LIJDLR

Volume IV Issue III

ARBITRATION AND THE COURTS IN INDIA: AREAS OF CONFLICT, JUDICIAL INTERVENTION, AND THE EVOLVING DOCTRINE OF KOMPETENZ-KOMPETENZ

Volume IV Issue III /

ARBITRATION AND THE COURTS IN INDIA: AREAS OF CONFLICT, JUDICIAL INTERVENTION, AND THE EVOLVING DOCTRINE OF KOMPETENZ-KOMPETENZ Adv. Mrunal Dhamale, Advocate,LL.M, (India) Adv. Shreya Inde, Advocate,LL.M, (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.276 Arbitration has become a key part of India’s modern dispute-resolution policy. India’s experience with arbitration has been uniquely shaped and at times constrained by the pervasive influence of courts, whose constitutional responsibility to uphold justice often conflicts with the foundational principles of arbitral independence. This research paper analyzes the intricate and dynamic relationship between arbitration and Indian courts, concentrating on the specific “areas of conflict” that emerge at different procedural stages: initiation of arbitration, mandatory reference, judicial intervention during proceedings, court assistance, court-ordered interim relief, judicial review at the conclusion of proceedings, and the pivotal issue of jurisdiction, particularly under the doctrine of Kompetenz-Kompetenz. The study underscores that the Arbitration and Conciliation Act, 1996, based on the UNCITRAL Model Law, was designed to minimize judicial interference to the greatest degree possible. Indian jurisprudence has, however, consistently redefined the parameters of intervention, at times broadening and at other times narrowing its scope. In important cases like SBP & Co. v. Patel Engineering, Bharat Aluminium Co. v. Kaiser Aluminium (BALCO), and Vidya Drolia v. Durga Trading. This study examines whether this fluctuation signifies organic legal evolution or systemic unpredictability that jeopardizes India’s aspiration to establish itself as an international arbitration hub. The fundamental analytical framework is the tension between judicial oversight and arbitral autonomy. Additionally, the paper conducts a comprehensive evaluation of the growing autonomy of arbitration tribunals, particularly following the amendments in 2015, 2019, and 2021, which markedly curtailed the previously extensive discretionary authority of courts. At the same time, unresolved issues like whether fraud can be arbitrated, the limits of public-policy review, and challenges under Sections 9, 11, 34 and 37 are causing problems.

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CELESTIAL SOVEREIGNTY AND THE PRECAUTIONARY PRINCIPLE: A LEGAL AND ETHICAL FRAMEWORK FOR ORBITAL DEBRIS MITIGATION IN THE AGE OF AI

Volume IV Issue III /

CELESTIAL SOVEREIGNTY AND THE PRECAUTIONARY PRINCIPLE: A LEGAL AND ETHICAL FRAMEWORK FOR ORBITAL DEBRIS MITIGATION IN THE AGE OF AI Sukaina Mehdi, Assistant Professor at Vivekananda Institute of Professional Studies – TC, affiliated to GGSIP University (India) Samreen Warsi, Assistant Professor at HILSR, Jamia Hamdard University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.275 With more satellites, observatories and other space assets being deployed continuously, the global space economy has expanded rapidly for technological advancement. It has also resulted in the accumulation of orbital debris, which threatens the long-term sustainability of the near-Earth orbital environment. The issue involves international space law, artificial intelligence and environmental ethics, all of which must be understood collectively to develop a robust regulatory framework for space sustainability. The Supreme Court of India has substantially developed environmental jurisprudence by expanding Article 21 to include the right to clean air, a safe environment and ecological protection. This study argues for extending the precautionary principle and Article 21 of the Indian Constitution to outer space by treating the orbital environment as a shared ecological heritage. AI plays a dual role: it can assist in climate monitoring, space situational awareness and mitigation of risks to orbital assets, while also generating new legal challenges concerning algorithmic accountability in autonomous collision-avoidance manoeuvres. The paper further argues that Extended Producer Responsibility should be applied to satellite manufacturers and operators through legal and financial mandates for de-orbiting end-of-life assets, including de-orbit bonds and Orbital EPR Plans. Applying a pragmatist research paradigm, the paper examines existing ESG regulations and their inadequate consideration of orbital pollution. It finally argues for a Space Sustainability Treaty, supported by a proposed Delhi Declaration on Orbital Sustainability, incorporating AI-driven monitoring and a stewardship-based legal model to ensure that exploration of the final frontier does not repeat the collapse of terrestrial ecological systems.

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THE EVOLUTION OF NATURAL JUSTICE IN DIGITAL GOVERNANCE: CHALLENGES IN AUTOMATED ADMINISTRATIVE DECISION-MAKING

Volume IV Issue III /

THE EVOLUTION OF NATURAL JUSTICE IN DIGITAL GOVERNANCE: CHALLENGES IN AUTOMATED ADMINISTRATIVE DECISION-MAKING C. Justin, MA, M.Phil., M.L., Research Scholar, (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.274 The increasing integration of digital technologies into public administration has fundamentally transformed the manner in which governments deliver services and make administrative decisions. Artificial intelligence, machine learning, predictive analytics and algorithm-driven systems are now employed in areas such as taxation, welfare distribution, immigration, policing, recruitment and public service delivery. While these technological advancements have improved administrative efficiency and reduced human intervention, they have simultaneously raised significant concerns regarding transparency, accountability and procedural fairness. Decisions that were traditionally exercised through human discretion are increasingly being delegated to automated systems whose internal functioning often remains inaccessible to both administrators and affected individuals. The doctrine of natural justice has historically served as a fundamental safeguard against arbitrary administrative action. Principles such as audi alteram partem, the rule against bias and the requirement to provide reasoned decisions have evolved through judicial interpretation to ensure fairness in administrative governance. However, the emergence of automated decision-making presents new challenges that conventional administrative law was never designed to address. Algorithmic opacity, embedded bias, absence of meaningful human intervention and limited opportunities for review have created a complex legal landscape in which procedural safeguards may be substantially weakened. This paper critically examines the evolving relationship between natural justice and digital governance by analysing the implications of automated administrative decision-making. It evaluates the adequacy of existing legal principles in addressing algorithmic governance and explores comparative developments in the European Union, the United Kingdom and other jurisdictions. The study further examines the Indian constitutional and administrative law framework to determine whether present legal safeguards sufficiently protect procedural fairness in the digital era. The paper argues that the doctrine of natural justice must evolve beyond traditional procedural requirements to incorporate principles of algorithmic transparency, explainability and meaningful human oversight, thereby preserving the rule of law within increasingly digitalised systems of public administration.

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DARK PATTERNS IN E-COMMERCE: EVALUATING INDIA’S CONSUMER PROTECTION FRAMEWORK IN THE DIGITAL MARKETSPACE

Volume IV Issue III /

DARK PATTERNS IN E-COMMERCE: EVALUATING INDIA’S CONSUMER PROTECTION FRAMEWORK IN THE DIGITAL MARKETSPACE J Janice Vinolia, Final Year, B.A. LL.B. (Hons.), Saveetha School of Law, SIMATS, Chennai (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.273 The rapid growth of e-commerce has transformed the way consumers purchase goods and services. Online platforms now offer convenience, competitive prices and easy access to a wide range of products. However, along with these advantages, many digital platforms have adopted certain website and application designs that influence or manipulate consumers into making decisions they may not have otherwise taken. These deceptive design practices, commonly known as dark patterns, affect consumer choice by creating false urgency, hiding important information, making cancellation difficult, or adding unwanted products and services during the purchasing process. Recognising the increasing misuse of such practices, India introduced the Guidelines for Prevention and Regulation of Dark Patterns, 2023 under the Central Consumer Protection Authority (CCPA). While these guidelines mark an important step towards protecting consumers, several concerns remain regarding their enforcement, implementation and effectiveness. Existing consumer protection laws were primarily drafted to regulate traditional unfair trade practices and do not fully address the challenges posed by digital interface manipulation. This paper examines the concept of dark patterns and analyses the adequacy of India’s legal framework in regulating such practices. It evaluates the Consumer Protection Act, 2019, the Consumer Protection (E-Commerce) Rules, 2020, and the CCPA Guidelines, 2023. The paper also briefly compares India’s approach with regulatory developments in the European Union, the United Kingdom and the United States. Based on this analysis, the paper identifies existing legal gaps and suggests practical reforms to strengthen consumer protection in India’s growing digital marketplace. The study concludes that while India has taken a positive step by recognising dark patterns, stronger enforcement mechanisms and clearer legal obligations are necessary to ensure fair and transparent online commerce.

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THE PRODUCTION OF DISPOSABLE LIVES: THE MODERN REINVENTION OF HUMAN SACRIFICE

Volume IV Issue III /

THE PRODUCTION OF DISPOSABLE LIVES: THE MODERN REINVENTION OF HUMAN SACRIFICE Mihika Shetty, Student 9th semester pursuing BA LLB at St Joseph College of Law (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.272 Civilization has always demanded a body. Formerly, it lived in the shadow of temples and witnessed blood soaking its stone floor in the name of gods, harvests, wars, and survival. It invoked violence as sacred. Now, it trembles with horror at the thought of sacrifice in ritual and believes it is far from the barbarism of ancient times. Yet the cries have not ceased. They have merely been buried under factories, borders, prisons, battlefields, falling buildings and sterile discourse. A laborer drowns under concrete that is part of a city to which he will never belong. A girl relinquishes her hands to industry before her age of knowing exploitation arrives. A mother witnesses her family being consumed in war, leaving behind numbers of loss read aloud as quickly before dinner is served to the remainder. Entire groups of people starve softly while economies grow and markets boom and the government speaks clean-mouthed promises of progress. It is argued here that rather than eliminating it, modernity has merely hidden human sacrifice Altar was replaced by an institution. Ritual by administration. Violence by policy. Death became profitable. There exist those under the auspices of capitalism, nationalism and the state that are constantly deemed sacrifice able, allowing those remaining to live securely and without complicity. Using structural violence and expendability as theoretical lenses, this paper discusses how modern civilization maintained itself through orchestrated suffering by masking sacrifice behind legality, policy and modern advancement. Through an examination of law, power and the disposable bodies upon which our comfort is founded, it addresses the grim question of whether the world we live in is any less violent, or only less honest.

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ADMISSIBILITY AND IRRELEVANCY OF CONFESSIONS: A CRITICAL ANALYSIS

Volume IV Issue III /

ADMISSIBILITY AND IRRELEVANCY OF CONFESSIONS: A CRITICAL ANALYSIS Gautam Gupta, Assistant Professor of Law, Dharmashastra National Law University, Jabalpur (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.271 The law of confessions has a very prominent existence in the jurisprudence of evidence at the intersection of effective criminal prosecution and constitutional protection against self-incrimination. This paper makes an attempt for a critical examination of framework governing the relevancy, admissibility and irrelevancy of confessions under the laws governing the same. The term ‘confession’ is not defined in the statutory framework but is generally understood as an admission or acknowledgment of guilt by the accused. This paper attempts to unpack, through judicial pronouncements, the conceptual distinction concerning what qualifies as a confession  and whether it has been made voluntarily or involuntarily.The paper further discusses the evidentiary value accorded to a confession made by a co-accused jointly tried for the same offence, examining Section 24 of the Bharatiya Sakshya Adhiniyam, 2023, which corresponds to Section 30 of the Indian Evidence Act, 1872, and the settled position that such confession is not substantive evidence and cannot, without independent corroboration, form the sole basis of conviction.  The paper further makes an attempt to discuss when the confessional statement becomes irrelevant when it is caused by inducement threat or promise being made from a person in authority and such confessional statements becomes irrelevant as they may not reflect the accused free will. On the other hand, a confessional statement made to a police officer cannot be proved against the accused, although it may be logically relevant, because it is legally inadmissible. The paper further makes an attempt to analsye the “doctrine of confirmation by subsequent facts” and to what extent it can be made admissible under the law of evidence with the other statements being recorded by the police under the Bharatiya Nagarik Suraksha Sanhita, 2023.The researcher through this paper attempts to find out the impact of and the effect of involuntary statements made by an accused. The paper is confined only to find out the admissibility and irrelevancy of confessions under the Bharatiya Sakshya Adhiniyam, 2023.

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FROM OFFICE DESKS TO DIGITAL DESKS: A BUSINESS LAW PERSPECTIVE ON HYBRID WORK AND LABOUR LAW IN INDIA

Volume IV Issue III /

FROM OFFICE DESKS TO DIGITAL DESKS: A BUSINESS LAW PERSPECTIVE ON HYBRID WORK AND LABOUR LAW IN INDIA K. Abitha, Pursuing LLM at Government Law College Coimbatore (Business Law) (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.270 The rapid adoption of work-from-home and hybrid work arrangements has fundamentally transformed the relationship between employers and employees in India. While these flexible work models have enabled businesses to maintain continuity, reduce operational costs, and enhance workforce productivity, they have also exposed significant gaps in the existing legal framework. Indian labour legislation was primarily designed to regulate conventional workplaces and direct employer supervision, and therefore does not comprehensively address legal issues arising from decentralised digital employment. Although the four Labour Codes have now been made effective from 21 November 2025, they do not specifically define or regulate hybrid work as a distinct employment model. Questions relating to working hours, employee privacy, occupational safety in home-based workspaces, employer liability for remote work injuries, digital surveillance, data protection, performance monitoring, cybersecurity, and contractual obligations continue to evolve without a dedicated statutory framework. This paper undertakes a doctrinal analysis of the legal implications of hybrid work from a Business Law perspective. It critically examines the applicability of the labour codes, employment laws, contractual principles, information technology law, and data protection framework to remote and hybrid work environments. The discussion also considers the Digital Personal Data Protection Rules, 2025, which operationalise the DPDP Act, 2023 and are directly relevant to employee monitoring, digital attendance, and processing of workplace data. The study further analyses international approaches towards regulating flexible work arrangements to identify practices that may be adapted within the Indian context. The paper argues that India requires a modern and integrated legal framework that balances corporate flexibility with employee welfare, privacy, legal certainty, and regulatory compliance. It concludes by proposing statutory definitions, model hybrid work policies, clearer occupational safety standards, proportionate monitoring safeguards, and business-oriented compliance mechanisms for the digital workplace.

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ANALYSIS OF AI-ASSISTED FORENSIC TOXICOLOGY AND THE EVIDENTIARY CHALLENGES OF PROSECUTION IN POISONING CASES

Volume IV Issue III /

ANALYSIS OF AI-ASSISTED FORENSIC TOXICOLOGY AND THE EVIDENTIARY CHALLENGES OF PROSECUTION IN POISONING CASES Pooja S, Student at Tamil Nadu Dr. Ambedkar Law University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.269 Poisoning cases have their own evidentiary, mens rea, and causation issues to be established with reasonable certainty. These difficulties are more evident in cases concerning new psychoactive substances (NPS) and herbal poisonings such as Abrus precatorius and Nerium oleander, where detection is difficult, untimely, and often inconclusive. Standard toxicological methods cannot detect new chemicals or properly quantify herbal poisonings to prove their use with the intent to kill. This study will examine the potential of Artificial Intelligence (AI) in toxicological screenings in poisoning cases. AI models can detect and identify unknown substances and infer patterns. This study is crucial for examining whether such innovations could help fill the evidentiary gap in mens rea or raise any legal concerns regarding admissibility and reliability. In light of the merging nature between forensic science and criminal law, the paper suggests that there is much room for AI-assisted toxicology to strengthen the prosecution’s case, yet whether this approach can legally be applied at the moment remains questionable. Moreover, if regulations remain unrigorous and judicial practices are lenient, it could prove less compelling than other cases in arguing for its viability. Ultimately, the author believes that an appropriate balance needs to be struck whereby the technological advancements align with the core tenets of criminal law. The study further undertakes a comparative analysis of regulatory approaches adopted in the United States, the European Union, the United Kingdom, and Australia to identify best practices governing AI-assisted forensic evidence. Based on these findings, it proposes legislative and procedural reforms for India, including clear admissibility standards, validation protocols, transparency requirements, and specialised regulatory oversight to ensure that AI-assisted forensic toxicology strengthens criminal investigations while safeguarding the rights of the accused.

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LEGAL RIGHTS OF LGBTQ+ & CHALLENGES IN THE CONTEMPORARY ERA

Volume IV Issue III /

LEGAL RIGHTS OF LGBTQ+ & CHALLENGES IN THE CONTEMPORARY ERA Dr. Komal N. Khajone, Assistant Professor, School of Law, G H Raisoni University, Amravati (India) Dr. Sandeep C. Nagarale, Professor, Swatantrya Senani Jawahrlal Darda College of Law, Yavatmal (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.268 Recognition and enforcement of the rights of LGBTQIA+ individuals is setting up a landmark for current constitutional and human rights debates. People who identify with the LGBTQIA+ umbrella have traditionally been marginalized and criminalized by society, and denied legal recognition of their identity, dignity and equality, and have waged a protracted struggle for equality before the law. The right to self-identified gender was acknowledged in the case of National Legal Services Authority (NLSA) v. Union of India, while the right to sexual autonomy was upheld in the decriminalisation of consensual homosexuality between adults in Navtej Singh Johar v. Union of India. Beyond these, the Transgender Persons (Protection of Rights) Act, 2019 will prohibit discrimination and promote welfare programs for transgender people – but the process to certify the act has faced criticism, as well as the lack of reservations. The Indian Penal Code (IPC) was replaced by the Bharatiya Nyaya Sanhita, 2023 which removed Section 377 which provided no legal protection for male victims of non-consensual sexual acts. The IPC was replaced by Bharatiya Nyaya Sanhita, 2023, which was intended to remove Section 377, but had no gender-neutral sexual offence provision for non-consensual sexual acts. The doctrinal method adopted in this paper highlights the evolution of rights of the LGBTQIA+ community in India from a constitutional perspective of equality and non-discrimination, privacy and personal liberty and explores adoption rights and marriage rights as outlined in the Hindu Adoptions and Maintenance Act, 1956, the Juvenile Justice Act, 2015 and the Hindu Marriage Act, 1955. The paper concludes by emphasising the importance of effective enforcement, sensitisation programmes and intersectional legal protection to create tangible social inclusion and realise constitutional rights that are due to the LGBTQIA+ community in India.

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BEYOND ABSOLUTISM: REASSESSING STATE IMMUNITY IN INDIAN AND INTERNATIONAL LAW IN THE AGE OF COMMERCIALIZATION AND HUMAN RIGHTS ACCOUNTABILITY

Volume IV Issue III /

BEYOND ABSOLUTISM: REASSESSING STATE IMMUNITY IN INDIAN AND INTERNATIONAL LAW IN THE AGE OF COMMERCIALIZATION AND HUMAN RIGHTS ACCOUNTABILITY Anshika Pandey, B.A.LL.B Student at Galgotias University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.267 The doctrine of absolute state immunity is well entrenched on the principle par in parem non habet imperium and in the doctrine of sovereign inviolability, and is seriously under challenge from globalization, the increasing role of states in commerce and the heightened human rights scrutiny. This paper calls for a rethinking of absolute immunity in terms of sovereign acts (jure imperii) and commercial acts (jure gestionis) and provides specific exemptions for the breach of jus cogens norms. In India, suits against foreign states are regulated by Section 86 of the Code of Civil Procedure, 1908 which mandates consent of the Central Government, unless the activity is commercial. Indian courts have gradually developed a restrictive approach in commercial contexts, although Mirza Ali Akbar Kashani v. United Arab Republic is better understood as a procedural baseline rather than as a restrictivist precedent. In that case, the dispute arose from a tea-supply contract with the United Arab Republic’s Ministry of Economy, Supplies and Importation Department, and the Supreme Court held that Section 86(1) CPC applied and barred the suit for want of Central Government consent. The later restrictivist development is more accurately reflected in decisions such as Ethiopian Airlines v. Ganesh Narain Saboo, where immunity was denied to a state-owned carrier engaged in commercial activity. It is further supported by constitutional remedies provided under Article 21 and 32 of the Indian Constitution, though India has not ratified the UN Convention on Jurisdictional Immunities of States (UNCSI) of 2004 which narrows the scope of immunity for contracts, torts and property and provides little protection for human rights claims. This vacuum is seen internationally in the case of Germany v. Italy (ICJ, 2012) and Jones v. Saudi Arabia (2006) where immunity was upheld against allegations of grave breaches and torture. On the basis of comparative practice, in particular the broad waiver for commercial cases under the Foreign Sovereign Immunities Act, and precedents in India, like Harbhajan Singh Dhalla, it examines the pro and con arguments surrounding restrictive immunity, namely, the principle of comity and the concept of commercial certainty, against the danger of immunity and some tension with constitutional principles under the guise of Article 51(c). It suggests the need for a State Immunity Act with automatic commercial waivers, the addition of jus cogens exceptions and time-bound procedures under Section 86 and also, India’s accession to UNCSI with human rights reservations. Finally, the paper urges a balance of state sovereignty and accountability and substantive justice.

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