 15, 17, and 21 of the Constitution of India, alongside the statutory scheme contained in the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, the Bharatiya Sakshya Adhiniyam, 2023, and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. It further evaluates leading judicial decisions to assess how courts have addressed questions of caste motive, consent, credibility, evidentiary burden, delay in reporting, and survivor protection. The paper argues that although Indian courts have shown some progressive movement, especially through emerging intersectional reasoning, judicial response remains uneven and often insufficiently sensitive to the structural realities of caste-based sexual violence. The study concludes that a more consistent, survivor-centric, and constitutionally grounded judicial approach is necessary to secure meaningful justice for Dalit women.

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