Volume XIII Issue I

This volume is considered to be published in December 2023


Justice Pardiwala’s Opinion in Janhit Abhiyan v. UOI: Time to Revisit the ‘Basic Structure Doctrine’

In the first article titled, “Justice Pardiwala’s Opinion in Janhit Abhiyan v. UOI: Time to Revisit the Basic Structure Doctrine,” our esteemed guest author scrutinises Justice Pardiwala’s separate but concurring opinion for the majority in Janhit Abhiyan v. Union of India, known as the 103rd Amendment case of the Supreme Court, wherein the constitutionality of the 103rd Constitutional Amendment that introduced economic reservation in the country was upheld. He analyses several pertinent observations made by Justice Pardiwala, who is critical of the basic structure doctrine and in consonance with his opinion, he makes a case for revisiting the basic structure doctrine on grounds that it goes against the vision of the Constituent Assembly; is an affront to democracy; has dubious origins emanating from the lack of clarity over its meaning in the Basic Structure Case; and is an act of judicial supremacy. 


The Competition (Amendment) Act, 2023 and its Influence on Deal-Making 

In the next article titled, “The Competition (Amendment) Act, 2023 and its Influence on Deal-Making,” our esteemed guest author, along with her co-author, dissects the various changes brought about by way of the Competition (Amendment) Act, 2023 to the deal-making process within the Indian corporate landscape. They study in detail the key modifications such as the revised deal value threshold; rephrasing the definition of ‘control’; alterations in procedural timelines; the introduction of settlement and commitment frameworks and decriminalization of certain offences. Overall, they provide a comprehensive analysis of how the Amendment Act transforms the deal-making landscape in India by shedding light on the intricate interplay between these amendments and their implications for the corporate world.


Harmonizing Competition Regulations and Data Privacy Laws in the Era of Artificial Intelligence

The next article, “Harmonizing Competition Regulations and Data Privacy Laws in the Era of Artificial Intelligence,” delves deep into analysing competition concerns in the context of artificial intelligence and the newly enacted data privacy laws in the country, namely, the Digital Data Protection Act, 2023 (DDP Act). The author herein contends that addressing anti-competitive data extraction solely through the Competition Act is not feasible and suggests the need to acknowledge the confluence of privacy and anti-trust concerns. He explores the concept of anti-competitive data collection and reports the limitations of the oft-quoted Wolfgang-Zolna Hypothesis (from the German Facebook Case.) He additionally draws solutions by analysing legal frameworks like the EU Digital Markets Act and argues for implementing responsible and mandatory data sharing under the Competition Act, and the segmentation of consent in certain cases under the DDP Act


Effectiveness of Procedural Safeguards for Sexual Offences: What do the Numbers Say?

In the article “Effectiveness of Procedural Safeguards for Sexual Offences: What Do The Numbers Say?,” the author investigates whether the legislations which deal with sexual offences, namely the Code of Criminal Procedure (Amendment) Act, 2005, the Criminal Law (Amendment) Act, 2013 and the Criminal Law (Amendment) Act, 2018 have succeeded in achieving procedural justice for victims of sexual offences and tests the ability of institutions to comply with procedural justice requirements, with a particular focus on the Code of Criminal Procedure, 1973. She studies data from 1993-2021 from the National Crime Records Bureau’s annual Crime in India Reports and uses it to evaluate the effectiveness of statutory intervention in achieving greater procedural justice. She brings to light various concerns, inter alia, the sustainability and scope of positive change and potential regression in certain areas through her research.


Online Video Game Streaming, Esports and, IPR: A Sweeping Saga of Conflict

In the article, “Online Video Game Streaming, Esports, and IPR: A Sweeping Saga of Conflict,” the authors examine the loopholes in the Indian intellectual property domain pertaining to legal protection with respect to video game broadcasting. The focus is on safeguarding the rights of IP owners against the misuse of their creative works. They advocate a more stringent application of concepts such as novelty, fair dealing, and IP infringement to better regulate online game streaming. They also propose the development of a unique legal framework to address the growing concerns and legislative uncertainties, ensuring the interests of publishers, developers, and other relevant parties are protected.


Navigating the Aftermath: A Closer Look at the Implications of Section 9C Amendment

In “Navigating the Aftermath: A Closer Look at the Implications of Section 9C Amendment,” the authors probe into the latest retrospective amendment introduced by the Finance Bill, 2023 to the Customs Tariff Act, 1975, and its profound impact on the appellate jurisdiction of the Customs Excise and Service Tax Appellate Tribunal (CESTAT) concerning anti-dumping measures. They evaluate the process of antidumping measures while thoroughly scrutinizing its historical context, legislative intent, and judicial interpretations. They further dissect the amendment’s effects on the appellate jurisdiction of CESTAT, its repercussions for domestic industries, and the delicate equilibrium India maintains between fulfilling its international obligations under the Anti-Dumping Agreement (ADA) and exercising its sovereign right to enact domestic legislation. They posit that the amendment might find validation, yet acknowledge that the true consequences will unfold through practical cases and the evolving legal landscape.


Legality of Go-Slow Strikes in India

In “Legality of Go-Slow Strikes in India,” the author explores the issue of legality of “go-slow” strikes in India which is a complex and controversial issue that has not been clearly resolved by the law yet. He builds an understanding of the current legal position of go-slows in India as per labour laws such as the Industrial Disputes Act, 1947 and judicial interpretation. He also makes a comparative analysis with the foreign legal approach to have a holistic overview of the international approach. The author states that there is an urgent need to take a decisive stance on the status of go-slows by adopting either the United Kingdom’s approach of making go-slow legal as an ‘Action Short of Strike’(ASOS) with certain conditions, or Belgium’s approach of classifying go-slows as illegal strikes. 


Navigating the Intricacies of the Defection Conundrum: An Insight into Maharashtra’s Political Turmoil

Finally, in the article titled, “Navigating the Intricacies of the Defection Conundrum: An Insight into Maharashtra’s Political Turmoil,” the authors dig into the recent debate surrounding anti-defection laws in the country brought about by way of the Tenth Schedule to the Constitution, with particular emphasis to the prevailing situation in Maharashtra. They narrate the need for such a law while discussing its various dimensions and shortcomings when actually put into implementation. They study the judgment of the Supreme Court in detail to find out how the judiciary has interpreted the issue and highlight the various problems arising out of the same, while also discussing possible solutions to counter political defections.