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Issue 1

SHORT ARTICLE- DIGITAL DATA PROTECTION IN INDIA: A CRITICAL STUDY OF THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023

Vijay Kumar Verma, Research Scholar, Teerthanker Mahaveer University, Moradabad, Uttar Pradesh, India, and Dr. Radhey Shyam Jha, Professor, Uttaranchal University, Dehradun, Uttarakhand, India.

ABSTRACT

The Digital Personal Data Protection Act of 2023 marks a significant milestone in India’s evolving data governance framework, aiming to strike a balance between the fundamental right to privacy and the legitimate need for data processing in a digital economy. The Act, enacted in August 2023, establishes a comprehensive legal regime governing the collection, storage, processing, and transfer of digital personal data by introducing key concepts such as “data principal,” “data fiduciary,” and a consent-based processing mechanism, emphasizing individual autonomy over personal data. It grants individuals rights such as access to information, data correction and erasure, grievance redressal, and the ability to withdraw consent, while also requiring data fiduciaries to ensure lawful processing, data security, and breach notification, with significant penalties for noncompliance. Despite its progressive goal, the Act has faced criticism due to worries about extensive exemptions offered to government agencies, the Data Protection Board’s limited independence, and the potential erosion of openness rules. This study critically examines the structural framework, key provisions, and implications of the Act, highlighting both its strengths in enhancing data protection and its limitations in ensuring robust accountability. It also evaluates it in light of global standards such as the GDPR, emphasizing the need for stronger safeguards, clearer regulatory mechanisms, and effective enforcement to ensure meaningful data privacy protection in India’s rapidly digitizing society. 

Keywords: Digital Personal Data Protection Act, 2023; Data Privacy; Data Protection; Consent; Data Fiduciary; Data Principal; Right to Privacy; Cyber ​​Law; India; Data Governance; Information Technology Law

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Issue 1

SHORT ARTICLE- SANCTION BY SILENCE: THE DOCTRINAL AND CONSTITUTIONAL IMPLICATIONS OF DEEMED PROSECUTION SANCTION UNDER SECTION 218 OF THE BNSS

This article is authored by Prakarsh Pandey, Advocate practicing before the Allahabad High Court, Lucknow Bench, Uttar Pradesh, India.

ABSTRACT

In India, for a long time, the concept of prosecution sanction has been followed as a substantive constitutional safeguard, requiring the executive to apply its mind to the propriety of prosecuting a public servant for acts committed in the discharge of official duty. The Supreme Court of India has also built an elaborate jurisprudence around this and treats sanctions not as a mere formality. However, Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (the “BNSS”) has changed the existing position. It added a new proviso to 218(1) imposing a 120-day time limit for the decision on sanction. The main change is that it provides that upon such failure, it will be deemed to have sanction been given. This research article discusses how deemed sanctions are counterproductive in that they do not provide substantive protection to public servants and do not create any accountability for subsequent prosecutions. Therefore, deemed sanctions create an unsound constitutional basis for all subsequent trials.

Keywords: Deemed Sanction, Section 218 BNSS, Application of Mind, Prosecution Sanction and Public Servant Accountability. 

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SHORT ARTICLE – HEALTH LAW AND MEDICAL JURISPRUDENCE

This short article is written by Ayush Mishra, a LLB student of Asian Law College, Noida.

Abstract

Health law and medical jurisprudence together form a dynamic interface between the
disciplines of medicine and justice, addressing the ethical, legal, and regulatory challenges
that arise in healthcare delivery. This field explores how legal frameworks safeguard patient
rights, regulate medical practice, and ensure accountability in cases of negligence,
malpractice, and bioethical dilemmas. At the same time, medical jurisprudence provides the
evidentiary and scientific basis for adjudicating disputes, guiding courts in matters such as
forensic medicine, consent, confidentiality, and emerging issues like biotechnology and
digital health. The intersection highlights the need for interdisciplinary collaboration, where
law interprets medical complexities and medicine informs legal reasoning. By bridging these
domains, health law and medical jurisprudence not only protect individual and public health
but also strengthen justice systems in adapting to evolving medical innovations and societal
expectations. This interface underscores the pursuit of fairness, ethical governance, and
human dignity in the administration of healthcare and justice.

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SHORT ARTICLE – FROM RIGHT TO PRIVACY TO DATA PRIVACY: A PARADIGM SHIFT

This short article is written by Dr. Pranjya Paramita Panda, Asst.Professor,Rourkela Law College, M.S. Law  University, coauthored by Anusmita Mahanta, a  4th Sem. LL.M. student from P.G. Dept. of Law, Sambalpur University.                                                                                                                                                                                                                                                                                         

Abstract

Digital privacy poses a new challenge in the technology-driven world. The right to Privacy, which is practised under Article 21 of our Constitution, is affirmed as a fundamental right and includes the protection of personal data or privacy of data. But now in this digital world, the major concern is for the security of data. Due to the proliferation of technology and the huge collection and storage of data, people are more aware of the risks and vulnerabilities related to their information and personal data. On one hand, the Right to privacy is a fundamental right, while on the other hand, data protection is a legal framework in this digital Era. Due to growth in digital technologies, it is very challenging nowadays to protect personal Data or Data Privacy, which ultimately leads towards a comprehensive law to regulate the same. And subsequently, in August 2023, the landmark legislation named the DPDP Act,2023, for data protection in India and handling digital data. Strict implementation of the Act will make this paradigm shift from right to privacy to personal data protection very safe and protected. Because nowadays privacy is not just about isolation, but it also refers to empowerment.

Keywords:  Fundamental Rights, Privacy, Challenges, Data Protection, Technology

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SHORT ARTICLE- INDIA WITHOUT WASTE: POLICIES AND LAWS FOR A CIRCULAR FUTURE

This short article is written by Bhavanya E K, a BBA LLB (Hons.) 3rd year student of Dhanalakshmi Srinivasan University Trichy, Tamil Nadu. 

Abstract

India needs to move away from the current “take, make, throw” system and adopt a circular economy, a model where materials are reused, repaired, and recycled so that almost nothing is wasted. This paper looks at how India can make this shift through stronger laws and policies. It studies the existing legal framework and highlights key challenges such as poor waste segregation, weak enforcement, and the under-recognition of informal waste workers. Suggesting practical solutions, where, by treating waste as a valuable resource, India can not only create employment and reduce pollution but also take a major step towards achieving the vision of a clean, sustainable, and prosperous circular economy.

Keywords: Circular Economy, Waste to Wealth, Solid Waste Management Rules 2016, Extended Producer Responsibility (EPR), Informal Waste Workers

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SHORT ARTICLE- PREVENTIVE DETENTION AND NATIONAL SECURITY OF INDIA

This short article is written by R.Madhumitha, a student of The Tamilnadu Dr.Ambedkar Law University (SOEL). 

ABSTRACT:

Preventive detention is a unique concept validated by laws like the National Security Act and a controversial aspect of our Indian constitution. It permits detention without charge or trial in order to remove certain threats to individual liberty and national security. The executive power under these laws and Indian constitution’s fundamental rights are inherently conflicted subject matter examined in this article. This article also covered the foundation of preventive detention in constitutional aspects, its evolution in earlier days, procedural protections afforded to detainees, and other landmark judicial interpretations. At last it evaluates the current legal system which balances individual liberty and national security. 

KEYWORDS:

Preventive Detention; National Security; Article 22; Personal Liberty; Indian Constitution; Judicial Review.

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LONG ARTICLE- INSOLVENCY IN THE INDIAN AVIATION SECTOR: AN ANALYSIS OF LEGAL FRAMEWORK UNDER THE CAPE TOWN CONVENTION

ABSTRACT

The India’s airline industry has experienced a quick transformation in the last 20 years, as flying in India changed from being a luxury for the few to an everyday choice for millions. Low-cost carriers made air travel affordable, regional connectivity schemes opened up smaller towns to flights, and more Indians began choosing planes over trains for long journeys. But even though there was growth, INDIA’S airline industry has witnessed significant financial turbulence in recent years, with leading airlines i.e., Kingfisher and Jet Airways collapsing under debt and operational challenges. This research paper provides an in-depth study of the legislations managing aviation insolvency in India, with a special focus on the incorporation of the CapeTown Convention 2001 and its Aircraft Protocol, 2008 into domestic law. Key legislations such as 2016 (IBC) code, civil aviation laws, the newly enacted The Protection of Interests in Aircraft Objects Act, 2025 are examined in detail. Through this paper an attempt is made to draw a comparison between India’s airline insolvency regime and global insolvency standards to figure out the positive aspects that can be borrowed from other jurisdictions and where the gaps still exist.

An understanding on how Indian courts have dealt at times of airline insolvencies when cases like – Awas Ireland v. DGCA (2015), Jet Airways (2019 and 2024), and Go Airlines (2023–24) come up before them. This comparative analysis showcases that by adopting the Cape Town Convention, how it has strengthened the domestic laws, enhanced creditors protection and narrowed the gap between Indian laws and global standards. Despite this, certain challenges still exist, especially with respect to its implementation on a day-to-day basis, lack of co-ordination in cases related to cross-border insolvency, and creating a balanced approach between protection and enforcement of creditors rights and raising the airline revival chances.

Keywords: Aviation Insolvency, Cape Town Convention, IBC,2016, Aircraft leasing, Cross-border insolvency, Airline Bankruptcy

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SHORT BLOG- WHY LEGAL EDUCATION NEEDS A REALITY CHECK TODAY

This Short Blog is written by Bhavanya E K, a BBA LLB (Hons.) 3rd year student of Dhanalakshmi Srinivasan University Trichy, Tamil Nadu. 

Abstract

Legal education in India is witnessing a surge in popularity, attracting students from diverse academic streams who view law as a blend of analytical rigor and social impact. However, this rising interest also reveals a critical gap: many students enter law schools by circumstance rather than passion, often as an alternative to competitive exams like NEET and JEE. While this pathway is not inherently problematic, it highlights the mismatch between the perceived image of legal education and its actual preparedness to train competent lawyers. This reality underscores the urgent need for reforms that align legal education with the demands of the profession and the aspirations of a new generation.

Keywords: Legal Education, India, Law Students, Career Choices, Educational Reform

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SHORT ARTICLE- FEDERALISM UNDER EXCEPTION: A CONSTITUTIONAL ANALYSIS OF THE REMOVAL OF ARTICLE 370

This short article is written by S Keerthana, a student of The Tamil Nadu DR Ambedkar Law University, Taramani, Chennai. 

ABSTRACT: 

The context of federalism is much complex in the country’s governance. This gathers the varied autonomous bodies into a single union umbrella of union/federal. Federalism concentrates upon the unity and distribution or decentralization of power between the national and the states. The citizens of the federal state share will act on the authorities of the two governments whose position and powers are very well defined but they aren’t in the watertight containers. The article 370 in the constituent assembly had a significant role to give them a special status due to their historical setback. The abrogation happens to be a concept of being discussed as the constituent assembly declared not to modify the special status without the special constituent assembly. National security laws are general guiding principles to the country’s diplomatic, intelligence, military, social and criminal foundations. 

KEYWORDS: 

Federalism, decentralization, watertight containers, constituent assembly, national security and relations.

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CASE COMMENTARY: STRAY DOG VERDICT (2025)

This case commentary is written by Bhavanya E K, a BBA LLB (Hons.) 3rd year student of Dhanalakshmi Srinivasan University Trichy, Tamil Nadu. 

Case Comment: In Re: “City Hounded by Strays, Kids Pay Price”
Court: Supreme Court of India
Citation: 2025 INSC 1018
Date: 22 August 2025
Jurisdiction: Suo Motu Writ Petition (Civil) No. 5 of 2025
Bench: Hon’ble Mr. Justice Vikram Nath, Hon’ble Mr. Justice Sandeep Mehta, and Hon’ble Mr. Justice N.V. Anjaria
Amicus Curiae: Mr. Gaurava Aggarwal, Sr. Adv.

Abstract

The Supreme Court of India’s Stray Dog Verdict (2025) marked a decisive intervention in balancing public health concerns with animal rights protections. Triggered by rising incidents of dog bites and rabies deaths, the Court declared a public health emergency in Delhi NCR and directed municipal authorities to remove stray dogs from public spaces and place them in shelters. The judgment emphasized the constitutional duty of compassion for animals (Art. 51A(g)) while prioritizing citizens’ right to life and safety (Art. 21). It mandated sterilization drives, vaccination programs, and accountability of municipal bodies, while also clarifying guidelines on feeding stray dogs. The verdict sparked debate between animal welfare advocates and public safety proponents, highlighting the tension between humane treatment and urgent health measures.

Keywords: Public Health Emergency, Animal Rights, Sterilization & Vaccination, Municipal Accountability, Constitutional Balance

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