Author: PRASANNASRI26092001

CONSTITUTIONALISM AND JUDICIAL REVIEW IN INDIA: SAFEGUARDING FUNDAMENTAL RIGHTS

AUTHOR – NANDHITHA R DINESH, STUDENT AT AMITY UNIVERSITY

BEST CITATION – NANDHITHA R DINESH, CONSTITUTIONALISM AND JUDICIAL REVIEW IN INDIA: SAFEGUARDING FUNDAMENTAL RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 248-256, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/WWWR3206

Abstract

A constitution without effective oversight is like a declaration without enforcement; fundamental rights without institutional guardianship may remain mere ideals. In modern constitutional democracies, judicial review and the protection of fundamental rights serve as essential safeguards, ensuring that laws protect individuals rather than leaving them at the mercy of unchecked state authority. This paper examines how constitutionalism the idea that government is bound by law and accountable to citizens is realized in India through judicial review and rights protection. It explores the historical and conceptual foundations of judicial review, analyzes landmark cases that have shaped its scope, and reflects on its practical impact in safeguarding  liberties of the citizens. The study also considers contemporary challenges, such as judicial overreach and systemic delays, while suggesting pathways for strengthening these mechanisms. Ultimately, judicial review is not merely a legal procedure but a vital bridge that translates constitutional promises into lived realities, making democracy meaningful and accountable.

“DUAL VS. COOPERATIVE FEDERALISM: A THEORETICAL AND PRACTICAL ASSESSMENT”

AUTHOR – SHIVENDRA SINGH, LLM (IP) STUDENT AT AMITY UNIVERSITY

BEST CITATION – SHIVENDRA SINGH, “DUAL VS. COOPERATIVE FEDERALISM: A THEORETICAL AND PRACTICAL ASSESSMENT”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 433-450, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/QTPS9141

Abstract

This paper examines two foundational theories of federalism—dual federalism and cooperative federalism—analyzing their theoretical underpinnings, historical development, and practical applications. Through comparative analysis, this study explores how these models conceptualize the distribution of power between national and subnational governments, their implementation in various constitutional systems, and their effectiveness in addressing contemporary governance challenges. The paper argues that while dual federalism provided the initial framework for federal systems, cooperative federalism has emerged as a more pragmatic approach to modern governance, though neither model exists in pure form in practice. By examining case studies from the United States, India, and other federal systems, this research demonstrates that successful federalism requires flexibility and adaptation rather than rigid adherence to a single theoretical model.

Keywords: Dual Federalism, Cooperative Federalism, Constitutional Theory, Intergovernmental Relations, Vertical Division of Powers

THE FUTURE OF PATENTS IN THE PHARMACEUTICAL INDUSTRY

AUTHOR – RANJAN KUMAR, STUDENT AT AMITY LAW SCHOOL, PATNA

BEST CITATION – RANJAN KUMAR, THE FUTURE OF PATENTS IN THE PHARMACEUTICAL INDUSTRY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 428-432, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The future of pharmaceuticals will be driven by a number of factors, including rapid scientific innovations, new biotechnology developments, and global priorities related to health care. As a result, traditional patent laws—the foundation for protecting new discoveries and products—are undergoing increasing scrutiny as the pharmaceutical industry faces more and more challenges internally and externally. This paper will assess what the future will look like with respect to patents in pharmaceuticals by examining some of the major issues facing the industry today—high research & development costs, patent cliffs, the always-present issue of evergreening, and the unequal access to life-saving medicines between middle-income and low-income countries—as well as the potential of new regulatory models (such as data exclusivity, compulsory licensing, open-science drug discovery, and international regulatory harmonization) to alleviate these challenges. Furthermore, this paper will assess the impact of technological advancements (such as AI and personalized medicine) on the patentability and enforcement of new pharmaceutical inventions, as well as the potential effects of these advancements on pharmaceutical markets.

 Overall, the findings presented in this paper point to the need for an adaptive/escrow-system patent model that provides the necessary incentives for innovation while simultaneously providing access to necessary therapies for all individuals, particularly to those in low- and middle-income countries, by means of co-operative governance between multiple health care systems. The findings indicate that the long-term growth of both science and public health will depend on partnerships between government, industry, and academia, working together as collaborative remonstrators of “hybrid innovation”

“RETAINING DEATH: A CRITICAL ANALYSIS OF CAPITAL PUNISHMENT IN INDIA’S EVOLVING LEGAL FRAMEWORK”

AUTHOR – SRI PRAGADHIRR T R, ACADEMICIAN/ADVOCATE, CENTRAL UNIVERSITY OF TAMIL NADU

BEST CITATION – SRI PRAGADHIRR T R, “RETAINING DEATH: A CRITICAL ANALYSIS OF CAPITAL PUNISHMENT IN INDIA’S EVOLVING LEGAL FRAMEWORK”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 356-426, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/RGPP1404

ABSTRACT

The replacement of the Indian Penal Code (1860) and the Code of Criminal Procedure (1973) with the Bharatiya Nyaya Sanhita (BNS), 2023, and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 marks a major shift in India’s criminal justice framework. A key change is the expansion of offences punishable by the death penalty from 12 to 16, raising serious concerns about the increased risk of wrongful executions. This concern is amplified by the 2019 amendment to the POCSO Act, which introduced harsher punishments for child sexual offences without adequately addressing the potential for tutored testimony from child witnesses.

These developments come amid systemic issues in the Indian Criminal Justice System, including procedural delays, lack of pre-trial safeguards, inadequate legal representation, and socio-economic disparities that disproportionately impact poor and marginalized individuals. Notably, people from disadvantaged backgrounds face higher sentencing rates and often lack access to effective legal remedies, making the death penalty a tool of class-based discrimination.

This study critically examines whether recent legal changes heighten the risk of unjustified executions and explores the influence of socio-economic status in capital sentencing. It also compares India’s stance with countries that have abolished or retained the death penalty, analysing differences in legal reasoning and safeguards. In light of the global trend toward abolition 112 countries by 2023 India’s retention of capital punishment calls for urgent re-evaluation. This research argues for a reconsideration of the death penalty in India through the lens of fairness, proportionality, and human rights.

PROTECTION OF MINORITY SHAREHOLDERS: A LEGAL ANALYSIS IN INDIA

AUTHOR – MENAKA SAPAM & SNEHA J

LLM STUDENTS AT DEPARTMENT OF LAW, CENTRAL UNIVERSITY OF TAMIL NADU, THIRUVARUR

BEST CITATION – MENAKA SAPAM & SNEHA J, PROTECTION OF MINORITY SHAREHOLDERS: A LEGAL ANALYSIS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 350-355, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The protection of minority shareholder rights has become increasingly significant in India’s evolving corporate landscape, where strong governance and transparency are essential for maintaining investor confidence. With rapid economic growth and rising foreign investment, safeguarding minority shareholders who often lack the power to influence corporate decisions has gained renewed importance. The Companies Act, 2013 serves as the primary legal framework for protecting minority interests, outlining their fundamental rights and providing remedies against oppression and mismanagement. Through provisions that allow shareholders to approach the National Company Law Tribunal (NCLT), the Act offers effective mechanisms to challenge unfair practices by majority shareholders or corporate management.

Despite the strength of the statutory framework, practical challenges continue to limit its effectiveness. Lengthy procedures, complex litigation processes, and delays in dispute resolution often discourage minority shareholders from seeking remedies. Additionally, limited awareness of legal rights and available protections further contributes to their vulnerability within corporate structures. This paper argues that while India’s legal system provides substantial protections on paper, these protections require more efficient implementation. Strengthening regulatory oversight, simplifying procedures, accelerating dispute resolution, and increasing awareness can enhance the system’s effectiveness. Doing so will promote a more equitable and transparent corporate environment that upholds the rights and interests of all shareholders.

Key words: Minority shareholder, Oppression and Mismanagement, Fundamental rights, Shareholder rights.

FORENSIC TOOLMARK ANALYSIS OF 3D IMAGING APLLICATION IN BURGLARY CASE

AUTHORS – ABINAYA S* & R G SUGITHKUMAR**

* LL.M. 2ND YEAR (CRIME & FORENSICS LAW), SOEL (SCHOOL OF EXCELLENCE IN LAW), THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

** BCA LLB (HONS) LLM (CRIMINAL LAW), LAW FACULTY, SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – ABINAYA S & R G SUGITHKUMAR, FORENSIC TOOLMARK ANALYSIS OF 3D IMAGING APLLICATION IN BURGLARY CASE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 338-349, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/PNUY4319

ABSTRACT :

The integration of 3D imaging technologies in forensic toolmark analysis represents a paradigm shift in burglary investigation methodologies. This doctrinal research examines the application of 3D Imaging toolmark analysis in burglary investigations, exploring its scientific foundations, legal admissibility, and practical implementation challenges within the Indian criminal justice framework. Toolmark evidence has historically been critical in linking suspects to burglary crime scenes, as perpetrators frequently employ tools such as crowbars, screwdrivers, and bolt cutters to force entry. However, traditional two-dimensional microscopic comparison methods have faced criticism for their subjective nature and lack of statistical validation.

This study investigates how emerging 3D surface topography technologies—including confocal microscopy, focus variation microscopy, and coherence scanning interferometry—provide objective, quantifiable methods for toolmark comparison with enhanced accuracy and reproducibility. The research analyzes validation studies demonstrating false-positive error rates below 1% and classification accuracies exceeding 96% for 3D-based algorithms. Within the Indian legal context, the study examines the admissibility of such evidence under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), particularly Section 39 governing expert opinion, and the mandatory forensic investigation provisions under Section 176(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

The findings suggest that while 3D toolmark analysis offers significant improvements in objectivity and statistical rigor, its implementation in India faces challenges including infrastructure limitations, standardization requirements, and judicial unfamiliarity with emerging forensic technologies.

Keywords: 3D Imaging Toolmark Analysis, Burglary Investigation, Forensic Science, Bharatiya Sakshya Adhiniyam, Evidence Admissibility, Crime Scene Investigation

FORENSIC TOXICOLOGY AND DRUG RELATED CRIME INVESTIGATION: CHALLENGES AND RESPONSES

AUTHOR – MAHALAKSHMI V, STUDENT AT TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW

BEST CITATION – MAHALAKSHMI V, FORENSIC TOXICOLOGY AND DRUG RELATED CRIME INVESTIGATION: CHALLENGES AND RESPONSES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 327-337, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Forensic Toxicology became important for drug and poison detection, analysis, and interpretations in the criminal justice system. In modern India, with an increasing number of drug-related crimes ranging from narcotics trafficking, overdoses to drug-facilitated sexual assaults, and a high magnitude of scientific investigations has become an immediate need. Forensic toxicology, thus, helps determine the presence, quantity, and effects of an intoxicating substance in a biological sample, utilizing the latest advances in analytical techniques such as GC-MS (Gas Chromatography – Mass Spectrometry), LC-MS (Liquid Chromatography-Mass Spectrometry), and immunoassays. Yet, integration of toxicological evidence into legal proceedings is surrounded by challenges. Various considerations such as admissibility of evidence, chain of custody, and reliability of testimony by an expert sometimes tend to weigh heavily on the evidentiary value of toxicological reports in a country or state of law. Under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, and The Bharatiya Sakshya Adhiniyam (BSA), 2023, such toxicological results are crucial for prosecution; yet, inappropriate procedural measures frequently diminish their probative significance. Also, the onset of synthetic and designer drugs has created newer challenges for forensic labs that are unable to match up with the fast turnaround of scientific innovations. This paper tries to understand forensic toxicology from a scientific and legal perspective in drug-related crimes, especially vis-a-vis the statutory provisions of Indian law and judicial pronouncements, along with comparative analysis drawn from other jurisdictions. It also highlights ethical issues regarding privacy and consent in toxicological testing and investigates requisite policy changes that will firm up forensic infrastructure in India. The study thereby ultimately asserts that the synergy between forensic science and criminal law is necessary for practically and fairly investigating, trying, and punishing in cases of drugs and toxic substances.

Keywords: Forensic Toxicology, Drug-Related Crimes, NDPS Act, Evidentiary Value, Criminal Justice

THE ROLE OF FORENSIC EXPERTS IN PROVIDING TESTIMONY IN TOOL MARK AND TRACK EVIDENCE IN INDIA

AUTHOR – MAHALAKSHMI V, STUDENT AT TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW

BEST CITATION – MAHALAKSHMI V, THE ROLE OF FORENSIC EXPERTS IN PROVIDING TESTIMONY IN TOOL MARK AND TRACK EVIDENCE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 314-326, APIS – 3920 – 0001 & ISSN – 2583-2344.

Chapter – I

Introduction and Research Design

1.1. Introduction to Tool Mark and Track Evidence

Tool mark and track evidence belong to the category of physical and trace evidence. Tool marks are typically classified as either impression marks (created when a tool is pressed into a softer surface) or striation marks (created when a tool slides or scrapes across a surface). Track evidence, particularly footwear and tire impressions, similarly captures the unique physical details of the object that created the impression.^[1] The underlying scientific justification for their use is rooted in the core tenets of forensic science: Locard’s Exchange Principle and the Principle of Individuality.^[2] The expert’s task is to analyse these marks, determine their origin, and link them to a specific known tool or object, thereby providing objective scientific data to aid the court in establishing facts.^[3]

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[1] R. Menon, Trace Evidence: A Guide for Investigators (Global Press 2015).

[2] Edmond Locard, L’Enquête Criminelle et les Méthodes Scientifiques (Ernest Flammarion 1920) (foundational exchange principle), available at https://criminocorpus.org/fr/ref/113/2555/ (last accessed Nov. 28, 2025).

[3] V. P. Singh, Delays in Forensic Reporting: A Barrier to Timely Justice in India, 8 Nat’l J. Forensic Sci. 45, 45-58 (2019).

EXPLORING ACCESS TO JUSTICE THROUGH THE FUNCTIONING OF LEGAL AID SERVICES AUTHORITIES IN INDIA

AUTHOR – ANUJ WANKHADE, RESEARCH SCHOLAR AT VISHWAKARMA UNIVERSITY, PUNE

BEST CITATION – ANUJ WANKHADE, EXPLORING ACCESS TO JUSTICE THROUGH THE FUNCTIONING OF LEGAL AID SERVICES AUTHORITIES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 298-313, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/YLFM5109

Abstract

Access to justice, recognised as a fundamental human right and guaranteed under Articles 14, 21, and 39A of the Constitution of India, is key to maintaining a democratic and rule-based society. However, India continues to face significant challenges in providing equitable access to its legal system for a population exceeding 1.21 billion. NJDG records show nearly 44.7 million pending cases before District and Taluka courts, indicating that only about four per cent of the population interacts with the justice system at any time. Socio-economic barriers, low legal awareness, high litigation costs, and poor quality of legal representation remain critical obstacles preventing marginalised and vulnerable groups from receiving timely and effective remedies. The Legal Services Authorities Act, 1987, aims to fill these gaps by creating a multi-level network of legal aid institutions at the national, state, district, and taluka levels. Through mechanisms such as Lok Adalats and specialised programs for disaster victims, human trafficking survivors, acid attack victims, undertrial prisoners, senior citizens, and women, the Act encourages accessible and affordable justice. Judicial recognition, notably in Anita Kushwaha v. Pushpa Sudan (2016), further reinforces the constitutional obligation of access to justice. Despite these efforts, numerous challenges, geographical barriers, bureaucratic delays, socio-economic disadvantages, low legal literacy, and inconsistent quality of legal aid continue to impede effective implementation. This research investigates the functioning, impact, and limitations of legal aid authorities in India, assesses their capacity to realise the goal of “Access to Justice for All,” and suggests reforms to strengthen the legal aid system.

Keywords: Access to Justice, Human Rights, Constitution of India, Legal Services Authorities Act, Lok Adalats, Human Trafficking, Undertrial Prisoners

DISCHARGE OF SURETY

AUTHOR – CHANAKYA DESAI, STUDENT AT SYMBIOSIS LAW SCHOOL, NOIDA SIU

BEST CITATION – CHANAKYA DESAI, DISCHARGE OF SURETY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 293-297, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Contract of indemnity and contract of guarantee, both are specific contracts and motive of these both is to protect the plaintiff or any other person from loss. In indemnity, indemnifier himself or any third party will recover the loss there is no obligations; but in guarantee, surety should had obligations to recover loss. The main function in the guarantee is to recover the loss or payment of debt etc; will be paid by surety to the creditor, which should have been given by principal debtor. This duty of the surety can also be discharged. Discharge of the surety means discharging of the surety from his obligations, when by any variance made without the surety consent, in terms of the contract between principal debtor and the creditor. Not only that but there are many other ways to discharge the surety which is mentioned in Indian contract act, 1872 from section 133 – 139.