https://lawjournals.celnet.in/index.php/jcmsl/issue/feed 2026-01-27T11:38:07+00:00 Mr. Gagan Kumar (Associate Editor) [email protected] Open Journal Systems <p> Journal of Capital Market and Securities Law is peer reviewed refereed journal that aims at the dissemination and advancement of research in Capital Markets contributed by law students, advocates and other professionals and explore the challenges of securities markets.The Indian Capital market has grown exponentially in terms of resource mobilization, number of listed stock exchanges, market capitalization and trading volumes. Along with this growth, the profiles of the investors, issuers and intermediaries have changed significantly. The market has witnessed a fundamental institutional change resulting in drastic reduction in transaction costs and significant improvement in efficiency, transparency and safety. The Regulatory measures are taken by the SEBI such as allocation of resources, rolling settlement, sophisticated risk management and derivatives which have greatly improved the framework. </p> https://lawjournals.celnet.in/index.php/jcmsl/article/view/1959 2025-12-23T08:08:02+00:00 Shruti Verma [email protected]

<p>This paper examines the framework governing treaty-making in India, with particular attention to how power is distributed between the executive branch and Parliament in negotiating and ratifying international agreements. Given India's increasing involvement in global trade, foreign investment, and international cooperation, understanding the constitutional mechanics of treaty-making has become critical. The study traces how Articles 73 and 253 of the Indian Constitution establish the executive's authority to negotiate treaties while requiring parliamentary action for their implementation. Through an analysis of landmark decisions particularly the Maganbhai Ishwar Bhai Patel case and P.B. Samant v. Union of India—the paper highlights how courts have interpreted the treaty-making process, emphasizing the distinction between treaty negotiation and domestic enforcement. The work then examines bilateral investment treaties as a case study, analyzing disputes in which India has been a party to arbitration, such as the Vodafone case and the 2G spectrum controversy. These instances reveal a troubling pattern where executive autonomy in treaty negotiations, coupled with insufficient parliamentary scrutiny, has resulted in substantial financial<br>and diplomatic consequences for the nation. The paper concludes that while the executive's authority to enter treaties is constitutionally sound, democratic accountability and institutional checks remain inadequate, necessitating reforms that enhance parliamentary oversight, ensure transparent treaty processes, and better align international commitments with India's constitutional principles and public interest.</p>

2025-12-24T00:00:00+00:00 Copyright (c) 2025 Journal of Capital Market and Securities Law https://lawjournals.celnet.in/index.php/jcmsl/article/view/1958 2026-01-27T11:38:07+00:00 Ansuman Barik [email protected]

<p>The rapid growth in artificial intelligence (AI), particularly the deep learning technologies, has significantly transformed India’s securities market. It offers a unique set of tools that assist investors and other intermediaries in financial analysis. However, there is a rise in misuse of AI-generated deep-fakes and misinformation that impersonate corporate leaders, regulators and financial experts, misleading the retail investors, manipulating the stock prices and undermining market confidence. This paper argues that the Securities Exchange Board of India (SEBI) needs to extend its regulatory oversight beyond the registered entities&amp;#39; activity to encompass all forms of AI-driven financial misinformation, including deepfakes. Relying on real-world incidents across India and globally, the paper demonstrates how deepfakes or AI- generated misinformation (particularly in the securities market) have led to losses to investors and market volatility. Although jurisdictional limits, regulatory overlap with the Ministry of Electronics and Information Technology (MeitY), and free speech concerns pose challenges, the paper contends that through effective collaboration, coordinated frameworks, investor education, targeted regulation under the PFUTP Regulations and technological collaboration with the AI research entities, SEBI can effectively address these concerns. Additionally, comparative analysis from the UAE FSRA, UK FCA, US SEC and FINRA and Germany’s BaFin practices further inform a robust policy proposal. Finally, the study looks into SEBI’s proactive intervention, along with balanced inter-agency cooperation, is required to protect<br>the interests of the investors and market integrity in the era of AI.</p>

2026-01-27T00:00:00+00:00 Copyright (c) 2025 Journal of Capital Market and Securities Law