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.

EFFECTIVENESS OF CORPORATE SOCIAL RESPONSIBILITY POLICIES IN PROMOTING SOCIAL WELFARE AND CULTURAL HERITAGE: AN EMPIRICAL STUDY OF JHARSUGUDA DISTRICT, ODISHA Khetramani Ati, Assistant Professor, P.G Department of Law, Sambalpur University, Odisha (India) Bibesmita Naik, Advocate & LLM Student at P.G Department of Law, Sambalpur University, Odisha (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.266 Corporate Social Responsibility (CSR) has emerged as an important instrument for achieving sustainable development and promoting social welfare in India. With the enactment of Section 135 of the Companies Act, 2013, CSR has transformed from a voluntary philanthropic activity into a statutory obligation for eligible companies. The present study examines the effectiveness of CSR policies in promoting social welfare and preserving cultural heritage in Jharsuguda District of Odisha, with special reference to the CSR initiatives undertaken by Mahanadi Coalfields Limited (MCL) and other industrial establishments. The research adopts a socio-legal and empirical methodology. Primary data were collected through interviews with officials and employees of MCL and other stakeholders, while secondary data were gathered from statutory provisions, government reports, company documents, journal articles, and judicial pronouncements. The study analyses the legal framework governing CSR under the Companies Act, 2013 and examines the implementation of CSR projects relating to education, healthcare, livelihood generation, environmental sustainability, and cultural development in Jharsuguda district. The findings reveal that CSR initiatives have made significant contributions to social welfare and community development. However, several challenges, including lack of transparency, inadequate public participation, limited awareness, and deficiencies in impact assessment, affect the overall effectiveness of CSR policies. The study concludes that while CSR has emerged as a valuable mechanism for inclusive development, greater stakeholder engagement, transparency, and continuous monitoring are essential to ensure that CSR initiatives produce sustainable and long-term benefits.