LIJDLR

Volume IV Issue III

THE JURISDICTION AND EVOLUTION OF ARTICLE 227 OF THE CONSTITUTION OF INDIA: FROM COLONIAL SUPERINTENDENCE TO CONSTITUTIONAL JUDICIAL SUPERVISION

Volume IV Issue III /

THE JURISDICTION AND EVOLUTION OF ARTICLE 227 OF THE CONSTITUTION OF INDIA: FROM COLONIAL SUPERINTENDENCE TO CONSTITUTIONAL JUDICIAL SUPERVISION Adv. Rajendra Kedge, Practising Advocate, Bombay High Court and other High Courts and the Supreme Court of India (India) Adv. Sunil Yadav, Practising Advocate, Bombay High Court and other High Courts and the Supreme Court of India (India) Adv. Archana Kedge, Practising Advocate, Bombay High Court (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.318 Article 227 of the Constitution of India confers upon every High Court the power of superintendence over all courts and tribunals within its territorial jurisdiction, subject to the constitutional exclusion relating to courts and tribunals constituted under laws concerning the Armed Forces. Although constitutional in form, this jurisdiction has a pre-Constitutional lineage traceable to Section 15 of the Indian High Courts Act, 1861, Section 107 of the Government of India Act, 1915, and Section 224 of the Government of India Act, 1935. A significant constitutional development occurred when Article 227 was enacted without reproducing Section 224(2) of the 1935 Act, which had prohibited High Courts from questioning judgments of inferior courts not otherwise subject to appeal or revision. In Waryam Singh v. Amarnath, the Supreme Court treated this omission as material and recognised that Article 227 restored the High Court’s power of judicial superintendence under the earlier statutory framework. The jurisdiction has since evolved through a substantial body of Supreme Court jurisprudence. While Article 227 remains supervisory and cannot be converted into appellate or revisional jurisdiction, it is sufficiently wide to correct jurisdictional errors, perversity, grave dereliction of duty, flagrant violation of law, serious procedural illegality and manifest miscarriage of justice. The post-2002 curtailment of revisional jurisdiction under Section 115 of the Code of Civil Procedure, 1908 has further increased the practical significance of Article 227, particularly in challenges to interlocutory orders. This paper examines the historical genealogy, constitutional design, judicial development and contemporary scope of Article 227, and argues that its true character lies in constitutional judicial superintendence: broad in source, restrained in exercise, and directed towards ensuring that subordinate courts and tribunals remain within the limits of lawful authority.

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PREDICTIVE ANALYTICS IN ARBITRATION: EFFICIENCY TOOL OR THREAT TO ARBITRAL INDEPENDENCE?

Volume IV Issue III /

PREDICTIVE ANALYTICS IN ARBITRATION: EFFICIENCY TOOL OR THREAT TO ARBITRAL INDEPENDENCE? Dr. Krishnapriya L, Assistant Professor, Christ Academy Institute of Law, Bengaluru (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.317 The growing integration of predictive analytics into arbitration marks a significant technological development in contemporary dispute resolution. By deploying artificial intelligence and machine learning systems trained on arbitral awards, procedural orders, institutional statistics, and arbitrator-related data, predictive tools promise to forecast likely outcomes, estimate damages, evaluate procedural trends, and support strategic case management. This paper critically examines whether predictive analytics functions primarily as an efficiency-enhancing mechanism or whether it creates deeper risks to arbitral independence and procedural integrity. Its central objective is to assess the balance between technological innovation and foundational arbitral principles, including neutrality, party autonomy, confidentiality, equality of arms, and adjudicatory discretion. Methodologically, the paper adopts a doctrinal, analytical, and comparative approach to arbitral rules, institutional practices, emerging AI guidelines, and relevant regulatory developments. The findings indicate that predictive analytics can improve procedural efficiency by facilitating early case assessment, encouraging informed settlement negotiations, reducing uncertainty, assisting resource allocation, and supporting more structured case management. However, reliance on historical arbitral data may also embed structural biases, create information asymmetries, intensify strategic arbitrator profiling, and indirectly pressure arbitrators to align decisions with statistical expectations. Because arbitration derives legitimacy from flexibility and individualized justice, excessive reliance on predictive tools may encourage standardization of outcomes and weaken the human judgment central to arbitral decision-making. The paper concludes that predictive analytics should be used strictly as an assistive tool rather than a determinative influence. To safeguard arbitral independence, transparency standards, verification duties, confidentiality protections, equality-oriented safeguards, and ethical governance frameworks are necessary to ensure that technological tools complement, rather than compromise, the core values of arbitration.

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TRIAL BY MEDIA AND THE TEST IDENTIFICATION PARADE: CLOSING THE “PENDENCY GAP” IN INDIA’S CONTEMPT LAW

Volume IV Issue III /

TRIAL BY MEDIA AND THE TEST IDENTIFICATION PARADE: CLOSING THE “PENDENCY GAP” IN INDIA’S CONTEMPT LAW Pooja Soni, BALLB Student currently in 5th year, pursuing BALLB at Seedling School of Law and Governance, Jaipur National University (India) Moazzam Daksh Hada, BALLB Student currently in 4th year, pursuing BALLB at Seedling School of Law and Governance, Jaipur National University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.316 A Test Identification Parade (TIP) is dependable only when a witness’s memory remains insulated from external influence. Yet Indian investigative practice often exposes arrested suspects through press briefings, custody walks, leaked photographs, and viral social-media circulation before any parade occurs. This paper examines whether the Contempt of Courts Act, 1971, adequately protects identification evidence from such prejudicial publicity. Using a doctrinal-comparative method, it analyses the Bharatiya Sakshya Adhiniyam, 2023; the Bharatiya Nagarik Suraksha Sanhita, 2023; the Contempt of Courts Act, 1971; the Information Technology Rules, 2021; comparative United Kingdom and United States law; and the Law Commission of India’s 200th Report. It argues that the Act’s “pendency” requirement, linked to the filing of a charge sheet or the issuance of summons or warrant, leaves the investigation stage substantially unregulated, even though pre-trial publicity may irreversibly contaminate witness memory before a TIP is held. The paper further shows that the Press Council of India and the News Broadcasting and Digital Standards Authority cannot fill this gap because their sanctions are non-coercive, fragmented, and largely post-facto. Drawing on the United Kingdom’s arrest-triggered strict-liability model and the Supreme Court’s proportionality reasoning in Sahara India Real Estate Corp. Ltd. v. SEBI (2012), the paper proposes two targeted reforms: redefining pendency from the point of arrest where identification is genuinely in issue, and creating a binding, platform-neutral co-regulatory framework covering print, broadcast, digital news, and social-media republication. By locating trial-by-media harm in the evidentiary contamination of TIPs rather than only reputational prejudice, the paper contributes a narrower and more operational account of fair-trial protection in Indian contempt law.

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TRACING THE RELEVANCE OF BLOCKCHAIN IN THE FIELD OF COPYRIGHT: BY ANALYTICALLY EXAMINING THE JOURNEY OF CONCEPT OF COPYRIGHT LAW, ROLE OF BLOCKCHAIN IN REGULATING MUSIC INDUSTRY, LICENSING, OUTPUT DEVELOPED USING ARTIFICIAL INTELLIGENCE, OWNERSHIP CLAIMS, DIGITAL RIGHTS MANAGEMENT SYSTEMS – INTERNATIONALLY AND NATIONALLY, PROBLEMS FACED DURING ENFORCEMENT AND ITS IMPRESSION ON SOCIAL JUSTICE IN INDIA

Volume IV Issue III /

TRACING THE RELEVANCE OF BLOCKCHAIN IN THE FIELD OF COPYRIGHT: BY ANALYTICALLY EXAMINING THE JOURNEY OF CONCEPT OF COPYRIGHT LAW, ROLE OF BLOCKCHAIN IN REGULATING MUSIC INDUSTRY, LICENSING, OUTPUT DEVELOPED USING ARTIFICIAL INTELLIGENCE, OWNERSHIP CLAIMS, DIGITAL RIGHTS MANAGEMENT SYSTEMS – INTERNATIONALLY AND NATIONALLY, PROBLEMS FACED DURING ENFORCEMENT AND ITS IMPRESSION ON SOCIAL JUSTICE IN INDIA Vanshika Moriani, BBA.LL.B. 5th Year, Institute of Technology & Management, Raipur, Chhattisgarh (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.315 The intellectual property sector is undergoing through significant changes due to the rapid growth in the technology. This paper traces the history of the intellectual property with national and international frameworks from Statute of Anne to the World Intellectual Property Organization and emerging technologies, explores the relevance of blockchain technology in the field of copyright, concept of related terms like Digital Rights Management Systems, licensing, ownership claims and AI-generated contents and how this technology has affected music industry so far. This paper also highlights the enforcement issues faced in India and how this technology aids in serving justice. The methodology used in this research paper is primarily analytical and doctrinal in nature. It uses an analytical approach to underline the history of the intellectual property. The study counts on primary sources, which includes The Copyright Act, 1957, The Digital Personal Data Protection Act, 2023 and judicial decisions of courts of India. The secondary sources used in this paper are WIPO reports, The National Blockchain Frameworks and international case laws. The key findings of this paper point out on how the core features of blockchain technology, that is, immutability, timestamping, decentralized ledger, etc will bring revolution in the IP sector (particularly in the music industry), help in serving justice to the creators in cases of ownership claims, AI-generated contents, etc., and also the shortcomings which might be faced by the world in the use of this technology. Finally, this paper concludes that while blockchain technology is a boon for creators and innovators, but its success depends on legislative harmonization as well.

TRACING THE RELEVANCE OF BLOCKCHAIN IN THE FIELD OF COPYRIGHT: BY ANALYTICALLY EXAMINING THE JOURNEY OF CONCEPT OF COPYRIGHT LAW, ROLE OF BLOCKCHAIN IN REGULATING MUSIC INDUSTRY, LICENSING, OUTPUT DEVELOPED USING ARTIFICIAL INTELLIGENCE, OWNERSHIP CLAIMS, DIGITAL RIGHTS MANAGEMENT SYSTEMS – INTERNATIONALLY AND NATIONALLY, PROBLEMS FACED DURING ENFORCEMENT AND ITS IMPRESSION ON SOCIAL JUSTICE IN INDIA Read More »

THE NEED FOR A UNIFIED LEGAL FRAMEWORK FOR MEDIA IN INDIA

Volume IV Issue III /

THE NEED FOR A UNIFIED LEGAL FRAMEWORK FOR MEDIA IN INDIA Priyanshu Tanwar, Student, 5th Semester student pursuing LLB (H.) at Amity Law School, Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.314 India regulates its media through a patchwork of statutes, rules and executive circulars, most of them written for a specific technology and a specific era. Print, cinema, cable and satellite broadcasting, and the internet each answer to a different ministry and a different set of standards. This paper argues that such fragmentation cannot hold up in a converged media landscape, where the same story can run in a newspaper, on television and across social media within minutes, yet face separate legal tests depending on where it appears. Working from a doctrinal method, the paper traces how Indian media law developed historically, maps the present regulatory landscape, and examines how Article 19(1)(a) grounds press freedom constitutionally. It then turns to the practical fallout of fragmentation regulatory arbitrage, inconsistent standards, weak enforcement, jurisdictional overlap, and public confusion before assessing recent moves toward consolidation, including the Telecommunications Act 2023, the draft Broadcasting Services (Regulation) Bill, and the Press and Registration of Periodicals Act 2023. The paper also draws briefly on the United Kingdom’s Ofcom model to show how converged audio-visual regulation can operate through a more coherent institutional structure. It argues that India should move toward a single, technology-neutral media law enacted by Parliament, administered by an independent regulator with specialised divisions for print, film, broadcast, and digital media. Such a framework should preserve existing expertise, create a unified grievance mechanism, apply standards by type of harm rather than by platform, and permit phased implementation to avoid regulatory disruption. The paper concludes that a unified media law is both achievable and necessary, provided it contains express safeguards for editorial independence, proportionality, and free expression under Article 19(1)(a).

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BALANCING INNOVATION AND HUMAN RIGHTS: REASSESSING PRIVACY AND AUTONOMY IN AI GOVERNANCE

Volume IV Issue III /

BALANCING INNOVATION AND HUMAN RIGHTS: REASSESSING PRIVACY AND AUTONOMY IN AI GOVERNANCE Gaurav Anand, B.A. LL.B. (Hons.), Fourth Year, Gitarattan International Business School, Guru Gobind Singh Indraprastha University (GGSIPU), New Delhi (India) Harsh Raj, B.A. LL.B. (Hons.), Fourth Year, Gitarattan International Business School, Guru Gobind Singh Indraprastha University (GGSIPU), New Delhi (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.313 Artificial Intelligence is increasingly shaping governance, public administration, commercial decision-making, and everyday digital interactions. While AI offers significant benefits in innovation, efficiency, security, welfare delivery, and economic growth, its dependence on large-scale data extraction raises serious concerns for privacy, autonomy, dignity, and equality. This paper examines the central research problem of how AI systems, when deployed by the State and powerful private actors, may transform individuals into data subjects through profiling, behavioural prediction, biometric identification, surveillance, and opaque automated decision-making. The study adopts a rights-based and doctrinal legal approach to assess whether existing constitutional and statutory protections are adequate to respond to these risks in India. The paper analyses the constitutional foundations of privacy, dignity, autonomy, and equality under Articles 14, 19, and 21 of the Constitution of India, with particular emphasis on the Supreme Court’s recognition of privacy in K.S. Puttaswamy v. Union of India. It further evaluates the Digital Personal Data Protection Act, 2023, and identifies its limitations in addressing algorithmic bias, inferential data, automated decision-making, and AI-specific accountability. Comparative insights are drawn from the European Union’s General Data Protection Regulation, the EU AI Act, the OECD AI Principles, and UNESCO’s Recommendation on the Ethics of Artificial Intelligence. The paper argues that India requires a comprehensive, human-rights-oriented AI governance framework. It recommends the establishment of an independent AI Ethics and Accountability Commission, mandatory AI Impact Assessments and Human Rights Impact Assessments for high-risk systems, stronger transparency and contestability rights, restrictions on biometric surveillance, and meaningful remedies for persons affected by automated decisions.

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MULTIPLE DYING DECLARATIONS AND THE SEARCH FOR RELIABILITY: JUDICIAL APPROACHES UNDER SECTION 26(A) OF THE BHARATIYA SAKSHYA ADHINIYAM, 2023

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MULTIPLE DYING DECLARATIONS AND THE SEARCH FOR RELIABILITY: JUDICIAL APPROACHES UNDER SECTION 26(A) OF THE BHARATIYA SAKSHYA ADHINIYAM, 2023 Jiya Dargar, BALLB (hons.), IX semester student at National Law Institute University, Bhopal (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.312 A dying declaration is admissible under Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 even though the maker cannot be cross-examined. The rule rests on the assumption that a person facing death is unlikely to speak falsely. In practice, however, a victim may make more than one statement before death. When such statements differ on material points, including the identity of the assailant or the manner in which the injury was caused, courts must determine which declaration, if any, can safely be relied upon. This paper addresses that precise doctrinal and practical difficulty. Its focus is not on restating every condition for a valid dying declaration, but on examining judicial treatment of multiple and inconsistent declarations under Section 26(a). The paper adopts a doctrinal methodology by analysing the statutory text, leading Supreme Court decisions, standard Indian commentaries on evidence law, and limited comparative reference to the narrower English rule. Particular attention is given to authorities such as Amol Singh v State of Madhya Pradesh, Jagbir Singh v State (NCT of Delhi), and the recent decision in Jemaben v State of Gujarat. The central argument is that the admissibility of a dying declaration is only the starting point; its reliability must be tested independently and contextually. Building on the multi-factor approach in Jagbir Singh, the paper proposes a compact five-step judicial sequence: chronological mapping, scrutiny of voluntariness and fitness, classification of material inconsistencies, conditional preference for independent recording, and reasoned judicial selection. This structured approach does not alter the existing doctrine. Rather, it converts established principles into a clearer procedural checklist, reduces the risk of selective acceptance, and promotes greater transparency in cases where the deceased has left behind conflicting accounts.

MULTIPLE DYING DECLARATIONS AND THE SEARCH FOR RELIABILITY: JUDICIAL APPROACHES UNDER SECTION 26(A) OF THE BHARATIYA SAKSHYA ADHINIYAM, 2023 Read More »

CHEQUE DISHONOUR AND CRIMINAL JURISPRUDENCE IN INDIA: ANALYSING THE SHIFT TOWARDS DECRIMINALISATION

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CHEQUE DISHONOUR AND CRIMINAL JURISPRUDENCE IN INDIA: ANALYSING THE SHIFT TOWARDS DECRIMINALISATION Rajbir Kaur, Research Scholar, Faculty of Law, Guru Kashi University, Talwandi Sabo, Bathinda, Punjab (India) Arpana Bansal, Associate Professor, Faculty of Law, Guru Kashi University, Talwandi Sabo, Bathinda, Punjab (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.311 Cheque dishonour occurs when a cheque is returned unpaid due to insufficient funds or other reasons. Section 138 of the Negotiable Instruments Act, 1881 criminalises such dishonour under certain conditions. This has made cheque dishonour one the most litigated forms of financial offence in India with millions of pending cases in front of the courts today. Cheque dishonour was introduced as part of an amendment in 1988 to enhance the credibility of cheques and ultimately prevent payment defaults. Over time, concerns surrounding strict liability, excessive criminalisation of commercial disputes and increasing backlogs in the judicial system have arisen. Many legal scholars, policymakers and institutions including the Supreme Court of India and the Reserve Bank of India have been debating whether criminal prosecution continues to be an appropriate way to deal with bounced cheques. This article examines the legal framework and jurisprudential foundation of criminalising bounced cheques in India. Additionally, this paper looks at the current policy discussion regarding possible reforms. This study follows a doctrinal legal approach to determine the compatibility of Section 138 with important principles of criminal jurisprudence including mens rea, proportionality and restorative justice; however, this paper concludes that criminal liability for cheque dishonour should only apply to cases that involve fraud or intentional deception. Ordinary disputes over cheque dishonour should be handled through civil or administrative means. This study proposes a Hybrid model that includes civil remedies, administrative sanctions, and institutional reform through the creation of Financial Tribunals and the use of Mediation and Online Alternative Dispute Resolution (ADR).

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CANCEL CULTURE, DIGITAL VIGILANTISM, AND THE CHILLING EFFECT: ONLINE EXPRESSION AND MEDIA LAW IN INDIA

Volume IV Issue III /

CANCEL CULTURE, DIGITAL VIGILANTISM, AND THE CHILLING EFFECT: ONLINE EXPRESSION AND MEDIA LAW IN INDIA Ishaan Bhardwaj, BALLB, 3rd semester, Second Year, student at Symbiosis Law School, Nagpur, Symbiosis International Deemed University, Pune (India) Anushree Mukte, Assistant Professor, Symbiosis Law School, Nagpur, Symbiosis International Deemed University, Pune (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.310 The advent of cancel culture as a form of digital public discourse poses a significant challenge to freedom of expression in India by generating a form of horizontal chilling effect that operates beyond traditional constitutional restraints on State censorship. Unlike vertical restrictions governed by Article 19(1)(a), cancel culture involves decentralized social mobilization through digital platforms, where reputational condemnation, professional exclusion, and psychological harm may arise without meaningful opportunity to respond, judicial oversight, or procedural safeguards. This creates a constitutional lacuna in which informal social punishment can substantially affect expressive freedom without directly engaging the existing framework governing State action. The doctrinal foundation for examining this phenomenon lies in the Supreme Court’s decision in Shreya Singhal v. Union of India, where vague and overbroad restrictions were invalidated for their potential to produce a chilling effect on constitutionally protected speech. This article argues that algorithmically amplified social condemnation can generate a structurally analogous chilling effect, although through informal and decentralized mechanisms rather than explicit legal prohibition. The resulting tension raises questions concerning the horizontal application of constitutional values, particularly freedom of expression and principles of procedural fairness, within digital public discourse. The article therefore contends that addressing cancel culture through expansive State regulation risks reproducing the very dangers of excessive speech control that Shreya Singhal sought to prevent. Instead, it proposes a resilience-based constitutional approach centred on four structural interventions: strengthening counter-speech as an alternative to cancellation, developing proportionate accountability norms for online communities, encouraging procedural fairness in digital accountability practices, and investing in digital literacy. Such an approach seeks to preserve democratic pluralism while mitigating the informal chilling effects generated by algorithmically amplified public condemnation.

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BRIDGING THE GAP: A CRITICAL ANALYSIS OF INDIA’S CROSS-BORDER INSOLVENCY REFORM UNDER THE INSOLVENCY AND BANKRUPTCY CODE (AMENDMENT) ACT, 2026, AND THE CASE FOR FULL ADOPTION OF THE UNCITRAL MODEL LAW ON CROSS-BORDER INSOLVENCY

Volume IV Issue III /

BRIDGING THE GAP: A CRITICAL ANALYSIS OF INDIA’S CROSS-BORDER INSOLVENCY REFORM UNDER THE INSOLVENCY AND BANKRUPTCY CODE (AMENDMENT) ACT, 2026, AND THE CASE FOR FULL ADOPTION OF THE UNCITRAL MODEL LAW ON CROSS-BORDER INSOLVENCY Harsh Raj, B.A. LL.B. (Hons.), Final Year, Gitarattan International Business School, Guru Gobind Singh Indraprastha University (GGSIPU), New Delhi (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.309 The Insolvency and Bankruptcy Code, 2016 (“IBC”) transformed India’s domestic debt-resolution framework, yet for nearly a decade cross-border insolvency remained confined to Sections 234 and 235, two skeletal provisions dependent on bilateral reciprocity and letters of request that India never meaningfully operationalised. As Indian corporate groups accumulated overseas assets and foreign lenders extended credit to Indian borrowers, this statutory vacuum produced tribunal-led improvisation and, most visibly, parallel Delaware and Indian proceedings in the Byju’s insolvency, where GLAS Trust Company lacked any statutory mechanism for coordinated recognition, although the Supreme Court proceedings ultimately turned on a domestic procedural issue rather than cross-border recognition itself. This paper undertakes a doctrinal examination of the Insolvency and Bankruptcy Code (Amendment) Act, 2026, which inserts Section 240C, Section 240B, and Chapter VA and moves India, at least textually, toward the UNCITRAL Model Law on Cross-Border Insolvency, 1997. It argues that the 2026 Amendment is best understood as an unfinished reform: Section 240C, Section 240B, and the Chapter VA group insolvency framework were excluded from the commencement notification that brought the bulk of the Amendment into force on 26 May 2026, leaving foreign creditors without an operative recognition mechanism and group insolvency coordination still inoperative. Drawing on the legislative history from the Eradi and Irani Committees to the Insolvency Law Committee’s 2018 report, and on comparative practice in the United States, United Kingdom, Singapore, and the European Union, the paper evaluates whether India’s calibrated, reciprocity-conscious approach is defensible or risks reproducing uncertainty. It recommends prompt rule-making under Section 240C, specialised NCLT capacity-building, and closer alignment with the Judicial Insolvency Network Guidelines.

BRIDGING THE GAP: A CRITICAL ANALYSIS OF INDIA’S CROSS-BORDER INSOLVENCY REFORM UNDER THE INSOLVENCY AND BANKRUPTCY CODE (AMENDMENT) ACT, 2026, AND THE CASE FOR FULL ADOPTION OF THE UNCITRAL MODEL LAW ON CROSS-BORDER INSOLVENCY Read More »