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THE FUTURE OF JUDICIAL REVIEW IN INDIA: CHALLENGES AND OPPORTUNITIES IN THE 21ST CENTURY

THE FUTURE OF JUDICIAL REVIEW IN INDIA: CHALLENGES AND OPPORTUNITIES IN THE 21ST CENTURY Shreya Saxena, LLM (IP), Amity University (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.146 This paper critically examines the evolving landscape of judicial review in India, focusing on the multifaceted challenges and nascent opportunities presented by the technological advancements and socio-political dynamics of the 21st century. It specifically investigates how the integration of artificial intelligence and online dispute resolution mechanisms, while promising efficiency, concurrently introduces complex questions regarding due process, data privacy, and the fundamental right to access justice. Furthermore, the burgeoning caseload within the Indian judiciary necessitates innovative solutions, and AI-powered tools are emerging as potential aids for judges, particularly in research and preliminary judgment formulation. The Supreme Court of India’s e-Courts project, alongside initiatives like SUPACE and SUVAS, exemplifies a proactive embrace of technology to enhance judicial efficiency and address environmental sustainability concerns inherent in traditional paper-based systems. This digitalization effort is crucial given the over 4.32 crore cases pending across various courts, placing a significant burden on the judiciary to enhance its operational efficiency. The transition to digital platforms, accelerated by events such as the COVID-19 pandemic, has been pivotal in managing this burden, facilitating virtual hearings and enabling faster redressal of matters. Beyond these immediate benefits, the strategic implementation of artificial intelligence in legal processes, such as the Supreme Court’s SUVAS system, has also demonstrated significant progress in translating complex legal documents into multiple regional languages, thereby improving accessibility and comprehension for a diverse populace. This technological integration also holds promise for streamlining judicial review itself, potentially aiding in case management, precedent analysis, and even the identification of systemic legal inconsistencies. This integration, however, necessitates a rigorous examination of its implications for the foundational principles of judicial review, including its potential to either reinforce or erode judicial independence and accountability. The present analysis critically assesses these developments through the dual theoretical lenses of “Law and Society” and “Legal Realism,” thereby providing a nuanced understanding of the interplay between legal norms, technological innovation, and societal impact.

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ADJOURNMENTS IN CIVIL SUITS: AN ANALYSIS OF LAW, PRACTICE, AND REFORM

ADJOURNMENTS IN CIVIL SUITS: AN ANALYSIS OF LAW, PRACTICE, AND REFORM Priyal Mehta, 3rd year/5th sem Student at JIMS EMTC (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.142 Adjournments are among the most contentious aspects of civil litigation in India. Intended as a procedural safeguard to ensure fairness, they allow courts to grant parties time when circumstances prevent effective participation in proceedings. However, over time, adjournments have come to symbolize delay, inefficiency, and abuse of process. In India’s overburdened judiciary, where more than 5 crore cases remain pending, adjournments are frequently cited as a principal cause of delay in civil suits. They are designed to provide flexibility in proceedings and ensure fairness by granting parties adequate time to present their case. However, in practice, adjournments are often misused as a tactic to delay proceedings, harass the opposite party, or prolong litigation. This has resulted in enormous delays in civil justice delivery, contributing significantly to India’s judicial backlog. The Code of Civil Procedure, 1908 (CPC), particularly Order XVII, regulates adjournments and restricts them to three per party. Judicial pronouncements have repeatedly stressed that adjournments must be exceptional. The problems associated with adjournments, such as delay, harassment of litigants, and erosion of judicial credibility, are balanced with the necessity of adjournments in genuine circumstances.  Yet, systemic weaknesses, professional practices, and judicial leniency undermine these safeguards. This paper offers a comprehensive analysis of adjournments in civil suits. It traces their legislative evolution, examines statutory provisions, reviews leading case law, and highlights problems caused by misuse. It situates adjournments within the constitutional framework of the right to speedy justice and the principle of fairness. A comparative perspective with jurisdictions like the UK, US, Singapore, Canada, and Australia demonstrates how strict case management reduces abuse. The paper also engages with Law Commission reports, empirical data on judicial delays, and practical challenges. It concludes with reform proposals including stricter enforcement of limits, realistic cost sanctions, case management hearings, and leveraging technology. The goal is to ensure adjournments remain tools of justice rather than weapons of delay.

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LEGAL EMPOWERMENT AND SOCIAL TRANSFORMATION: RETHINKING LAW-SOCIETY RELATIONS IN INDIA

LEGAL EMPOWERMENT AND SOCIAL TRANSFORMATION: RETHINKING LAW-SOCIETY RELATIONS IN INDIA Ms. Aashi Dixit, BBA-LL. B, LL.M, NET (Law) (India) Dr. Namrata Tiwari, Assistant Professor, Career College of Law, Bhopal (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.111 Legal consciousness marks the area between law and society, ensuring empowerment as well as equal justice to every citizen. India has an advanced legal framework in place, yet many remain oblivious of their rights and legal remedies- particularly those from marginalized communities. Social inequalities thrive in this scenario, and the efficacy of laws designed to protect weaker sections becomes weakened. This paper analyzes successful models of legal awareness initiatives, examining how public understanding of the legal system can be enhanced through case studies and comparative analysis. It explores the history of the development of legal education and awareness programs in India, highlights the challenges to legal literacy, and describes the roles of governmental and non-governmental organizations in promoting legal knowledge. The findings suggest that legal education should not remain confined to professionals but must become part of the general social fabric. Expanding legal literacy has the potential to transform citizens’ participation in democracy, strengthen access to justice, and promote empowerment through knowledge of rights and remedies. The study underscores the importance of integrating technology in disseminating legal information, thereby making the justice system more inclusive and accessible. By bridging the gap between law and society, India can move closer to achieving its constitutional goals of justice, equality, and dignity for all citizens.

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AI AND THE LEGAL FRONTIER: BALANCING INNOVATION AND CHALLENGES IN THE AGE OF ARTIFICIAL INTELLIGENCE

AI AND THE LEGAL FRONTIER: BALANCING INNOVATION AND CHALLENGES IN THE AGE OF ARTIFICIAL INTELLIGENCE Md. Jewel Ali, LLM Student at Department of Law, Aliah University, Kolkata Download Manuscript doi.org/10.70183/lijdlr.2024.v02.30 Artificial intelligence (AI) is revolutionizing the legal profession, bringing significant benefits in efficiency, cost reduction, and access to justice, while also introducing challenges related to employment, legal accountability, and data privacy. AI-powered tools are automating the tasks like legal research, document review, and contract analysis, allowing lawyers to perform these duties faster and more accurately. This automation, however, raises concerns about the future of entry-level legal jobs, as junior lawyers and paralegals traditionally handle much of such labor-intensive work. As AI takes over these tasks, fewer entry-level positions may be required, forcing law firms to reconsider traditional billable-hour models and adapt to a new pricing structure. At the same time, AI is creating new opportunities within the legal field. Lawyers who can manage AI technologies, interpret AI-driven insights, and integrate these tools into legal practice will be in high demand. The profession is likely to see new roles emerge, including AI ethics advisors and legal technologists, reflecting the growing need for expertise in the intersection of law and technology. In conclusion, AI offers transformative potential for the legal profession, streamlining processes, and enhancing access to justice, but it also presents ethical, legal, and practical challenges. Legal professionals who can harness the power of AI while ensuring compliance with legal standards and ethical guidelines will thrive in this new era. However, regulatory frameworks must evolve to adequately address the unique risks posed by AI, ensuring that its benefits are realized without compromising fairness, transparency, or accountability in the legal system. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 503-526. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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GENDER BASED VIOLENCE IN CYBERSPACE: A CRITICAL ANALYSIS OF LEGAL FRAMEWORK IN INDIA

GENDER BASED VIOLENCE IN CYBERSPACE: A CRITICAL ANALYSIS OF LEGAL FRAMEWORK IN INDIA Kanakshi Nema, Student at Hidayatullah National Law University Download Manuscript ABSTRACT Gender-based violence (GBV) in cyberspace is a growing global concern and India is no exception to it. This paper explores the Indian legal framework for addressing this issue, based on data from an online survey conducted with cyber users. The paper starts by understanding the concept of GBV in cyberspace and its types including cyber stalking, online harassment and morphing. The important Indian cases related to the issue, stressing the difficulties victims face in getting justice are discussed. Furthermore, the research analyses the measures implemented by the Indian government to tackle GBV in cyberspace. The paper contains findings from an online survey conducted, which highlights how ubiquitous GBV in cyberspace has become. The participants shared their perceptions, awareness and personal experiences, showing their concern on increasing number of instances of GBV in cyberspace. Further, the finding acknowledges that GBV affects individuals of all genders and not just females.  These findings bring out the urgent need for addressing and preventing GBV in India, including more awareness, education, and stronger legislative measures. The paper identifies gaps in the existing legal system and concludes by proposing suggestions for bridging the gaps. It advocates for comprehensive legislation to address GBV, drawing attention to raise awareness and establish support mechanisms for victims, promoting access to justice. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 37- 61. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024 Recent content

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THE IMPACT OF TECHNOLOGY ON THE LAW

THE IMPACT OF TECHNOLOGY ON THE LAW Priyal Thakor, Law Student, kes’ shri jayantilal h. Patel law college, mumbai, maharashtra Download Manuscript ABSTRACT The article focuses on how technology has fundamentally changed the practice of law, from legal education to actual practice. While enhancing legal services, technology has sped up business dealings and enhanced learning. ICT, or information and communication technology[1], is key to this shift. All facets of the legal profession have been impacted by technology, which has increased productivity, facilitated access to justice, and made work in courts and government organisations easier. In order to meet customer expectations, law firms have realised that offering tech-based services gives them a competitive advantage. In the end, technology encompasses digital and electronic instruments that make it easy to acquire information. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue III, Page 207- 217. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content THE IMPACT OF TECHNOLOGY ON THE LAW EQUALITY: EXPLORING TRANSFORMING LAW AND WOMEN’S RIGHTS THE COLLEGIUM VS NJAC DEBATE: ANALYZING INDIA’S JUDICIAL APPOINTMENT SYSTEMS ROLE OF INDEPENDENT DIRECTOR IN CORPORATE GOVERNANCE Water Rights And Climate Change: An Analysis Of Transboundary Water Conflicts Amidst Environmental Challenges In The Indus Region With Specific Reference To The Indus Waters Treaty Of 1960 Alternative Dispute Resolution Mechanism In India: Limitations And Recommendations

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