LL.M Dissertation 2024 -25

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Access to Land and Concern of Ethnic Tension in West Karbi Anglong: A Critical Analysis of Constitutional Mandate
(National Law University and Judicial Academy, Assam, 2025-06) Timungpi, Birti
The Karbi Anglong district is ethnic in nature. Where there exists an ethnic diversity in the area there also exists an ethnic conflict between the tribe of that region. The ethnic conflict mostly cause due to misunderstanding between the tribes, cultural differences, Lack of work possibilities, claiming land rights by the non Karbi’s it led to the conflict between the tribe of Karbi Anglong because the Karbi people consider their land as the gift from their ancestor and they belief protecting their land means protecting their culture and future generations, And the Militant group of each communities also had a big role behind the ethnic conflict in the region.
An Analytical Study of Insurance-Linked Securities as a Substitute for Conventional Reinsurance
(National Law University and Judicial Academy, Assam, 2025-06) Madheshiya, Shikha
This paper assesses the viability of Insurance-Linked Securities as a potential alternative to traditional reinsurance. For many decades, reinsurance has been one of the most crucial tools employed by the global insurance market for managing large-scale risks as it helps the insurers to manage risks and stay financially sound. However, with ever-increasing complexities and calamities, in addition to capital market involvement, ILS has emerged. These securities, which enable the insurance industry to transfer risk to capital markets, have grown significantly in recent years, but their viability as a long-term alternative to reinsurance remains uncertain. Based on doctrinal research, the paper explores the development of ILS, including the structure and future potential. It compares them with a well-established role of reinsurance in risk management. While ILS offer several distinct advantages in terms of access to a broader capital market and more flexible risk transfer structures, they are not without significant risks and challenges. The research starts to investigate the structure, forms, and operations of ILS, such as catastrophe bonds, collateralized reinsurance, industry loss warranties (ILW), and reinsurance sidecars. They enable insurers and reinsurers to tap into capital markets to shift risks that were once held within the insurance industry. The dissertation creates a comparative review of ILS and conventional reinsurance, noting the ways in which ILS can improve capital efficiency, diversify risk, and stabilize the insurance market after a catastrophe.
An Analytical Study of the Evolution of Cyber Insurance in India: Addressing Coverage Gaps in Cybercrime and Data Breaches
(National Law University and Judicial Academy, Assam, 2025-06) Mishra, Mehuli
India's hasty digital growth has exposed citizens and companies to an increasing flood of cyber threats; however, the nation's readiness to protect against these financially is still weak. While cyber insurance has received international acclaim as a vital risk management tool, its usage in India—especially among citizens and small to mid-sized businesses—is still low. Such underinsurance arises largely because of large gaps in existing policies, which usually do not cover the entire gamut of contemporary cyber threats like identity theft, ransomware, phishing, and social engineering attacks. Added to this is the absence of regulatory standardization, inadequate consumer awareness, and the lack of suitably designed insurance products adapted to the Indian environment.
Anti-Religion Conversion Vis a Vis Freedom of Religion: The Role of Anti-Religious Sentiment in Influencing Religious Conversion
(National Law University and Judicial Academy, Assam, 2025-06) Singh, Sudhanshu
In recent decades, the enactment and enforcement of anti-conversion laws by several Indian states have sparked a contentious debate regarding their compatibility with constitutional guarantees and international human rights standards. These laws aim to prevent conversions achieved through force, fraud, or inducement, but they have often been criticized for their vague language, selective application, and potential misuse against religious minorities and vulnerable communities and violating right to profess religion and individual freedom
Assessing the Role of Risk Management in the Success of Cross-Border Merger and Acquisition (M&A.)
(National Law University and Judicial Academy, Assam, 2025-06) Sulabh
Cross-border mergers and acquisitions (M&As) operate in complex legal frameworks subject to the impact of multiple jurisdictions, each having its own regulatory, corporate, taxation, and compliance requirements. Such legal complexity is a primary risk to the success of such transactions, especially when acquiring firms lack effective legal risk management systems. Despite cross-border M&As having risen globally, most transactions are delayed, restructured, or canceled because of unforeseen legal and regulatory challenges.
Balancing Creditors’ and Debtors’ Rights under Insolvency and Bankruptcy Code: A Critical Study
(National Law University and Judicial Academy, Assam, 2025-06) Mishra, Shivani
The Insolvency and Bankruptcy Code, 2016 (IBC) was enacted to consolidate and reengineer India's haphazard insolvency system to set in motion a time-bound resolution of distressed assets with the idea that maximum recovery will accrue to creditors. The Code's operational framework also reveals a structural imbalance, favoring financial creditors through the Committee of Creditors (CoC), with operational creditors and corporate debtors and limited stakeholder involvement, and it fails to extend adequate safeguards to the aforementioned groups. This imbalance is exacerbated in sector-specific issues, viz., Micro, Small, and Medium Enterprises (MSMEs) and the real estate industry, the unique economic roles and vulnerabilities of the parties are disregarded for a more generic and interchangeable approach in solving these unique problems through a uniform resolution framework. While lawmakers have taken steps to remedy these issues for parties, to recognize homebuyers as financial creditors, and provide pre-packaged insolvency schemes for MSMEs; these parties and other corporate debtors have criticized the IBC's operational framework as still unfairly treating creditors and debtors, provided procedural rigidity, and unduly liquidating sustainable enterprises
Balancing Patent Rights and Public Health: The Global Divergence in Bolar Exemption Interpretations
(National Law University and Judicial Academy, Assam, 2024-07) Das, Agniva
Caste vs. Economic Criteria in Reservations: A Constitutional Analysis of Caste-Based Reservation Versus Economic-Based Reservations
(National Law University and Judicial Academy, Assam, 2025-06) Arvind, Shriyam
The Indian Constitution envisions justice, equality, and dignity for all, particularly for those historically marginalized by caste-based exclusion. Caste-based reservations have long served as a corrective mechanism to address entrenched social and educational backwardness. However, the 103rd Constitutional Amendment Act, 2019, introduced a 10% reservation for Economically Weaker Sections (EWS) among unreserved categories, marking a shift from traditional caste-based affirmative action to economic criteria. This shift raises critical constitutional questions: Can economic disadvantage, divorced from social stigma, justify affirmative action? Does this inclusion of economic criteria dilute the original purpose of reservations, or does it expand the scope of substantive equality? As social and economic backwardness increasingly intersect, concerns arise about equating economic hardship with the unique, systemic oppression rooted in caste.
Constitutional Morality vs. Social Reality: A Critical Analysis of the Implementation Gap in India's Vision on Caste and Religion
(National Law University and Judicial Academy, Assam, 2025-06) Khatun, Remiza
The Indian Constitution envisions a society grounded in the ideals of equality, liberty, fraternity, and dignity, particularly as a response to the historic injustices of caste hierarchy and religious divisions. Yet, despite an elaborate legal framework and decades of jurisprudential evolution, the social reality remains starkly at odds with the constitutional vision. Caste-based discrimination, communal hatred, and socio-religious violence continue to manifest across rural and urban India, often with the silent complicity—or active encouragement—of institutions, political actors, and social groups.This persistent implementation gap between constitutional morality and social practice is not merely a legal or administrative failure; it reflects a deeper resistance within Indian society to the ethical transformation that the Constitution demands. While the judiciary has from time to time invoked constitutional morality to uphold individual rights and challenge oppressive norms, these interventions are often met with social backlash, political pushback, or ineffective enforcement
Consumer Protection under the Trademark Regime in India: A Legal Study
(National Law University and Judicial Academy, Assam, 2025-06) Daimari, Marlin
In India market-oriented economy trademarks play a important role in shaping brand identity, fostering competition, as well as guiding consumer decisions. However, there appears to be an imbalance within the current legal system while it offers strong protection to trademark owners, it often does so at the expense of consumer-focused consideration. Although the trademarks Act, 1999 addresses deception and confusion, it does not explicitly centre consumer rights as a primary legal objective. Meanwhile, the Consumer Protection Act, 2019 addresses unfair trade practices but lacks targeted mechanisms to resolve trademark related issues. This fragmented approach creates gaps, misleading advertisements, and counterfeit goods
Criminalization of Politics in Northeast India: Challenges and Recent Trends
(National Law University and Judicial Academy, Assam, 2025-06) Thousen Barman, Dibyashree
Criminalization of politics presents a severe threat to democratic integrity and good governance in India, and its impact in Northeast India is particularly troubling due to the region’s unique socio-political fabric. Despite the Northeast's strategic significance, cultural diversity, and constitutional guarantees of autonomy, the region has witnessed an increasing entrenchment of individuals with criminal backgrounds in political and administrative institutions. This criminalization is not limited to the mere presence of criminal cases against candidates; it is symptomatic of deeper systemic failures that allow crime and power to reinforce each other. In states such as Manipur, Nagaland, Assam, and Tripura, electoral processes have, at times, become vulnerable to manipulation through money power, coercion, insurgent influence, and communal polarization. Criminal networks often operate hand in glove with political actors, using financial and militant resources to capture votes, silence opposition, and consolidate authority. Insurgent groups—some active, others former—continue to play a shadow role in shaping electoral outcomes by issuing voting diktats or aligning with political parties through informal understandings
Impact of Intellectual Property Rights on Access to Education for the Visually Impaired and Print Disabled: A Legal Analysis of the Copyright Act and the Marrakesh Treaty in India
(National Law University and Judicial Academy, Assam, 2025-06) Shree, Tetiksha
Access to education is a fundamental right that empowers individuals and builds inclusive societies. However, for visually impaired and print-disabled persons, this right is often restricted by barriers in the availability of accessible learning materials. Intellectual Property Rights (IPR), while crucial for encouraging creativity and protecting the interests of authors, can sometimes unintentionally limit the dissemination of knowledge to these communities. This study dives into the difficult problem of reconciling copyright protection with the need to make educational resources more accessible to people who are visually impaired or otherwise print-disabled in India. It provides a detailed legal assessment of the Copyright Act of 1957, particularly in light of the considerable changes made by the 2012 amendment. The study also examines the impact of the Marrakesh Treaty, which aims to improve access to published works for people with print difficulties. The study aims to establish if India's current laws and international obligations effectively promote accessibility—or if additional legal and policy reforms are required. This work is driven by the belief that education should be truly inclusive, and that the law must evolve to uphold the rights and dignity of all learners. The findings and discussions presented here seek not only to illuminate the existing legal landscape but also to contribute to the broader conversation about justice, inclusivity, and human rights in education.’
Independence of Judiciary: Comparison Between Constitution of India and United States of America
(National Law University and Judicial Academy, Assam, 2025-06) Singh, Pranjal
Concerns about the judiciary‘s ability to remain independent in the face of numerous obstacles have surfaced in recent years, which present the research‘s challenge. Judicial independence from the power of political parties, the executive branch, and the legislature is seriously threatened. Unfair influence over the judicial appointment, transfer and elevation procedures may jeopardize the judiciary‘s independence. in addition, the lack robust mechanisms for judicial accountability and transparency raises concerns about moral principles and the possibility of disciplining dishonest judges. Furthermore, the public‘s opinion resulting from political meddling, a lack of accountability and transparency and the other factors can erode public confidence in the legal system and jeopardize the independence and effectiveness of the judiciary.
Interpretation of Fair Use Under Copyright Law with Special Reference to AI-Generated Works
(National Law University and Judicial Academy, Assam, 2025-06) Chakravarty, Gautami
Copyright law preserves property rights in original works by allowing exclusive rights for reproduction, adaptation, distribution, public performance, and exhibition. The copyright law aims to remunerate authors and incentivise investment in copyrighted work. It encourages new work and expands the knowledge base. With the rise of artificial intelligence (AI) in creative works, it has transformed the traditional idea of authorship, ownership, and copyright protection. AI-generated creative works comprising literature, music, and visual arts are made up of human and machine creativity
Legal and Ethical Challenges in Protecting Folk Songs in India: Cultural Appropriation, Traditional Cultural Expressions, and Copyright Issues
(National Law University and Judicial Academy, Assam, 2025-06) Kumar Garg, Rajat
Folk music has been an integral part of India’s cultural and artistic heritage, passed down through generations as an expression of collective identity. However, with the advent of modernization and commercialization, folk songs are frequently adapted, remixed, and reinterpreted by mainstream artists, often without recognizing their original creators or cultural significance. This raises critical legal and ethical questions regarding copyright, ownership, and the boundaries between cultural appropriation and adaptation. This dissertation seeks to examine the legal frameworks governing the remake of folk songs in India, the extent to which traditional cultural expressions are protected, and the reforms needed to create a balanced approach between intellectual property rights and cultural preservation. The remake of folk songs in India presents a complex intersection of law, culture, and commerce
Nature in the Crossfire: Protection of the Environment During Armed Conflict Through International Humanitarian Law
(National Law University and Judicial Academy, Assam, 2025-06) Kalita, Himangshu
Despite the increasing recognition of the environment as a victim of war, international humanitarian law (IHL) offers limited and fragmented protection to the environment during armed conflict. Provisions such as Article 35(3) and 55 of Additional Protocol to the Geneva Conventions, and the ENMOD Convention of 1976, impose restrictions on warfare that causes environmental destruction, but they are either vague, poorly enforced, or applicable only in narrow contexts. The absence of clear definitions, enforcement mechanisms, and applicability to non-international armed conflicts (NIACs) further complicates protection efforts. In an era of climate crisis and prolonged armed conflicts where ecological degradation often has long-term consequences for civilian populations, there is an urgent need to critically assess whether existing IHL norms are sufficient to safeguard the environment
Predatory Pricing and Anti-Competitive Agreements in E-Commerce Platforms: Indian Framework and Global Trends
(National Law University and Judicial Academy, Assam, 2024-07) Rajput, Ashutosh
E-commerce in India, examining the critical competition law challenges that have emerged with its rapid expansion. At its core, the study investigates how prevailing practices such as predatory pricing, deep discounting, and exclusive agreements by dominant online platforms distort market conditions, thereby jeopardizing fair competition and the survival of small businesses and traditional retailers. By highlighting these complex market behaviors, this research underscores the pressing need for robust regulatory interventions to ensure an equitable and competitive digital marketplace.
Prohibition of Arbitrariness Under Article 14: A Study of Judicial Trends
(National Law University and Judicial Academy, Assam, 2025-06) Das, Riya
Article 14 of the Constitution of India provides for equality before law and equal protection of law. When giving meaning to Article 14, the Supreme Court has extended the domain of arbitrary state action to additionally include a prohibition on state action that is characterized by arbitrariness. This extension which guarantees the prohibition on arbitrariness, while intended to promote fairness, has, to some extent, introduced problems of clarity and consistency of application. It is problematic that there is not a precise, universally accepted concept for identifying and measuring arbitrariness, because it could lead to inconsistency in judicial application or arbitrary conclusions that violate the equality principle. This study will explore the judicial development of the prohibition of arbitrariness in the context of Article 14, the implications for the equality principle, and the implications for legal certainty in India.
Reservation Policies in India with Special Reference to Admissions: - A Critical Analysis
(National Law University and Judicial Academy, Assam, 2025-06) Reddy, Kallam Vishal
In India, reservation policies have historically been an important component of the country’s affirmative action agenda, with the objective of pursuing social justice through addressing cumulative disadvantage among disadvantaged communities such as Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), Persons with Disabilities (PwDs) and more recently Economically Weaker Sections (EWS). However, despite their constitutional backing and decades of provisions, when it comes to the effectiveness, fairness and implications of reservation policies particularly in the educational admission context, there is significant ongoing contestation and debate.
Reviving Failing Firms: Evaluating Effectiveness of India’s Insolvency and Bankruptcy Code in Corporate Restructuring
(National Law University and Judicial Academy, Assam, 2025-06) Brahma, Binandini
This dissertation is primarily doctrinal and analytical, i.e., it relies on available legal texts, case laws, reports of the government, and rulebooks to examine the functioning of the IBC in real life. It considers the Code itself, the regulations and rules enshrined thereunder, the orders of NCLT, NCLAT, and Supreme Court, reports of IBBI and RBI, etc. The idea is to combine the letter of the law with what is happening on the ground. There is a good deal of attention paid to some of the landmark cases such as Essar Steel, Jet Airways, DHFL, and Videocon, which not only reflect how the law is being interpreted but also demonstrate the practical challenges that crop up in large insolvency cases.

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