In recent years, shifts in constitutional interpretation and governance practices have brought the functioning of democratic institutions in India under closer scrutiny. Questions concerning executive authority, the scope of fundamental rights, and institutional accountability have assumed greater prominence in both public debate and judicial decision-making. The contributions brought together in this issue engage with these concerns and examine the ways in which law responds to evolving challenges across diverse legal contexts.
Issues relating to judicial administration and institutional credibility are examined through a discussion of the practice of bench-hunting in India. The author(s) analyses how strategic forum selection distorts the neutrality of adjudication and undermines public confidence in the judicial process. It also examines the growing reliance on technological interventions, particularly the use of artificial intelligence in case allocation and judicial administration, and assesses whether such measures can enhance transparency without compromising judicial independence.
The tussle between constitutional ideals and political practice is examined through a discussion on the interplay between regionalism and communalism. The paper in this regard, analyses how the mobilisation of regional and religious identities has placed strain on the secular foundations of the Constitution and contributed to the marginalisation of minority communities. In doing so, it highlights the role of constitutional morality and inclusive governance in sustaining India’s pluralistic democratic framework.
Economic governance forms the subject of another article, which analyses India’s revised income tax regime. The author in this context places the recent fiscal reforms within broader debates on investment behaviour and social security, and examines how changes in taxation policy influence the relationship between the State and its citizens.
In the context of development-related conflicts, another key contribution examines the concept of lawfare. Drawing from disputes involving infrastructure and mining projects, it explores how legal processes are increasingly employed as tools of political and economic influence. The author then furthers the discourse by underscoring the need for institutional safeguards to prevent the misuse of legal mechanisms.
Questions of gender, representation, and regulation are addressed through an analysis of women’s objectification in mass media. The article examines portrayals across film, television, advertising, and digital platforms, and analyses how dominant visual gazes reinforce gender stereotypes and contribute to discrimination and violence. It further reviews existing legal and regulatory frameworks and argues for stronger protections for women’s dignity and equality.
Related concerns are examined through a socio-legal analysis of reproductive rights in India. The article considers disparities in access to reproductive healthcare across social and economic divides, while also engaging with recent legal and policy developments. It highlights the continuing challenges faced by women in exercising autonomy over reproductive choices and emphasises the need for effective legal protection.
Issues relating to federal structure and constitutional process are examined in the discussion on the reorganisation of Jammu and Kashmir under Article 370. Applying principles of the rule of law, the article interrogates the legality and democratic legitimacy of the constitutional process adopted in 2019. It raises broader concerns relating to executive authority, federal balance, and representative governance.
The challenges posed by digital governance are addressed through a comparative analysis of data protection regimes. The article examines India’s Digital Personal Data Protection framework alongside the European Union’s GDPR, with particular attention to cross-border data flows, enforcement mechanisms, and questions of digital sovereignty. It identifies gaps in the Indian framework and considers possible directions for reform.
Freedom of speech and expression is examined through a critique of film censorship in India. The article analyses the functioning of the Central Board of Film Certification and considers whether restrictions imposed exceed the constitutional limits prescribed under Article 19(2). It argues for a proportionality-based approach that places greater emphasis on artistic freedom while addressing legitimate regulatory concerns.
Lastly, this edition engages with the discourse on children’s engagement with social media. The article examines both the benefits and risks associated with children’s use of digital platforms, analyses comparative regulatory approaches, and considers the role of the Indian legal system in ensuring online safety for minors.
We hope that the present volume generates interest among readers and encourages further discourse and academic research on issues that have acquired increasing relevance in contemporary times.
- EDITORS
April 2025
GJLDP
Dr. Aparna Singh, Rajeev Kumar Singh & Advocate Shivam Mishra
Abstract
The credibility of a democratic judiciary relies on its impartial nature, transparency in delivering justice and the people's trust in its process. The same trust is weakened when people get involved in malpractice, which is known as bench-hunting or forum shopping, in which litigants manipulate case listings so that a favourable bench can hear their case. This paper uses a mixed-method approach, combining doctrinal analysis with empirical data from a 170-participant survey, to assess the prevalence and perceptions of bench-hunting within the Indian judicial system. Findings reveal widespread awareness of the malpractice and its negative impact on judicial credibility and procedural fairness. This study also explores the potential of Artificial Intelligence (AI) to counter bench-hunting systematically by recognising its limitations and procedural safeguards. It analyses the existing AI interventions like automated case allocation and anomaly detection within global jurisdictions, assessing their applicability within India's evolving e-court framework. The paper argues that AI-enabled systems can significantly reduce human involvement in case listings, detect manipulation patterns and enhance transparency without compromising judicial independence. It recommends adopting AI-driven allocation tools, establishing an integrity scoring system and strengthening ethical training within the legal community. It concludes that integrating technology with legal and administrative reforms can address bench-hunting effectively and restore the institutional trust in the judiciary. By using AI innovations, India can ensure that justice is delivered on the case's merits, not on the identity of the presiding judge.
Keywords: Bench Hunting, Judicial Ethics, Judicial Integrity, Artificial Intelligence, Judicial Manipulation, Judicial Reform, AI in Judicial Transparency, Forum Shopping, Automated Case Listing, Integrity Scoring System.
Dr. Nidhi & Dr. Mohit Saini
Abstract
Regionalism and Communalism have emerged as determined and composite challenges to the secular democratic framework of India. Regionalism, can assume exclusionary and divisive forms when it prioritises regional identity over national integration. Communalism, which is upsurged by religious identity, fosters social fragmentation, intolerance and polarisation. It is threatening the foundational principle of secularism enshrined in the Indian Constitution.
This paper critically examines Regionalism and Communalism as interconnected forces that create serious intimidation to secular democracy. It analyses how political mobilisation along regional and communal lines is normally exploited for electoral gains leading to the marginalisation of minorities, erosion of democratic institutions and weakening of the rule of law. The paper highlights how these tendencies challenge constitutional ideals such as equality, fraternity and secularism.
Furthermore, the paper evaluates judicial responses, constitutional safeguards and policy initiatives aimed at curbing the adverse effects of regionalism and communalism. It argues that while diversity is intrinsic to India’s pluralistic society, its politicisation in divisive forms poses a serious threat to democratic stability. The study concludes by emphasising the need for inclusive governance, equitable development, constitutional morality, and civic education to counteract the intimidating influence of regionalism and communalism on secular democracy and to reinforce the spirit of unity in diversity.
Keywords: Regionalism, Communalism, Democracy, Secularism, Indian Constitution.
Vinati Kishor Tahilianey
Abstract
Tax is not only a financial tool but a manner in which a society develops. Generally, incomes are utilised in investment and expenses (including taxes). Wherein the policies decide which utilisation would be higher as compared to the other factors. Where market forces decide the prices for products (the base of major expenditure), the aspect of taxation depends entirely on government policies. Therefore, Tax becomes an interaction between Government and Citizens. One of the ‘oh so current interactions’, in India - Bharat, was regarding the new regime of Income Tax. The new tax regime has spewed questions, which the experts have answered on (or should I say before) time. This study, however, deals with the difference ‘new tax regime’ has brought into the investment aspect rather than the expenditure aspect. When on one hand the world is advancing towards achievement of Sustainable Development Goals (SDGs) and creating a sustainable society, it is pertinent to consider the social security aspect as well. One of the reasons for India to thrive during COVID 19 was because social security is a citizen’s responsibility, rather than that of the Government.
Keywords:Income Tax, New Regime, Social Security, Sustainable Development, Sustainable Society, and Tax Law.
Rishabh Tomar
Abstract
Lawfare, the purposeful application of the legal framework to political or military ends, has turned out to be an important component of the development conflicts all over the world. The article deals with the matter of 'developmental lawfare' when the legal systems are manipulated to manipulate the geopolitical and economic conflicts that have to do with infrastructure, mining, and land use. The article does not only describe this cycle of lawfare from military strategy but also sees its shift to an asymmetric warfare tool in development that is in control of state, corporate, and non-state actors. These ones can take advantage of the situation to either halt or change government policies in their favour through coercion or even become more or less important by using the law to their advantage or audience, respectively. It proposes a novel typological framework to categorize these legal strategies based on actor constellations and strategic objectives, distinguishing coercive-commercial, authoritarian-expediting, and defensive-rights lawfare. By presenting the case studies of large projects such as the Keystone XL pipe, the Belo Monte Dam, and the Adani Carmichael mine, the paper points out that litigation, regulatory obstruction, and international legal manipulation have inflicted enormous economic costs, have weakened national sovereignty, and have aggravated social polarization. The examination finished with the suggestion of specific judicial, legislative, and diplomatic reforms to stop the misuse of law as a weapon while at the same time keeping the legitimate paths open for legal accountability and rights-based mobilization.
Keywords: Lawfare, Sovereignty, military conflicts, Non-State Actors, Foreign Funding.
Roshant Rajaram Parwar
ABSTRACT
This study investigates the widespread portrayal of women as sexual objects in mass media, examining its profound impact on societal attitudes and gender norms. Television, films, advertisements, and social media often present women in ways that reinforce harmful stereotypes, fuelling gender-based discrimination and violence. By analysing these depictions, the research aims to quantify their prevalence and understand how they shape individual perceptions and behaviours, contributing to systemic gender inequality and undermining women’s rights.
The study evaluates laws and policies that address women’s objectification, such as media content regulations and advertising standards. It explores whether these legal measures protect women’s dignity and identifies where they fall short. The research seeks to strengthen legal frameworks by proposing actionable improvements, fostering a media environment that promotes respect and gender equality, and supporting broader societal efforts toward justice.
The study uses qualitative and quantitative methods to conduct in-depth media analysis, surveys, and interviews with stakeholders like media creators and advocates. This integrated approach highlights the urgent need for reform, advocating for a media landscape that respects and upholds women’s rights. The research aims to contribute to a more equitable society where the media reflects dignity and equality for all.
Keywords: Advertising, Discrimination, Equality, Gender, Media, Objectification, Rights
Goutham S Satheesh
Abstract
With the constitutional reorganisation of Jammu and Kashmir in August 2019, made possible through presidential orders, parliamentary resolutions, and a reinterpretation of constitutional provisions, India has witnessed a landmark constitutional event in the post-independence era. The initiative stripped this State of its special status under Article 370 and, further, converted it into Union Territories without even referring the matter to the elected state legislature. This event emphasizes one crucial issue: the gradual erosion of India's federal structure, democratic representation, and the Rule of Law through some political reinterpretation or circumvention of the constitutional safeguards. Thereby, the study attempts to fill a theoretical and practical gap by applying Dicey's three classic abstractions of the Rule of Law, which are the supremacy of law, equality before law, and judicial enforcement of constitutional limits, to question the reorganisation in its legality, process, and democratic stature. The research assesses the constitutionality of procedures used to modify Jammu and Kashmir's constitutional status as laid down in the Indian constitutional democracy. The study examines doctrinal and practical aspects of constitutional compliance by evaluating whether the executive and legislative bodies and the judiciary maintained federal equilibrium and democratic representation. The research uses doctrinal analysis to evaluate constitutional provisions by examining primary legal texts, judicial interpretations, Constituent Assembly records, and expert writings. The study performs an in-depth analysis of Articles 3, 356, 367, and 370, emphasizing the Article 367 reinterpretation for enabling constitutional changes without following the Article 368 amendment procedure. The research also analyses judicial reasoning in Article 370, In Re, focusing on the Supreme Court's reliance on Article 142 to avoid direct scrutiny of executive action. The findings reveal that the reorganisation breached all three of Dicey's Rule of Law principles: replacing legal process with executive fiat, applying legal norms unequally compared to other states with special provisions, and undermining judicial enforcement of constitutional limits. The substitution of legislative consultation with gubernatorial concurrence under President's Rule exemplifies the procedural circumvention at the heart of the democratic deficit. The study concludes that India can potentially translate the Rule of Law into an empty slogan if it does not enforce judicial vigilance, guarantee federal safeguards, and revive constitutional morality. The effects get beyond Jammu and Kashmir, setting a precedent for unilateral changes of statehood that might destabilise the federal compact and erode democratic governance throughout the republic.
Keywords: Rule of Law, Dicey, Jammu and Kashmir, Article 370, Federalism, Constitutional Reorganisation.
Shaily Agrawal & Yash Tiwari
Abstract:
The twenty first century digital economy survives on the uninterrupted movement of personal data across national borders. Yet, that seamless flow of information generates a regulatory paradox that how can states protect fundamental privacy rights and national security without jeopardizing the data driven innovation in modern commerce. India’s Digital Personal Data Protection Act, 2023 (DPDP Act) codifies a sovereignty centered answer; the European Union’s General Data Protection Regulation (GDPR) embodies a rights-based template that nevertheless keeps data borders open through carefully structured transfer mechanisms. The article covers the constitutional history of privacy in India and the EU, statutory transfer tools like adequacy decisions, Standard Contractual Clauses (SCCs), and data localization mandates, landmark jurisprudence like Justice K.S. Puttaswamy and Schrems II, and enforcement disparities. The analysis indicates that, while India's framework is proactive in identifying digital rights, it is unclear about adequacy standards, lacks contractual safeguards, and is based on an untested regulatory board. The suggestions given in the article include clear adequacy standards, SCC templates by the government, more independent institutions, and localization based on the best practices from around the world. India needs to make these changes if it wants to stay in control of its own data and be a part of the global digital economy.
Keywords: cross border data transfers; DPDP Act 2023; GDPR; data sovereignty; data privacy; data localization.
Anshuman Tiwari
Abstract
Freedom of speech and expression under the Indian Constitution often clashes with the Central Board of Film Certification’s (CBFC) power to condition or refuse certification. This paper shows how certification is sometimes withheld, or cuts demanded, on grounds not traceable to the specific exceptions in Article 19(2), thereby expanding censorship beyond constitutional limits. Objections based solely on a film’s title or a character’s name, for example, the use of “Janaki”, unnecessarily burden artistic expression and individual liberty. The Constitution’s commitment to liberty, reflected in the Preamble and informed by ideas associated with Isaiah Berlin and John Stuart Mill, requires that any restriction be narrowly tailored and justified. Invocations of “public order” or “communal harmony” cannot become a heckler’s veto. The State must resort to the idea of lawful screenings rather than silencing them. The paper therefore argues for a proportionality-based approach to certification, clearer guidance under Section 5B of The Cinematograph Act, 1952, and a presumption in favour of age ratings and content warnings instead of excisions or bans. However, the recent trend of dissonance in certifying film merely because it sparks communal harmony and disturbs public order, perhaps yields to the satisfaction of fundamentalist voices, raise eyebrows about the functioning of democracy in its 75th year.
Keywords: Creative Expression, Fundamentalist Voice, Public Order, Censorship, Democracy, Heckler’s Veto.
Aditya Deshmukh & Ayan Hazra
Abstract
Social media, in the contemporary era, has an impact on almost all sections of the society in some or the other manner. It has varied impacts on different groups as per the varying levels of emotional and mental maturity of such groups. This article aims to delve into the intricacies of the relationship between children and social media. This relationship has both positive and negative implications. Both impacts are highlighted by this article. The article begins with understanding the historical evolution of social media from a mere chance invention to what is perceived as a global tool in the modern world. Special attention is given to the social reality of children in the modern era while also highlighting the negative as well as positive impacts of social media platforms affecting it. Furthermore, another aim of this article is to understand the global legal position with respect to regulation of social media intermediaries as far as their access to children is concerned. This section pays special attention to the revolutionary legal step taken by Australia in banning social media for children below the age of sixteen years. Additionally, this article also sheds light on the role of the Indian legal system in regulating online safety of children with respect to various social media platforms. Lastly, it concludes by highlighting the main aim behind this study while stressing on the need for more future studies on this issue while focusing on certain aspects of socio-psychological growth of children.
Keywords: Social Media Legislations, Social Media Explosion, Social Reality of Children, Impacts of Social Media on Children, Comprehensive Analysis.
