Author: PRASANNASRI26092001

EVOLUTION OF INSOLVENCY LAW IN INDIA: FROM SICA AND SARFAESI TO IBC 2016

AUTHOR – ANANYA SHARMA, STUDENT AT SYMBIOSIS LAW SCHOOL, HYDERABAD

BEST CITATION – ANANYA SHARMA, EVOLUTION OF INSOLVENCY LAW IN INDIA: FROM SICA AND SARFAESI TO IBC 2016, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 721-727, APIS – 3920 – 0001 & ISSN – 2583-2344

INTRODUCTION

In legal terms, insolvency refers to a situation when an individual or an organisation is unable to meet their financial obligations to a person. Such a situation happens when one’s liabilities or debts exceed one’s assets. It can occur due to a lack of cash flow, poor financial management, unexpected expenses, etc. When one becomes insolvent, it can lead to serious repercussions, such as bankruptcy, liquidation, or restructuring of one’s assets. According to Black’s Law Dictionary, insolvency is “The condition of a person who is insolvent; inability to pay one’s debts; lack of means to pay one’s debts. Such a relative condition of a man’s assets and liabilities that the former, if all made immediately available, would not be sufficient to discharge the latter. Or the condition of a person who is unable to pay his debts as they fall due, or in the usual course of trade and business.”^[1]

In India, insolvency is governed by the “Insolvency and Bankruptcy Code, 2016”^[2] in the present times. The Code creates a consolidated framework for governing both insolvency and bankruptcy proceedings in India, for both individuals and organisations.

Before the IBC there was the “Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002”^[3] which was preceded by the “Sick Industrial Companies (Special Provisions) Act, 1985”^[4]. The IBC created a time-bound and a comprehensive framework for governing insolvency matters in India, unlike SICA and SARFARESI which were narrower in scope. SICA did not provide for a mechanism which would help in timely disposal of cases, and SARFARESI focused more on benefiting the lenders than the borrowers. THE IBC brought a strict set of timelines, and did not only focus on repaying the creditors, but also reviving sick companies who had the potential to regrow.

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[1] Insolvency, The Law Dictionary, https://thelawdictionary.org/insolvency/ (last visited Sept. 4, 2025).

[2] Insolvency and Bankruptcy Code, No. 31 of 2016 (India).

[3] Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, No. 54 of 2002 (India).

[4] Sick Industrial Companies (Special Provisions) Act, No. 1 of 1986 (India).

“ENVIRONMENTAL JUSTICE AND THE RIGHTS OF FUTURE GENERATIONS IN INDIA: CHALLENGES AND CASE STUDIES”

AUTHOR – ADV K GOPIKA, LL.M STUDENTS AT THE DEPARTMENT OF LAW, CENTRAL UNIVERSITY OF KERALA

BEST CITATION – ADV K GOPIKA, “ENVIRONMENTAL JUSTICE AND THE RIGHTS OF FUTURE GENERATIONS IN INDIA: CHALLENGES AND CASE STUDIES”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 714-720, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Environmental justice and the rights of future generations have become critical considerations in India’s pursuit of sustainable development. The principle of intergenerational equity emphasizes that current economic and developmental activities should not compromise the ability of future generations to meet their needs. India has made significant strides in recognizing these rights through landmark cases, policy initiatives, and grassroots movements. For instance, the Goenchi Mati Movement in Goa advocates for preserving mineral wealth for future generations, while legal interventions like Ridhima Pandey v. Union of India highlight the judicial acknowledgment of children’s environmental rights. However, ongoing issues such as stubble burning in Punjab demonstrate the persistent challenges to environmental justice. Despite existing legal frameworks and penalties, widespread stubble burning contributes to severe air pollution, adversely affecting both present populations and the well-being of future generations. This paper examines the role of environmental justice in India, the rights of future generations, and the practical challenges in implementing these principles, emphasizing the need for stronger enforcement, public awareness, and inclusive policymaking to ensure a sustainable and equitable environment.

KEY WORDS: Environmental Justice, Intergenerational Equity, Rights of Future Generations, Sustainable Development, Climate Change, Stubble Burning, Policy Implementation, Legal Frameworks, public awareness.

CLIMATE CHANGE AND THE TRIPLE THREAT; WATER SCARCITY, AGRICULTURAL DECLINE, AND FOOD INSECURITY IN INDIA

AUTHOR – POOJA.S.P, LLM STUDENT AT CENTRAL UNIVERSITY OF KERALA

BEST CITATION – POOJA.S.P, CLIMATE CHANGE AND THE TRIPLE THREAT; WATER SCARCITY, AGRICULTURAL DECLINE, AND FOOD INSECURITY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 706-713, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Climate change is an all-around threat to India, affecting water resources, agriculture productivity, and food security, commonly described as a “triple threat.” Increased temperature globally, irregular rainfall, melting of glaciers, and more frequent occurrences of extreme climate events like floods and droughts have undermined ecosystem processes and human lives. Whereas previous research has studied these problems in silo, a gap in research exists to comprehend the interlinked legal, socio-economic, and environmental implications of climate change on the water-agriculture-food nexus in India.

COMPARATIVE STUDY OF JUDICIAL REVIEW UNDER INDIAN AND AMERICAN CONSTITUTION

AUTHOR – PRAJAKTA GAJARMAL, STUDENT OF DES SHRI NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – PRAJAKTA GAJARMAL, COMPARATIVE STUDY OF JUDICIAL REVIEW UNDER INDIAN AND AMERICAN CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 699-705, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

                Judicial review stands as a cornerstone of constitutional democracy; acting as a safeguard for individual rights and ensuring the supremacy of the constitution. This comparative study delves into the intricate mechanisms of judicial review under the Indian and American Constitution, examining their historical evolution, current practices and impact on the legal and political landscape. While both nations have embraced judicial review as a tool to balance power, the application and scope in India and the United States have diverged significantly due to differences in legal traditions, political environments, and constitutional frameworks. Judicial review in the United States was solidified by the landmark case Marbury v. Madison in 1803, whereas in India, it was introduced gradually through judicial interpretation, most notably post the landmark case of Kesavanda Bharti in 1973. This study explores the tension between judicial review and democratic principle in both nations, with a focus on how courts in each system navigate the delicate balance of power between the judiciary, legislature and executive. The central research problem is the extent to which judicial review has evolved to serve as an effective check on governmental overreach without undermining the democratic process. The hypothesis posits that while both systems aim to preserve constitutional integrity, the broader scope of judicial activism in India has led to different outcomes compared to the more restrained approach in the United States. To enhance the efficacy of judicial review while safeguarding democratic values, including the consideration of limits on judicial intervention and enhancing transparency in the judicial process. The research paper analyse the development of judicial review in both constitutional systems, critically compare their current frameworks, and propose reforms that can ensure a balanced and effective judicial review system that upholds the core principles of democracy and constitutionalism.

ANALYZING SECTION 154 CRPC + 173 OF BNSS IN LIGHT OF ZERO FIR: AN EMPIRICAL AND DOCTRINAL STUDY OF BNSS, 2023 IN LIGHT OF NCRB DATA

AUTHOR – MS. K. NOORUL SHIFA FARGATH*, MS. T. VAISHALI**, MR. S. SARAVANA KUMAR**

* STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW, CHENNAI, INDIA

** ASSISTANT PROFESSOR OF LAW, DEPARMTMENT OF CRIMINAL LAW AD CRIMINAL JUSTICE ADMINISTRATION, THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW, CHENNAI, INDIA

BEST CITATION – MS. K. NOORUL SHIFA FARGATH, MS. T. VAISHALI, MR. S. SARAVANA KUMAR, ANALYZING SECTION 154 CRPC + 173 OF BNSS IN LIGHT OF ZERO FIR: AN EMPIRICAL AND DOCTRINAL STUDY OF BNSS, 2023 IN LIGHT OF NCRB DATA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 690-698, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The introduction of the Zero FIR mechanism under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) represents a pivotal reform in India’s criminal justice system, ensuring that First Information Reports (FIRs) can be registered at any police station irrespective of territorial jurisdiction. This provision addresses longstanding procedural barriers that have historically delayed investigations and hindered victims’ access to justice. The doctrinal framework of FIRs, initially grounded in Section 154 of the Code of Criminal Procedure, 1973 (CrPC), has now been redefined under Section 173 of the BNSS, codifying judicial directions such as those laid down in Lalita Kumari v. Government of Uttar Pradesh which mandated compulsory FIR registration.^[1]

Empirical data from the National Crime Records Bureau (NCRB) 2022 Report reveals persistent challenges in FIR registration and delays in investigation, particularly in cases involving sexual offences, cybercrimes, and inter-state crimes.^[2]Zero FIR, by eliminating jurisdictional hurdles, directly responds to these concerns, reducing evidentiary loss and safeguarding victims’ rights.^[3]However, its successful implementation depends on police accountability, adequate training, and robust technological infrastructure to prevent misuse and administrative lapses.

This paper undertakes a doctrinal and empirical analysis of Zero FIR under BNSS, drawing upon NCRB statistics, legislative developments, and judicial precedents. It argues that Zero FIR must be backed by uniform enforcement protocols, e-FIR mechanisms, and inter-jurisdictional cooperation to ensure its effective functioning. Ultimately, this study contends that the statutory recognition of Zero FIR strengthens India’s commitment to victim-centric justice, constitutional guarantees of fair trial, and timely access to justice.

Keywords – Zero FIR, Section 154 CrPC, Section 173 BNSS, 2023, FIR registration, NCRB crime data

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[1] Lalita Kumari v. Gov’t of Uttar Pradesh, (2014) 2 SCC 1 (India).

[2] National Crime Records Bureau, Crime in India 2022: Statistics (Ministry of Home Affairs, Gov’t of India 2023), https://ncrb.gov.in.

[3] Ministry of Home Affairs, Bharatiya Nagarik Suraksha Sanhita, 2023 (No. 46 of 2023), Gazette of India, Dec. 25, 2023.

EXTRA JUDICIAL ENCOUNTER UNDER BNSS

AUTHOR – MS. LEPAKKSHI M K*, MS. T.VAISHALI**, MR. S. PRAVEEN*

* THE TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW, CHENNAI, INDIA

** ASSISTANT PROFESSOR OF LAW, DEPARTMENT OF CRIMINAL LAW & CRIMINAL JUSTICE AT THE TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW, CHENNAI,INDIA

BEST CITATION – MS. LEPAKKSHI M K, MS. T.VAISHALI, MR. S. PRAVEEN, EXTRA JUDICIAL ENCOUNTER UNDER BNSS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 680-689, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Extrajudicial encounters—commonly known as “encounter killings”—are among the most controversial practices in Indian policing, raising serious questions about the balance between public demand for quick justice and constitutional protections of due process. With the enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaces the Code of Criminal Procedure, 1973 (CrPC), debates about police powers and the safeguarding of fundamental rights have been renewed. This paper critically assesses whether the BNSS offers stronger protections against extrajudicial killings or, alternatively, whether its expanded rules on arrest, investigation, and use of force might legitimize police abuses.

The analysis begins with a conceptual understanding of extrajudicial encounters and their causes, followed by a comparative study of relevant provisions under the CrPC and the BNSS. Judicial pronouncements, particularly People’s Union for Civil Liberties v. State of Maharashtra (2014)^[1],have laid down mandatory safeguards against encounter killings, while constitutional protections under Articles 14, 21, and 22 remain the bedrock of the right to life and personal liberty. However, the persistent occurrence of encounter deaths and the glorification of “instant justice” highlight systemic failures of accountability.

This study further situates the BNSS within the broader framework of human rights law, referencing the guidelines of the National Human Rights Commission (NHRC)^[2] and international standards such as the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (1990)^[3].It argues that while the BNSS introduces procedural reforms—such as mandatory forensic investigation and stricter timelines for trial—the absence of explicit safeguards against unlawful police action raises concerns about potential misuse.

The paper concludes that without strong oversight, independent probes, and clearer limits on police powers, the BNSS may reinforce impunity. Ensuring accountability is crucial to uphold constitutional values and international human rights standards.

Keywords – Extrajudicial encounter, self defence, National Human Rights Commission, Universal Declaration of Human Rights, International Covenant on Civil and Political Rights

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[1] People’s Union for Civil Liberties v. State of Maharashtra, (2014) 10 SCC 635.

[2] National Human Rights Commission of India, “Guidelines on Encounter Deaths” (1997, revised 2010).

[3] United Nations, “Basic Principles on the Use of Force and Firearms by Law Enforcement Officials,” Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 27 August–7 September 1990.

MEDICAL EXPERTISE OF THE JUDICIARY AND THE EVOLVING ROLE OF THE EXPERT WITNESS FOR ASSISTING JUDICIAL APPRECIATION OF MEDICO-LEGAL EVIDENCE

AUTHOR – DR. SATISHCHANDRA PURUSHOTTAM KALE,  MS (ORTH.), FRCS (ORTH), M.CH (ORTH.), LL.B, LL.M

PH.D. RESEARCH SCHOLAR, NIMS SCHOOL OF LAW, NIMS UNIVERSITY, JAIPUR

BEST CITATION – DR. SATISHCHANDRA PURUSHOTTAM KALE, MEDICAL EXPERTISE OF THE JUDICIARY AND THE EVOLVING ROLE OF THE EXPERT WITNESS FOR ASSISTING JUDICIAL APPRECIATION OF MEDICO-LEGAL EVIDENCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 670-679, APIS – 3920 – 0001 & ISSN – 2583-2344

This article focuses on assessment of medical knowledge among judiciary members, how some degree of medical knowledge assists in decision making among members of the judiciary. Further, this article discusses the ever-expanding role and scope of the Expert witness including the selection of such experts underlining the significance of checks to achieve the confidence in the quality of testimonies and neutrality of the witness. Furthermore, the chapter explores the requirements that expert witnesses need to satisfy to provide credible, reliable and reproducible testimony for effectively assisting in justice delivery systems.

ARE WOMEN BEING DEPRIVED OF THEIR HUMAN RIGHTS? AN INTERSECTION OF PRO-CHOICE AND PRO-LIFE NOTION

AUTHOR – DEVARAGASHRI RAJARAMAN*, HARITA JAYARAMAN* & VAISHALI T**,

* STUDENTS AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY (TNDALU)

** ASSISTANT PROFESSOR OF LAW DEPARTMENT OF CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION, SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY (TNDALU)

BEST CITATION – DEVARAGASHRI RAJARAMAN, HARITA JAYARAMAN & VAISHALI T, ARE WOMEN BEING DEPRIVED OF THEIR HUMAN RIGHTS? AN INTERSECTION OF PRO-CHOICE AND PRO-LIFE NOTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 663-669, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

International human rights standards have matured notably to recognize that the deprival of abortion care in various circumstances contravenes women’s basic human rights. The plan of action which was taken on at the ICPD associating over 180 countries has an exclusive chapter discussing about the women’s empowerment entitled “reproductive rights and reproductive health” expressing the principle of autonomy. The question of whether women are being depressed of their human rights when access to abortion is confined is at the heart of this paper. This study looks at how bodily autonomy has influenced the acceptance of abortion as a fundamental human right claiming that the foundation of both gender equality and personal liberty is the ability to construct reproductive decisions.The pith of this paper is to emphasize that the right to abortion cannot be construed as a mere legal right but as a basic human right per se. This study aims to answer various questions on pro-choice and pro-life ideas and thereby leveraging the pro-women notion.

Key words: Abortion, human rights, pro-choice and pro-life, bodily autonomy.

POWERPLAY OF RIGHTS: POLICY MAKING AND LEGISLATIVE INTERVENTION IN INDIA

AUTHOR – ARIHANA GOHAIN, NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BENGALURU

BEST CITATION – ARIHANA GOHAIN, POWERPLAY OF RIGHTS: POLICY MAKING AND LEGISLATIVE INTERVENTION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 656-662, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

India’s governance structure is built on the doctrine of separation of powers, ensuring checks and balances between the legislative, executive, and judicial branches. However, in the Indian context, this principle is not applied in its absolute sense and allows a degree of flexibility and interdependence between the branches. There are areas where the branches collaborate for better governance, policymaking being one of them. Taking this as its context, this paper delves into the often-debated topic of executive power in policymaking within the Indian context.  

Drawing on the landmark case of Rai Sahib Ram Jawaya Kapur and Others v State of Punjab , this paper will explore the distinction between policies formulated by the executive independently and those requiring legislative sanction.^[1] The case examines the functions of the executive, focusing on the initiation and implementation of policies. This paper focuses on policy implementation, arising from the observation that this area lies at the intersection of legislative and executive functions which raises intriguing questions about the separation of powers. The interaction between the executive and legislature brings a new perspective with respect to governance functions in their practical sense and how it squares back to their constitutional significance.

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[1] Rai Sahib Ram Jawaya Kapur and Others v State of Punjab (1955) 2 SCR 225.

ARREST UNDER CRPC AND BHARTIYA NAGARIK SURAKSHA SAHITA (BNSS)

AUTHOR – SAMIKSHA PRABHAKAR NIKAM, STUDENT AT SHREE L.R. TIWARI COLLEGE OF LAW

BEST CITATION – SAMIKSHA PRABHAKAR NIKAM, ARREST UNDER CRPC AND BHARTIYA NAGARIK SURAKSHA SAHITA (BNSS), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 650-655, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) a significant revision of the country’s criminal procedure law was adopted by the Indian parliament in place of the colonial-era Code of Criminal Procedure, 1973. This essay critically examines the BNSS including its primary objectives, laws, and potential consequences for the criminal justice system in India. It examines the basis for the legislative change, highlighting a change in focus toward victim-centric tactics, technological integration, and procedural effectiveness. The report also critically examines potential challenges and debates surrounding the implementation of the BNSS, such as concerns over the appropriate balance between state power and individual freedom and the preparation of the legal and law enforcement systems, and potential consequences for the rights of the accused. This study attempts to provide a complete understanding of the relevance of this previous law in influencing the direction of criminal justice in India its key characteristics and possible implications.