December 26, 2025

Introduction

Today's legal and governance highlights focus on consumer rights in the digital age, a major legislative shift in nuclear energy policy, and reservation policies for armed forces personnel in paramilitary services. The analysis centers on regulatory frameworks for "Dark Patterns," the introduction of the SHANTI Act, 2025, and statutory quotas for Agniveers.


1. Consumer Protection Law: Regulation of "Dark Patterns"

The Ministry of Consumer Affairs has intensified its crackdown on "Dark Patterns"—deceptive user interface designs used by e-commerce platforms.

A. Statutory Framework

  • Consumer Protection Act (CPA), 2019: This is the primary statute. "Dark Patterns" are legally classified as "Unfair Trade Practices" under the Act because they manipulate consumer choice and undermine informed consent.

  • CCPA Guidelines 2023: The Central Consumer Protection Authority (CCPA) issued specific guidelines titled "Guidelines for Prevention and Regulation of Dark Patterns, 2023". These guidelines act as subordinate legislation, making specific practices (like "False Urgency" or "Basket Sneaking") punishable.

B. The Regulator: CCPA

  • Nature: The CCPA is a Statutory Body established under the CPA, 2019.

  • Powers: It has the power to investigate, recall unsafe goods, and impose penalties on misleading advertisements and unfair trade practices. It acts as a class-action enforcer.

C. Legal Maxim Shift

  • The regulatory approach signals a shift from Caveat Emptor (Buyer Beware) to Caveat Venditor (Seller Beware), placing the burden of ensuring non-manipulative design on the platform.


2. Legislative Reform: SHANTI Act, 2025 (Nuclear Energy)

A significant policy shift is marked by the introduction of the SHANTI Act (Sustainably Harnessing Atomic Energy for New Transformation of India), 2025.

A. The Legal Shift: Private Participation

  • Atomic Energy Act, 1962 (Current Status): Historically, this Act restricted the operation of nuclear power plants exclusively to government-owned entities (NPCIL/BHAVINI).

  • New Legislation: The SHANTI Act, 2025 amends this legal position to allow Private Sector Participation in nuclear reactor development. This statutory change is required to mobilize the capital needed to reach the 100 GW target by 2047.

  • Liability: The entry of private players will re-ignite legal questions regarding the Civil Liability for Nuclear Damage Act, 2010, specifically the "Supplier's Liability" clause (Section 17), which private suppliers have historically found contentious.


3. Service Law: Reservation for Agniveers

The analysis highlights the policy of providing reservation for "Agniveers" in Central Armed Police Forces (CAPFs).

A. Statutory Basis for CAPFs

  • CAPFs (like CRPF, BSF, CISF) are governed by their respective statutes (e.g., CRPF Act, 1949, BSF Act, 1968).

  • Reservation Policy: The 10% quota for Agniveers is implemented through amendments to the recruitment rules framed under these respective Acts. This is an exercise of Delegated Legislation.


4. Economic Law: RBI & State Finances

The Reserve Bank of India (RBI) released data on state-wise export concentration.

A. Constitutional Context

  • Financial Federalism: The data reveals a "Core-Periphery" divide where savings from poorer states (low Credit-Deposit ratio) are legally and financially siphoned to industrial states. This challenges the spirit of Article 38 (State to secure a social order for the promotion of welfare of the people) and Article 39(c) (Prevention of concentration of wealth).


Key Legal Takeaways

  • Statute: Consumer Protection Act, 2019 (Classifies Dark Patterns as Unfair Trade Practices).

  • Statutory Body: Central Consumer Protection Authority (CCPA) (Enforces consumer rights).

  • New Legislation: SHANTI Act, 2025 (Amends Atomic Energy framework to allow private sector).

  • Legal Maxim: Shift from Caveat Emptor to Caveat Venditor in digital markets.

  • Service Law: 10% Reservation for Agniveers in CAPFs (implemented via recruitment rules).

  • Grievance Portal: e-Jagriti (Statutory portal for consumer complaints).


Frequently Asked Questions (FAQs)

Q1: What defines a "Dark Pattern" under Indian law?

  • Answer: Under the CCPA Guidelines 2023, a Dark Pattern is defined as any practice or deceptive design pattern using user interface interactions that impairs user autonomy, decision-making, or choice, amounting to an "Unfair Trade Practice" under the Consumer Protection Act, 2019.

Q2: Is the Central Consumer Protection Authority (CCPA) a constitutional body?

  • Answer: No, the CCPA is a Statutory Body established under Section 10 of the Consumer Protection Act, 2019.

Q3: Can private companies operate nuclear power plants in India currently?

  • Answer: Under the Atomic Energy Act, 1962, only government-controlled entities (PSUs) could operate nuclear plants. However, the proposed SHANTI Act, 2025 aims to amend this to legally permit private sector participation.

Q4: Which Act governs the liability in case of a nuclear accident in India?

  • Answer: The Civil Liability for Nuclear Damage Act (CLNDA), 2010. It directs liability to the operator and has specific provisions (Section 17) allowing recourse against suppliers.

Q5: What is "Drip Pricing"?

  • Answer: It is a specific type of Dark Pattern where the final price is not disclosed upfront. Instead, elements of the price (like taxes, platform fees) are revealed incrementally ("dripped") during the checkout process, preventing informed comparison.


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