Volume V
2024
Article
The Meld Model, Rent, and the Constitutional Separation of Powers in India: Building on the Case for Taking Statutes Seriously in Indian Corporate Law Adjudication
by Saumya Singh
The ‘Meld Model’ provides an analytical framework for an adjudicator to analyse and decide Indian corporate law disputes, and for an evaluator to normatively assess the adjudicator’s judgement. The Model’s ELP-based prong requires the adjudicator to follow a specific three-step approach in determining and applying the law pertaining to the dispute.
Article
The Supreme Court's Response to Internet Shutdowns: A Hole in the Doughnut of Rights
by Anshul Dalmia
The State of Jammu and Kashmir has seen the largest internet shutdown faced by the citizens in a democratic country. Anuradha Bhasin and Ghulam Nabi Azad approached the Supreme Court, challenging this shutdown on the grounds that their fundamental right of speech and expression as well as their freedom to trade were curtailed.
Article
The 50% Reservation Ceiling: A Hindrance To Equality and ‘Transitional Justice’
by Ravi Shankar Pandey & Tanya Verma
The formulation of reservation policy in India has been actively influenced by the State while utilising its legislative, executive, and constitutional amendment powers. Though the judiciary has largely entrusted these matters to the State, it has occasionally intervened to uphold constitutional principles, and to curb the potential misuse of reservation policies for political gains.
Case Note
State of Punjab v. Principal Secretary to the Governor of Punjab: The Judiciary's Finale in Governor's Constitutional Concerto
by Anubhuti Raje & Masoom Sanyal
The Supreme Court's recent landmark judgment in the case of State of Punjab v. Principal Secretary to the Governor of Punjab addresses the recurrent issue of gubernatorial misuse of the 'pocket veto' power, a loophole allowing Governors to withhold assent to Bills without formal rejection.
Article
Settlement Agreements Under The Insolvency And Bankruptcy Code, 2016: An Egress For Financial Debtors?
by Heli Dubey, Shoibolini Mukhopadhyay & Siddhi Nigam
The Insolvency and Bankruptcy Code, 2016 (IBC) has faced hurdles in its implementation, divulging inconsistencies in addressing legal issues not explicitly covered by its provisions. One significant grey area pertains to the consequences of breaching settlement agreements between corporate debtors and operational creditors.
Article
Unfinished Liberation: The Halfway Journey of Transgender Marriage and Adoption Rights
by Khushi Neb & Pranjal Diler
This paper provides a comprehensive analysis of personal “rights” of the transgender persons under the Indian personal law framework, with a central focus on adoption and marriage rights. The paper shall aim at tracing the rights of transgenders in this regard and argues that despite the constitutional identification of the transgender community, in light of the historic verdict in the same-sex marriage case, judicial pronouncements alone have failed to make up for the lack of comprehensive legislation.
Article
The Hidden Costs Of Resource Nationalism: (Mis) Understanding And (Mis) Managing The Legal And Economic Implications Of Resource Nationalism On Indigenous Population
by Divyanshi Shukla & Swastik Shukla
Since time immemorial, Indigenous people have represented a rich diversity of cultures and traditions across the globe. At one end of the spectrum, they form a vital part of society, while at the other, the realities which confront them have been marked by discrimination, marginalisation, and inequalities. The concept of resource nationalism has rekindled this anxiety around the globe.
Article
Beyond Neutrality: Assessing the Implications of Providing Belligerent Materials in the Russia-Ukraine Conflict and TWAIL Perspectives
by Anay Mehrotra & Amritansh Sharma
Western nations have consistently supplied Ukraine with weapons since the commencement of the conflict in February 2022. This behaviour raises questions about their commitments to neutrality. Surprisingly, such states have not provided an explicit legal rationale for these transfers, leaving legal experts and commentators to speculate on the matter and argue that such actions align with the obligations of neutral states.
Article
‘Face’ The Facts: Scrutinizing Facial Recognition Technology Vis-À-Vis Human Rights
by Tejaswini Kaushal
The widespread deployment of facial recognition technology (FRT) in modern times aims to revolutionize criminal identification processes and enhance security. However, it also presents a significant threat to human rights. While the technology faces notable disparities in identification accuracy, the error rates are especially higher for marginalized groups, particularly women of color.
Article
Achieving Better Brand Protection in the E-Commerce Sector Through Harmonisation of Trademark and Competition Law
by Jhanvi Sahni
Trademark law integrates with Competition law at the crossroad of protecting business interests, maintaining the market structure while catering to the interests of the consumers. This relationship between Trademark law and Competition law becomes more visible in the context of Selective Distribution Systems that are often deployed by sellers with the justification of protecting the image of their product backed by the mark attached.
Volume IV
2023
Article
Big Data and Competition Law: Bringing Acquisitions in Digital Markets under CCI Scanner in Light of Changes Proposed to the Competition Act, 2002
by Pavan Srinivas
Recently, acquisitions of companies have resulted in the acquisition of ‘big data’ datasets, providing the acquirer with a competitive edge, which may potentially be misused. The Competition Commission of India (CCI) has attempted to balance innovation with regulation; however, the statutory framework has been inadequate in evaluating the competition implications of transactions purely priced on data sets or business innovation.
Article
Should Environment Claims Be Granted the Status of Secured Creditors in the Insolvency and Bankruptcy Code, 2016?
by Devendra Mehta
Arresting climate change requires recalibration of the global financial and insolvency systems. The dichotomy between insolvency law and environmental law arises when a debtor enters insolvency and has not fulfilled its part of the bargain on the environmental regulations and the environmental claims are treated as unsecured. This incompatibility will cease to exist if environmental claims are given the same status as that of secured creditors. Evolution of insolvency laws, both, globally as well as in India, are a testament that the insolvency laws had been malleable.
Article
Incorporating Indirect Discrimination: Evaluating Section 9 of the Hindu Marriage Act, 1955
by Mudrika Agarwal
Laws against discrimination should shield not only from acts of direct discrimination but also from acts that perpetuate indirect discrimination. A facially neutral provision can be extremely disadvantageous to vulnerable segments of society that have already been facing acute subordination. In order to grant constitutional protection from indirect discrimination, it becomes imperative to identify the constitutional provision that acts as a safeguard to it.
Article
AppStore Payment Policies: A Veiled Abuse of Dominance Through the Lens of Competition Regulation
by Alok Antony
At the heart of the legal battle between Epic Games and Apple is a set of restrictions Apple imposes on app developers. For instance, Apple prohibits the distribution of iOS apps outside of the App Store, which Apple fully controls. Apple similarly requires developers to exclusively use its own in-app payment system for app purchases and in-app purchases for digital content. Through this system, Apple automatically collects a 30% commission on all such transactions.
Article
Applying the Public Trust Doctrine in India: Proposing a Three-Step Method
by Pratyush Singh
The Public Trust Doctrine has been recognized by the courts as a principle to govern the alienation of natural resources. Although the courts in India have accepted this doctrine as part of their legal system, they have never answered questions of eminence, such as the terms and duties of the trustees.
Article
Standard Essential Patents & Competition Law: Analysing Unfair Pricing and Patent Bundling Issues
by Nityesh Dadhich
Patent Law stands in harmony with standard-setting processes as both of these encourage or support innovation. At times, commercial implementation of a standard would necessarily require the use of technology protected by one or more patents. Such standards are also known as ‘Standard Essential Patents’ (SEP), as these standards are ‘essential’ to meet the prescribed industry standard.
Article
Semantics of the Forest: How Lack of Definitional Clarity is Leading to Degradation
by Ghanishtha Mishra & Esha Joshi
The increasingly apparent effects of Climate Change and India’s international environment protection and climate change mitigation commitments, make dedicated forest conservation the need of the hour. Yet, Indian forest policy today is the product of colonial era legislation and mindsets that prioritised economic benefit.
Article
Ecocide in International Armed Conflicts: Assessing India's Position and Procedural Challenges in Addressing Oil Spills
by Shivesh Saini & Bhawna Mangla
The 2006 oil spill incident originating from the Jiyyeh plant in Lebanon had a severe impact on the species of fish and loggerhead turtles inhabiting the Mediterranean Sea. Approximately 35,000 tons of oil were released into the sea, leading to significant environmental devastation and detrimental effects on regional economies.
Article
From Tradition to Transformation: Charting A Rights-Based Path to End Female Genital Cutting in India
by Avantika Tewari & Chetan R.
The World Health Organisation (WHO) defines ‘female genital mutilation (FGM)’ as any procedure involving the partial or complete removal of the external female genitalia, including injuries sustained for non-medical reasons. The study explores the prevalence and impact of female genital cutting (FGC) in India, considering the clitoris’ role in sexual arousal and its medical structure.
Article
Does the Pendulum Swing?: Behavioural Analysis of Final Term Offer and its Applicability in India
by Nehal Tapadia
With the increasing number of pending cases within the Indian judicial system, there is a need for a mechanism of dispute resolution that takes away a substantial burden of the court. Against this backdrop, Alternate Dispute Resolution mechanisms came into play, focusing predominantly on Arbitration.
GNLU Student Law Review will soon open for submissions for Volume VI, scheduled to be published in mid-2025. Please check this space for updates.