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The Indian Journal of Contemporary Legal and Social Issues publishes rigorous, accessible scholarship at the intersection of law, society, technology, and governance.

Corporate Law
Platform Blocking And The Proportionality Deficit...
Naman Sharma
Corporate Law8 min
Constitutional Law
The Legality Of Forest Governance In Conflict-Aff...
Ms. Nisha Sharma
Constitutional Law8 min
Civil Procedure/ADR
The Limits Of Indian Retrenchment Law In Addressi...
Mukund G Rajpal
Civil Procedure/ADR8 min
Constitutional Law
Cross-Border Surrogacy And Childhood Statelessnes...
P Aiyapa Poonacha
Constitutional Law8 min
Cyber Law/Defamation
Parental Responsibility For A Minor's Ai-Generate...
Yashash KS
Cyber Law/Defamation8 min
Civil Procedure/ADR
Analysing Discrepancies In The Admiralty Act, 201...
Arjun Raj Krishna
Civil Procedure/ADR8 min
Constitutional Law
Internalising Social Costs Via ₹2,000 Per LAIB: L...
P Aiyapa Poonacha
Constitutional Law8 min
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Digital Due Process and the Right to Explanation

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Submitted Jan 9, 2025Updated 2 days ago

Land Rights in the Era of Carbon Markets

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Submitted Nov 28, 2024Updated Jan 11

Judicial Review of Automated Welfare Systems

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Submitted Oct 14, 2024Updated Dec 19

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Latest Publications

September 2026

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Corporate Law

Platform Blocking And The Proportionality Deficit Section 69A After The Telegram Order

The judgment in Telegram FZ LLC v. Union of India exposes a structural gap in the necessity stage of proportionality doctrine under Anuradha Bhasin v. Union of India. [1] This paper argues that the Delhi High Court collapsed two analytically distinct propositions: (1) that narrower measures were tried and failed, and (2) that no narrower measures were structurally available to the government. The court treated these as equivalent without accounting for the jurisdictional reality that Telegram, as an undomiciled foreign platform, could not structurally comply with targeted takedown orders. This distinction is decisive. [2] Foreign platforms without domestic presence in India have no corporate entity to serve, no assets to attach, and no representative to mandate compliance through. The necessity stage of proportionality doctrine cannot simply ignore this reality by asserting that the government exhausted all available tools. It must instead examine whether the regulatory architecture itself precludes certain measures. This paper proposes a statutory independent review body operating pre-enforcement to examine this distinction explicitly, supplemented by a graduated response ladder and bilateral treaty mechanisms with the jurisdictions where foreign platforms are domiciled. Without these reforms, Section 69A becomes a blunt instrument whenever foreign platforms are involved, and proportionality doctrine becomes a post-hoc ratification of executive action rather than a principled constraint upon it. [1] Telegram FZ LLC v. Union of India, 2026 SCC OnLine Del 4750 (Delhi H.C. June 19, 2026), W.P. (C) No. 8259 of 2026. [2] Anuradha Bhasin v. Union of India , (2020) 3 SCC 637.

Naman Sharma
8 min
Constitutional Law

The Legality Of Forest Governance In Conflict-Affected Regions Of India: A Critical Analysis

Forests in the Indian landscape are primarily governed through a careful balance of environmental safeguards, constitutional measures and social justice. Especially in conflict-affected regions, that balance is constantly put to the test. These ecosystems, largely situated in East-Central India, are extremely rich in biodiversity and mineral resources, yet they remain gravely affected by insecurity, exaggerated claims on land resources and the marginalisation of communities who have resided in forest lands for generations. Against this very notion and backdrop, the paper attempts to raise a question that goes beyond legal and regulatory compliance: can forest management in these selected landscapes be regarded not just as law-abiding but legitimate? The research is purely doctrinal and analytical in substance. It attempts to question the central statutory structure moulding forest compliance and community rights, coupled with judicial precedents that have paved the way for their interpretation, precisely through the lens of constitutional directives. This legal interpretation is supported by a qualitative analysis and case-based approach, in which three conflict-affected regions are analysed to develop reasoning about the operation of laws and policies once they are out of legal statute books and put in function in the contested terrains. Secondary sources, comprising scholarly articles, literature and media reports, elevate the inquiry and help place legal developments within their administrative ecosystem. The research paper also identifies the expanding role of technological innovations in forest governance and its consequences for building trust between state parties and local communities. The Study brings into focus that the area of dispute lays not in the absence of legal policies, but in the manner it’s applied. Two legislative visions, one based on centralised protection and the other on community-driven governance and compliance, coexist uneasily, and in other regions where the state is experienced mainly through security means, this disputed coexistence paves the way for unplanned enforcement and administrative discretion. By keeping forest management within a constitutional framework, the paper adds to ongoing discord between ecological protection, the rights of indigenous communities and the expanding disparity between conservation and development. It suggests that ecological protection in conflict-affected landscapes is least likely to emerge from control alone, and that community-driven participatory approaches demand greater weight in legal design and policy execution. The paper is intended to raise an alarm in the legal scholarly community, environmental researchers and activists, policy makers and legal practitioners concerned with the intersection of law, biodiversity and social equality.

Ms. Nisha Sharma
8 min
Civil Procedure/ADR

The Limits Of Indian Retrenchment Law In Addressing Large-Scale Employment Downsizing: A Critical Study Of The Industrial Disputes Act, 1947 And The Industrial Relations Code, 2020

Indian retrenchment law developed around a specific paradigm: a firm terminates workers because it can no longer afford to employ them. This paper tests whether that paradigm remains adequate when economically viable enterprises undertake large-scale workforce reductions for reasons unconnected to financial distress, including organisational restructuring, automation and changing business models. Using doctrinal analysis of the Industrial Disputes Act, 1947 and the Industrial Relations Code, 2020, which came into force on 21 November 2025, the paper examines the statutory definitions of retrenchment, lay-off and closure, the threshold-based permission regime, and the newly operative Worker Re-Skilling Fund under Section 83 of the Code. It uses Oracle Corporation's 2025 to 2026 restructuring, including its reported effect on the company's Indian workforce, as an illustrative case study of downsizing by a company that was not in financial distress. The paper compares the Indian position with the European Union's collective redundancy framework, United Kingdom consultation law and German co-determination practice. It finds that Indian retrenchment law regulates the legality and financial consequences of termination with reasonable rigour but contains no mechanism distinguishing distress-driven layoffs from discretionary restructuring, imposes no disclosure obligation tied to cause, and treats consultation as largely optional outside the collective bargaining context. The Worker Re-Skilling Fund represents a genuine, if modest, legislative acknowledgment of transition costs, but it is compensatory rather than preventive and untested in practice. The paper concludes that the working hypothesis is partially supported: Indian law provides real procedural and compensatory protection but remains structured around the fact of termination rather than the reasons behind large-scale downsizing, and it proposes a calibrated set of disclosure, redeployment-consideration and reporting reforms.

Mukund G Rajpal
8 min
Constitutional Law

Cross-Border Surrogacy And Childhood Statelessness: Gaps In Indian Constitutional Law And The Surrogacy (Regulation) Act, 2021

Cross-border surrogacy often results in childhood statelessness due to irreconcilable rules on legal parentage and nationality between the country of birth and the country that the commissioning parents belong to, India was a major destination for such arrangements until the Surrogacy (Regulation) Act, 2021 prohibited commercial surrogacy for foreign nationals and confined altruistic surrogacy to close relatives of the commissioning couple. The Act has curtailed new commercial arrangements involving foreigners. It has not resolved the status of children already born through prior arrangements or the position of Indian citizens who commission surrogacy abroad. The Citizenship Act, 1955 predominantly follows a jus sanguinis model. This means that citizenship by birth is not automatic unless at least one of the parent is an Indian citizen. When this rule operates together with the non-recognition of foreign parentage orders, the statutory scheme creates a compound risk of statelessness. International human rights law, with particular regard to Article 7 of the United Nations Convention on the Rights of the Child, guarantees to every child the right to acquire a nationality. Domestic legal systems nevertheless often refuse to recognise intended parentage established through foreign surrogacy arrangements on public policy grounds. Indian constitutional obligations under Articles 21 and 39(f), as elaborated in Sheela Barse v Union of India , impose a duty on the State to protect children. It remains unclear whether these obligations extend to the prevention of surrogacy-induced statelessness. This paper examines the doctrinal gaps in Indian constitutional and statutory law that permit childhood statelessness in cross-border surrogacy cases. It evaluates whether the Surrogacy (Regulation) Act, 2021 satisfies or aggravates the obligations and considers if it is feasible for steps like targeted legislative amendments, including clearer prohibition and residual nationality mechanisms, that remain consistent with constitutional values and India’s treaty commitments.

P Aiyapa Poonacha
8 min 3

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