Indian Journal for Research in Law and Management
Advancing Law and Management
ISSN No. : 2583-9896
ISSN No. : 2583-9896
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Abstract
India’s four Labour Codes came into force on 21 November 2025, and the Occupational Safety, Health and Working Conditions Code, 2020 is presented as their flexicurity centrepiece, balancing employer flexibility with worker security. This article tests that claim against the concept as Wilthagen and Tros defined it, and finds the bargain one sided. The Code […]
Abstract
The Delhi High Court’s ruling in Jubilant Marketing v. Robbins Tunneling confirms that MSMED arbitration arises only once conciliation concludes, but leaves unanswered a question the Supreme Court’s decision in Silpi Industries never resolved: what subject matter can a buyer’s counterclaim actually reach. This piece argues that Silpi’s concern was forum shopping, not scope, and […]
Abstract
India is about to lose the only real protection its law gives to health and biometric information and almost no one has noticed. The old law, the Information Technology Act, 2000 and its 2011 Rules, treats medical and biometric data as “sensitive personal data” that deserves extra care, and a Bill drafted in 2019 would […]
Abstract
The Insolvency and Bankruptcy Code, 2016 was built on a promise: that a financially distressed company is worth more rescued than dismembered, and that its value should be maximised for the benefit of all stakeholders. That promise was written for an economy of factories, inventory and machinery. It is now being applied to an economy […]
Abstract
Online Dispute Resolution (ODR) integrates digital technology with the traditional methods of Alternative Dispute Resolution (ADR), and its adoption across sectors such as e-commerce, banking, fintech, and consumer protection demonstrates its potential to deliver efficient, accessible, and cost-effective justice. In India, ODR derives legal recognition from the Arbitration and Conciliation Act, 1996, the Mediation Act, […]
Abstract
India’s courts carry one of the largest case backlogs in the world: approximately 5.41 crore matters were pending as of 31 December 2025, more than 4.76 crore in the district and subordinate judiciary alone. Delay on this scale erodes the constitutional guarantee of speedy justice and the confidence on which judicial authority rests. Yet promotion […]
Abstract
This article examines whether the Constitution of India adequately promotes community participation in governance. It analyses constitutional provisions, judicial decisions, and decentralised institutions to assess the gap between constitutional ideals and practical implementation. The article concludes that while India provides several mechanisms for public participation, their effectiveness is limited by weak implementation, making institutional accountability […]
Abstract
This case commentary analyses Rajendra Nagrath v. L. Vohra (AIR 2009 MP 131), a significant decision on procedural fairness and legal ethics in civil litigation. It examines the High Court’s ruling on the right of cross examination despite the absence of a specific denial in the written statement and the ethical prohibition against an advocate […]
Abstract
This article explores whether the law is evolving at a pace sufficient to regulate the unprecedented growth of digital technologies. It examines India’s legal response to digitalisation through developments in cyber law, intellectual property, and judicial precedents, while also considering emerging international perspectives on artificial intelligence, privacy, and data governance. The article argues that although […]
Abstract
Environmental protection in Jammu and Kashmir has assumed increasing significance due to the region’s fragile Himalayan ecosystem, rich biodiversity, and growing developmental pressures. The constitutional changes following the abrogation of Article 370 in 2019 resulted in the extension of several central environmental legislations to the Union Territory, bringing substantial changes to its legal framework. This […]