LIJDLR

Fundamental Rights

A DOCTRINAL ANALYSIS OF INDIA’S CONSTITUTIONAL DEVELOPMENT: FROM COLONIAL FOUNDATIONS TO DIGITAL GOVERNANCE

Volume IV Issue I /

A DOCTRINAL ANALYSIS OF INDIA’S CONSTITUTIONAL DEVELOPMENT: FROM COLONIAL FOUNDATIONS TO DIGITAL GOVERNANCE Lamiya Sultana, Assistant Professor & Program Coordinator, School of legal Studies, Swami Vivekananda University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.134 The Constitution of India represents a transformative legal and political framework shaped by the historical, social, and psychological experiences of colonial rule. Far beyond a static legal document, it embodies the aspirations of a newly independent nation striving to secure justice, liberty, equality, and dignity for its citizens. This paper undertakes a doctrinal study of India’s constitutional transformation, tracing its evolution from colonial governance structures to its contemporary engagement with digital realities. The study examines the psychological foundations underlying the framing of the Constitution, including the influence of colonial repression, nationalist movements, and the desire for social reconstruction. It further analyzes how constitutional principles have been interpreted and reinterpreted through judicial doctrines such as the Basic Structure Doctrine, constitutional morality, and transformative constitutionalism. In the contemporary context, the Constitution faces new challenges arising from globalization, technological advancements, and digital governance. Issues such as data privacy, artificial intelligence, freedom of speech in the digital sphere, and judicial independence demand nuanced constitutional responses. Through an analysis of landmark judicial decisions and legislative developments, this paper argues that while the Constitution remains structurally resilient, its continued relevance depends on dynamic interpretation and adaptive governance.

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THE EVOLUTION OF PRIVACY AS A FUNDAMENTAL RIGHT IN THE AGE OF CYBER CRIME

Volume IV Issue I /

THE EVOLUTION OF PRIVACY AS A FUNDAMENTAL RIGHT IN THE AGE OF CYBER CRIME Tanmay Gujarathi, Advocate at Bombay High Court (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.128 This paper examines the development of privacy as a fundamental right in the context of rising cyber-crime and rapid digitalization. In the current digital world, huge amounts of personal data are produced, collected, and processed throughout day-to-day online activities, exposing individuals to increasing risks such as data theft, hacking, phishing, and cyber terrorism. The shocking rise in cyber-crime cases underlines the urgent need for strong legal safeguards to protect personal information and preserve individual autonomy. The paper looks into privacy not only as a negative right of exclusion but as a broad concept deep rooted in dignity, choice, and trust. It critically analyses the judicial recognition of privacy as a fundamental right under Articles 14, 19, and 21 of the Constitution, particularly through the landmark judgment in Justice K.S. Puttaswamy (Retd.) v. Union of India, which affirmed the right to privacy as inherent to life and personal liberty. At the same time, it acknowledges that this right is not absolute and may be reasonably restricted under law. The study adopts a doctrinal and analytical methodology, relying on constitutional provisions, judicial decisions, statutory frameworks, and secondary sources. Further, the paper classifies numerous forms of cyber-crimes and inspects India’s divided yet developing legal framework, as well as sector-specific legislation. It critically examines the Digital Personal Data Protection Act, 2023 as a major step toward establishing a comprehensive, rights-based data protection rule, while also recognising challenges relating to application, regulatory transparency, and potential state outreach. The paper concludes that protecting privacy in the digital era requires a balanced approach by combining strong legal frameworks, effective enforcement, technological safeguards, and public awareness, ensuring that privacy remains meaningful in an increasingly interconnected world.

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RETHINKING CONSTITUTIONAL REMEDIES UNDER ARTICLE 32 AND ARTICLE 226 FOR GENERATIVE AI- CAUSED FUNDAMENTAL RIGHTS VIOLATIONS

Volume IV Issue I /

RETHINKING CONSTITUTIONAL REMEDIES UNDER ARTICLE 32 AND ARTICLE 226 FOR GENERATIVE AI- CAUSED FUNDAMENTAL RIGHTS VIOLATIONS Kaveri, LL.M (Constitutional law and Administrative Law), 2nd Semester, Student at Gujarat National Law University, Silvassa (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.120 It can read faster, think faster, comprehend faster- “Gen- AI” clearly has reduced human effort, a little too much. Gen- AI’s rise in recent times is era defining and as it goes, everything comes with its own unique challenges. To address this, Gen-AI needs to be legislated first, properly regulated. But there needs to be (initially) a practical redressal system for Fundamental Rights Violations caused by Generative AI technology. For this, we do have Article 32 and Article 226, but not without its own grey areas. As GenAI systems, operated by corporate entities, increasingly cause reputational, discriminatory, and financial harms, the existing legal frameworks particularly the definition of ‘State’ under Article 12 and traditional writ remedies do not give a complete answer to the problem at hand. The judgement in Kaushal Kishor v. State of U.P. (2023) has established that Article 19 and Article 21 can be enforced against Private entities, but how does one build a “chain of causation” in Gen-AI fundamental rights’ violations, for aggrieved party to bring several parties into defendant/respondent side. This article posits that the Indian Constitution possesses the inherent dynamism to bridge this gap and our Judiciary can answer these challenges and bring clarity to it, via Judicial Interpretation and some Judicial Creativity. We should evaluate if private entities exercising ‘functional sovereignty’ via GenAI can be brought under an expanded Article 12 ambit. And could the courts recognise a new constitutional tort of AI-based reckless or simple negligence?

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WORKPLACE SAFETY IN INDIA: JUDICIAL FOUNDATIONS AND THE OSHWC CODE, 2020

Volume IV Issue I /

WORKPLACE SAFETY IN INDIA: JUDICIAL FOUNDATIONS AND THE OSHWC CODE, 2020 Hanishree Saravanan, 8th semester student pursuing BBA LLB(HONS) at School of Excellence in Law, Tamilnadu Dr.Ambedkar Law University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.104 The recognition of a safe workplace as a fundamental right represents a significant evolution in Indian constitutional and labour jurisprudence. Traditionally, workplace safety in India was governed through fragmented statutory frameworks such as the Factories Act, 1948 and the Mines Act, 1952, which treated occupational safety primarily as a regulatory obligation imposed upon employers. However, judicial interpretation, particularly by the Supreme Court of India, transformed this understanding by expanding the scope of Article 21 of the Constitution to include the right to health, dignity, and humane working conditions. Landmark decisions such as People’s Union for Democratic Rights v. Union of India, Bandhua Mukti Morcha v. Union of India, and Consumer Education and Research Centre v. Union of India established that unsafe and exploitative working environments violate the constitutional guarantee of life and personal liberty. The Occupational Safety, Health and Working Conditions Code, 2020 (OSHWC Code) represents a legislative response to this evolving constitutional vision by consolidating thirteen labour laws into a unified framework governing occupational safety, health, and welfare. The Code seeks to standardize safety obligations, strengthen employer accountability, and introduce modern compliance mechanisms such as digital inspections and risk-based regulation. This paper examines the judicial foundations that elevated workplace safety to a constitutional right and critically evaluates whether the OSHWC Code adequately reflects these principles. It argues that while the Code institutionalizes judicially recognized protections, effective enforcement and implementation remain essential to realizing workplace safety as a substantive fundamental right rather than a merely statutory promise. The study highlights the continuing role of constitutional courts in bridging gaps between legislative intent and workplace realities in India’s evolving labour governance framework.

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JUDGEMENT COMMENT: SUPRIYO CHAKRABORTY & ANR V. UOI

Volume IV Issue I /

JUDGEMENT COMMENT: SUPRIYO CHAKRABORTY & ANR V. UOI Saanjh Inuganti, Third Year B.A.LL. B student of Narsee Monjee Institute of Management Studies, Navi Mumbai (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.48 The present article critically examines the landmark decision of the Supreme Court of India in Supriyo Chakraborty & Anr v. Union of India (2023), which addressed the question of legal recognition of same-sex marriages in India. The case arose from petitions filed by several same-sex couples seeking recognition of their unions under existing statutory frameworks, particularly the Special Marriage Act, 1954, the Foreign Marriage Act, 1969, and the Hindu Marriage Act, 1955. The petitioners contended that the exclusion of same-sex couples from the institution of marriage violates fundamental rights guaranteed under Articles 14, 15, 19, and 21 of the Constitution of India, including equality before the law, non-discrimination, personal liberty, and the right to dignity. The Union of India opposed the petitions, arguing that the existing statutory scheme governing marriage was designed to regulate heterosexual unions and that recognition of same-sex marriage would involve complex policy considerations affecting multiple legislations. It was further argued that such a socio-legal transformation falls within the legislative domain rather than the judicial sphere. A Constitution Bench of the Supreme Court delivered a split verdict (3:2) on 17 October 2023, declining to recognize same-sex marriages under existing law. While the majority held that there is no fundamental right to marry and that any recognition of same-sex marriage must come through legislative action, the Court unanimously affirmed the constitutional rights and dignity of LGBTQIA+ individuals. The decision nevertheless left open the possibility of future legislative reform. This article analyses the competing constitutional arguments presented before the Court, evaluates the reasoning adopted in the majority and minority opinions, and offers critical observations on the implications of the judgment for the evolving discourse on marriage equality and LGBTQIA+ rights in India.

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DIGITAL GOVERNANCE AND LEGAL RIGHTS: A STUDY UNDER CONSTITUTIONAL JURISPRUDENCE

Volume III Issue IV /

DIGITAL GOVERNANCE AND LEGAL RIGHTS: A STUDY UNDER CONSTITUTIONAL JURISPRUDENCE Sairee Ghosh, 5 YR B.A. LL.B. (Calcutta University), LL.M. (Pursuing) (Vidyasagar University) (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.178 Waves of technical innovation in recent decades have greatly enhanced people’s quality of life. In the meantime, complaints about technological inequities have grown, including unequal economic distribution and racial discrimination. Experts have warned that emerging technology, such as Artificial Intelligence, might have disastrous consequences, predicting that it could spark World War III. Utilization of the internet has skyrocketed due to technological advancements, particularly after the COVID-19 pandemic, which compelled people to stay indoors. The epidemic has expedited the digital revolution. Due to restrictions on physical mobility worldwide during the pandemic, all major businesses, including education, migrated to the internet, paving the path for complete digitization. Recognizing the importance of the internet and advocating for universal access to it constitutes an urgent necessity. The courts have also highlighted the importance of the internet during the pandemic, and they have begun hearings via video conference, paving the path for the establishment of a new category of fundamental rights in the form of the right to access the internet. The legislature must recognize the importance of the internet and fulfill its obligations as a democratic government to reduce the digital gap and ensure that internet access is not restricted arbitrarily, since it is a fundamental human right. This article proposes an idea regarding a new basic Right to Technology that should be included in the Indian Constitution. Considering the vital relevance of technology to human dignity and equality, a new Constitutional Right seeks to encourage equitable sharing of technical advantages while also preventing harmful technological uses. The article begins with a discussion of the Fundamental Rights outlined in the Constitution. It then addresses the Impact of Technology on Fundamental Rights. This article discusses challenges that individuals deal with in India. It also investigates solutions for protecting the Right to Technology.

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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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BASIC STRUCTURE DOCTRINE- CONSTITUTIONAL, SOCIAL, AND POLITICAL SIGNIFICANCE

Volume III Issue II /

BASIC STRUCTURE DOCTRINE- CONSTITUTIONAL, SOCIAL, AND POLITICAL SIGNIFICANCE Dr Deepakshi Joshi, Principal, Chanakya Law College, Rudrapur, Kumaun University. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.55 The Supreme Court of India established the Basic Structure Doctrine in the landmark judgment of Kesavananda Bharati v State of Kerala in 1973,[1] Creating a fundamental safeguard that protects the essential features of the Indian Constitution from being altered by parliamentary amendments.¹ This doctrine holds significant constitutional, social, and political implications. From a constitutional perspective, it preserves the Constitution’s fundamental identity by ensuring that core values—such as democracy, secularism, and justice—remain inviolable notwithstanding legislative changes. Socially, it affirms the protection of citizens’ fundamental rights and freedoms, thereby playing a vital role in upholding social justice and equality. Politically, the doctrine strengthens the system of checks and balances through judicial review, thus securing the democratic framework of governance. Overall, this principle has profoundly influenced the shaping of India’s democratic ideals, the protection of individual rights, and the maintenance of the balance of power between the judiciary and legislature.  

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JUSTICE DELAYED, JUSTICE DENIED: THE INTERSECTION OF PRE-TRIAL DETENTION AND ITS IMPACT ON UNDERTRIALS

Volume III Issue I /

JUSTICE DELAYED, JUSTICE DENIED: THE INTERSECTION OF PRE-TRIAL DETENTION AND ITS IMPACT ON UNDERTRIALS Sneha Amarnath Varma, kes shri. Jayantilal h. Patel law college Download Manuscript doi.org/10.70183/lijdlr.2024.v03.5 For Indian inmates awaiting trial, the notion that justice delayed is justice denied is critical. Despite the fact that the Constitution provides the “presumption of innocence unless proven guilty”, a considerable section of the prisoner population is imprisoned for extended periods of time due to judicial delays, insufficient legal representation, and socioeconomic limits. According to the Prison Statistics India 2022 report by the National Crime Records Bureau (NCRB),[1] 434,302 out of 573,220 prisoners are undertrial, making up a significant proportion of the prison population; of these, 23,772 are women, and of these, 76.33% are undertrial prisoners; additionally, 8.6% of the undertrial women have been imprisoned for more than three years.   This study explores the legal system that governs undertrial detainees, focussing on their rights under the Indian Constitution[2], the Code of Criminal Procedure, 1973[3], the Model Prison Manual, and human rights conventions. It distinguishes between convicted and pretrial inmates and emphasizes the abuses of fundamental rights connected with extended pre-trial incarceration. The paper surveys the Supreme Court’s position on speedy trials, bail reforms, and access to legal aid through an analysis of court cases like Hussainara Khatoon v. State of Bihar[4], Khatri vs State of Bihar[5], and Sunil Batra v. Delhi Administration[6]. It also includes issues like overcrowding, custodial violence, and the socioeconomic impact on families of undertrials. In addition, this paper includes the need for systemic changes to protect the rights of inmates awaiting trial, including a strong legal aid system that guarantees prompt and effective legal representation, simplified bail procedures to avoid needless incarceration, and increased judicial supervision to stop arbitrary pre-trial detention. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 78-105. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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IMPACT OF TECHNOLOGY ON SECURITIES REGULATION​

Volume II Issue IV /

IMPACT OF TECHNOLOGY ON SECURITIES REGULATION Kashish Agarwal, BBA LL. B (Hons.) Corporate Law 4th year Student. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.46 Due to the increased adoption of technology, the securities regulation has been shaped in numerous ways with several positives and negatives for the regulators, investors and the market players. This research paper seeks to discuss the roles of technology in securities regulation by analysing recent developments including, but not limited to, blockchain technology, artificial intelligence, big data analytical technology and algorithmic trading. The paper also discusses the development of regulators to these technological disruptions showing the shift in regulatory treatments, Transition to RegTech solutions, digital asset regulation, and international cooperation.  In addition, the paper considers the issues of the regulators’ inability to adapt to the technologically fast-paced environment, the question of innovation against the background of protection risks for investors, and further perspectives for regulation. This paper in seeking to identify the impact that technology has on securities regulation both in the present and the future seeks to aid the regulatory bodies to understand how they can manage the securities markets effectively as the financial markets evolve. The paper covers how regulators respond to these technological disruptions in terms of changed regulatory treatment, the move to the use of RegTech solutions, digital asset regulation, and international cooperation. On top of this, the paper addresses regulators’ challenges in pace with this technological landscape, the tension between innovation and investor protection, and future directions in regulation. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 109-127. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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