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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.

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.

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