LIJDLR

Consumer protection

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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REGULATING ONLINE GAMING AND E-SPORTS IN INDIA: LEGAL FRAMEWORKS, CONSUMER PROTECTION AND INNOVATION

Volume IV Issue II /

REGULATING ONLINE GAMING AND E-SPORTS IN INDIA: LEGAL FRAMEWORKS, CONSUMER PROTECTION AND INNOVATION E.A. Vidhyabharathi, Assistant. Professor of Law at KMC College of Law, Tirupur, Research Scholar, Second Year, The Tamil Nadu Dr. Ambedkar Law University, SOEL, Chennai, Tamil Nadu (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.243 Online gaming and e-sports have emerged as one of the fastest-growing sectors of India’s digital economy, creating significant legal and regulatory challenges relating to gambling regulation, consumer protection, data privacy, taxation, intermediary liability, and the constitutional distribution of legislative powers between the Union and the States. The enactment of the Promotion and Regulation of Online Gaming Act, 2025 (Act No. 32 of 2025) and the Promotion and Regulation of Online Gaming Rules, 2026 has fundamentally transformed the regulatory framework by prohibiting online money games irrespective of whether they involve skill or chance while establishing a statutory regime for the governance and promotion of e-sports and online social games. This study adopts a doctrinal and comparative legal research methodology through an examination of the Constitution of India, the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, the Consumer Protection Act, 2019, the Promotion and Regulation of Online Gaming Act, 2025, the Promotion and Regulation of Online Gaming Rules, 2026, and leading judicial decisions concerning online gaming regulation and constitutional federalism. A comparative assessment of the regulatory frameworks of the United Kingdom and the United States is undertaken to identify international best practices relating to licensing, consumer protection, responsible gaming, regulatory oversight, and institutional governance. The study finds that India’s post-2026 framework represents a decisive shift from the traditional skill-versus-chance doctrine towards a statutory classification-based model that prioritises consumer welfare, public health, and regulatory certainty. It recommends strengthening cooperative federalism, enhancing regulatory coordination, improving transparency and algorithmic accountability of gaming platforms, reinforcing personal data protection, rationalising taxation, and developing a dedicated governance framework for e-sports to ensure a constitutionally sustainable, technologically responsive, and consumer-centric regulatory regime.

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ISSUES AND CHALLENGES FACED BY ELECTION COMMISSION: A COMPARATIVE STUDY OF DEVELOPING NATIONS

Volume IV Issue I /

ISSUES AND CHALLENGES FACED BY ELECTION COMMISSION: A COMPARATIVE STUDY OF DEVELOPING NATIONS Nishtha Singh, LL.M Student at Amity University Lucknow Campus (India) Dr. Taru Mishra, Assistant Professor at Amity University Lucknow Campus (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.18 Election commissions in developing nations work inside fragile democracies with deep social divides and uneven state capacity, so pressure on electoral administration stays high. This paper studies how law, institutions and political practice shape the independence and credibility of these bodies. It takes India as the primary case and then compares it with other developing jurisdictions to see how different constitutional choices seek to secure free and fair elections. The analysis links domestic rules with global norms on political participation. It places guarantees of genuine periodic elections under Article 25 of the International Covenant on Civil and Political Rights and General Comment No. 25 next to national constitutional provisions. It then studies how Article 324 of the Constitution of India, the Representation of the People Acts and related rules build the mandate of the Election Commission of India, and how far this mandate reflects emerging good practice in the Global South. Attention also goes to voter registration, campaign regulation, media oversight and the rapid growth of digital tools in electioneering, since these factors test the capacity of election commissions in visible ways. The paper engages with decisions of the Supreme Court of India and apex courts in other developing democracies. It examines how courts describe the idea of free and fair elections, and how they use judicial review to protect or reshape the powers of election commissions. Decisions such as Mohinder Singh Gill v. Chief Election Commissioner, Union of India v. Association for Democratic Reforms, People’s Union for Civil Liberties v. Union of India and the South African case New National Party of South Africa v. Government of the Republic of South Africa illustrate how courts treat election bodies as constitutional guardians of electoral integrity.

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JOHNSON & JOHNSON V. PRITAMDAS ARORA T/A M/S MEDSERVE & ANR., 2025

Volume IV Issue I /

JOHNSON & JOHNSON V. PRITAMDAS ARORA T/A M/S MEDSERVE & ANR., 2025 Drishti Banerjee, LL.M. in Intellectual Property Law and Management, WIPO-NLU DELHI-IPO (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.17 This case analysis examines the decision of the High Court of Delhi in Johnson & Johnson v. Pritamdas Arora t/a M/s Medserve & Anr., 2025, a significant ruling addressing large-scale counterfeiting of surgical medical devices. The dispute arose after counterfeiting hemostatic products bearing the registered trademarks ‘SURGICEL’ and ‘ETHICON’ were traced to an organised distribution network linked to the Defendants in New Delhi. The counterfeit goods involved expired products that were repackaged, relabelled with falsified expiry dates, and distributed domestically and internationally, posing serious public health risks. The principal legal issues before the Court concerned: (i) infringement of registered trademarks under Section 29 of the Trade Marks Act, 1999; (ii) passing off in respect of non-registered marks and trade dress; (iii) the grant of permanent injunctive relief; and (iv) the assessment of compensatory and exemplary damages in cases of deliberate and calculated counterfeiting involving medical devices. The Court held that the Defendants were guilty of trademark infringement, passing off, and organised counterfeiting. Relying on documentary evidence, including electronic communications and findings of Local Commissioners, the Court established deliberate falsification, fraudulent misrepresentation, and transnational commercial operations. A decree of permanent injunction was granted, counterfeit goods were ordered to be destroyed, compensatory damages of ₹2.34 crore and exemplary damages of ₹1 crore were awarded, along with costs. The judgment is significant in trademark infringement jurisprudence for its structured damages framework, integration of proportionality principles, recognition of trade dress protection, and its strong articulation of the public health dimension in cases involving counterfeit medical products.

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INDIAN SCENARIO WITH AN OVERVIEW OF MRTP ACT, 1969

Volume IV Issue I /

INDIAN SCENARIO WITH AN OVERVIEW OF MRTP ACT, 1969 Divyansh Singh, L.L.M (CORPORATE LAW)1year, 2nd sem Student (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.16 The Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act) marked a watershed moment in India’s economic and regulatory history. Enacted in response to the growing concentration of economic power and monopolistic tendencies in the post-independence Indian economy, the MRTP Act sought to prevent monopolies, regulate restrictive and unfair trade practices, and safeguard consumer interests in furtherance of the constitutional mandate under Article 39(b) and (c). This research paper undertakes a comprehensive doctrinal analysis of the MRTP Act, 1969, examining its legislative intent, structural framework, institutional mechanisms, implementation challenges, and eventual repeal upon the enactment of the Competition Act, 2002. Through a critical study of statutory provisions, landmark judicial pronouncements, and the recommendations of the Raghavan Committee (2000), the paper assesses the operational efficacy of the MRTP regime. The analysis highlights how judicial interpretation expanded the scope of restrictive and unfair trade practices, yet the Commission’s limited enforcement powers and absence of deterrent penalties significantly constrained effective regulation. It is argued that these structural and functional limitations, particularly in the context of post-1991 economic liberalization, necessitated the transition to a modern, effects-based competition law framework aligned with international best practices.

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REGULATORY EQUILIBRIUM IN EMERGING MARKETS: SAFEGUARDING CONSUMERS WHILE PRESERVING FINTECH INNOVATION UNDER NATIONAL LEGAL FRAMEWORKS IN SOUTH ASIA

Volume III Issue IV /

REGULATORY EQUILIBRIUM IN EMERGING MARKETS: SAFEGUARDING CONSUMERS WHILE PRESERVING FINTECH INNOVATION UNDER NATIONAL LEGAL FRAMEWORKS IN SOUTH ASIA Anmol Singhal, 4th Year B.A. LL.B Student at Bharati Vidyapeeth (Deemed to be University) New Law College, Pune (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.162 The rapid proliferation of financial technology across South Asian economies has created unprecedented opportunities for financial inclusion and digital transformation, yet simultaneously exposed regulatory gaps that threaten consumer interests and systemic stability. This paper examines the critical nexus between innovation facilitation and consumer protection mechanisms within existing national regulatory frameworks across the region. Drawing on comparative analysis of regulatory approaches in India, Bangladesh, Sri Lanka, and other South Asian jurisdictions, the study investigates how policymakers navigate the inherent tensions between fostering a competitive fintech ecosystem and implementing robust safeguards against predatory practices, data breaches, and systemic risks. The paper argues that effective regulation requires not merely restrictive compliance but rather a calibrated, innovation-aware legal architecture that accommodates emerging business models, including digital lending platforms, payment service providers, and alternative investment mechanisms, whilst maintaining stringent consumer protection standards. Through examination of licensing frameworks, prudential norms, and grievance redressal mechanisms, this work demonstrates that the regulatory challenge in South Asia transcends traditional binary approaches. Instead, it necessitates dynamic legal instruments capable of evolving alongside technological advancement, supported by institutional capacity-building among regulators and meaningful stakeholder participation. The research concludes that sustainable fintech governance depends on establishing enforceable consumer protection standards, transparent algorithmic accountability and cross-border regulatory coordination, without imposing prohibitive compliance burdens that stifle legitimate innovation. Ultimately, this paper contributes to ongoing policy discourse by proposing a contextualised regulatory framework suited to South Asia’s development imperatives and technological trajectory.

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THE EVOLUTION AND REGULATION OF E-COMMERCE IN INDIA: LEGAL FRAMEWORK, CHALLENGES, AND FUTURE DIRECTIONS

Volume III Issue IV /

THE EVOLUTION AND REGULATION OF E-COMMERCE IN INDIA: LEGAL FRAMEWORK, CHALLENGES, AND FUTURE DIRECTIONS Dr. Siddhant Chandra, Assistant professor at Xavier law school , Xavier University (Kolkata) Dhiraj Kumar Sharma, Student of B.A LL.B 9th semester, Vinoba Bhave University, Hazaribag, Jharkhand (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.123 India’s e-commerce sector has emerged as one of the fastest-growing digital markets globally, with projections indicating exponential growth from USD 107.7 billion in 2024 to USD 650.4 billion by 2033. This transformative growth is driven by increasing internet penetration, widespread smartphone adoption, robust digital payment infrastructure exemplified by the Unified Payments Interface (UPI), and progressive government initiatives such as Digital India. However, this rapid expansion has necessitated the development of a comprehensive legal and regulatory framework to address multifaceted challenges including consumer protection, data privacy, intermediary liability, intellectual property rights infringement, and cross-border taxation complexities. This research article examines the evolution of e-commerce in India through the lens of its regulatory architecture, analyzing key legislations such as the Information Technology Act 2000, Consumer Protection (E-Commerce) Rules 2020, and the Digital Personal Data Protection Act 2023. The study explores the dichotomy between marketplace and inventory-based business models, investigates emerging issues related to artificial intelligence-driven commerce, counterfeit goods proliferation, and cross-border transactions, and evaluates dispute resolution mechanisms including online dispute resolution platforms. Through doctrinal analysis and examination of judicial precedents, this article identifies critical gaps in the current regulatory framework and proposes recommendations for harmonizing consumer protection with innovation. The findings reveal that while India has established a progressive regulatory ecosystem, challenges persist in enforcement, platform accountability, and adapting to rapidly evolving technologies. The article concludes that a balanced approach integrating technological advancement with robust consumer safeguards is essential for sustainable e-commerce growth in India’s digital economy.

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THE LEGISLATIVE ENSHRINEMENT OF CONSUMER PROTECTION IN TUNISIA: ANALYSIS OF THE LEGAL FOUNDATIONS AND CONTEMPORARY ADVANCES

Volume III Issue III /

THE LEGISLATIVE ENSHRINEMENT OF CONSUMER PROTECTION IN TUNISIA: ANALYSIS OF THE LEGAL FOUNDATIONS AND CONTEMPORARY ADVANCES Mokili Kiamodja Esther, bachelor’s degree in Private Law, Montplaisir University of Tunis, Tunisia; master’s degree in business and Corporate Law, Central University of Tunis, Tunisia; Assistant on first term at IBTP/Kisangani Bofoe Lokangu Starmans, Doctorate in Economic and Social Law, University of Kisangani Download Manuscript doi.org/10.70183/lijdlr.2025.v03.95 This article analyses the legislative enshrinement of consumer protection in Tunisia, following the normative and institutional development from 1992 to 2024. The study is based primarily on Law No. 92-117 of 7 December 1992, considered to be the founding text of consumer protection in Tunisia. It then examines the legislative additions that have consolidated it, as well as its recent adaptations to economic and technological developments. The research is based on a multidimensional legal methodology, combining analysis of the legislative and regulatory corpus, examination of Tunisian case law, and critical study of doctrine and institutional reports. It also provides a comparative perspective with international standards, in particular European directives and certain legislation adopted in Mediterranean countries. The results highlight a well-organised legal system that protects fundamental rights such as product safety, the right to information and legal guarantees. This system is also supported by mechanisms for recourse, mediation and sanctions, as well as specialised bodies. In practice, however, its effectiveness is limited by regulatory fragmentation, low consumer awareness and procedural delays. The study concludes that significant progress has been made, while emphasising the need for comprehensive codification of consumer law, strengthening of out-of-court dispute resolution mechanisms, development of consumer legal education, and continuous adaptation of legislation to new challenges, such as cross-border disputes and the repercussions of the COVID-19 pandemic. These recommendations aim to ensure more effective, equitable and sustainable protection for Tunisian consumers in a constantly changing market environment.

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RE-EVALUATING THE PRINCIPLE OF UTMOST GOOD FAITH IN INDIAN INSURANCE LAW: A CASE FOR LEGISLATIVE REFORM

Volume III Issue III /

RE-EVALUATING THE PRINCIPLE OF UTMOST GOOD FAITH IN INDIAN INSURANCE LAW: A CASE FOR LEGISLATIVE REFORM Adv. Lakshya Kaushish, LL.M. in Corporate & Finance (2025-26), 1st Trimester, Student at OP Jindal Global University, Sonipat, Haryana, India Adv. Plabanee Patnaik, Legal Manager at Aditya Birla Capital, Mumbai, Maharashtra, India Download Manuscript doi.org/10.70183/lijdlr.2025.v03.82 Indian insurance law is based on the legal principle of uberrimae fidei, which means “utmost good faith.” This principle was created to fix the problem of information asymmetry between the insurer and the insured. In today’s market, though, powerful insurance companies are using this doctrine more and more to deny claims based on technical non-disclosures. This creates a big power imbalance that goes against the main social goal of insurance, which is to be a safety net, and it leaves policyholders who are already vulnerable unfairly exposed. This raises important questions about consumer protection and fairness in contracts. This article critically analyses the Insurance Act of 1938, its related regulations, and the development of Supreme Court case law through a doctrinal legal framework enhanced by socio-legal and constitutional viewpoints, to assess the doctrine’s practical implications. The analysis indicates a discernible judicial trend aimed at alleviating the severity of uberrimae fidei, as the Supreme Court increasingly incorporates principles of proportionality and fairness. Even with these improvements, policyholders are still not well protected because the rules are too broad, and the enforcement is too weak. The results show that just changing the way the courts work is not enough. This article advocates for a thorough legislative reform, suggesting particular modifications to the Insurance Act of 1938 to substitute uberrimae fidei with a legal ‘duty of fair presentation’ and to establish a framework for proportional remedies. These kinds of changes would make fairness and justice a part of the system, making sure that the law helps people instead of making their lives harder.

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