Author: PRASANNASRI26092001

SOUNDARAJAN VS. STATE (REP. BY THE INSPECTOR OF POLICE) (2023) 16 SCC 141

AUTHOR – VANSHIKA GUPTA, VIVEKANANDA INSTITUTE OF PROFESSIONAL STUDIES-TECHNICAL CAMPUS, GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY (GGSIPU) ENROLLED IN THE 5 YEAR INTEGRATED BBALLB COURSE.

BEST CITATION – VANSHIKA GUPTA, SOUNDARAJAN VS. STATE (REP. BY THE INSPECTOR OF POLICE) (2023) 16 SCC 141, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 296-300, APIS – 3920 – 0001 & ISSN – 2583-2344.

I.INTRODUCTION

The Supreme Court’s decision in Soundarajan v. State Rep. by the Inspector of Police, Vigilance and Anti-Corruption, Dindigul marks a pivotal moment in the interpretation of evidentiary standards under the Prevention of Corruption Act, 1988. The appellant, Soundarajan, who served as a Sub-Registrar in Tamil Nadu’s Dindigul District, was initially convicted under Sections 7 and 13(2) read with Section 13(1)(d) of the Act. Although the High Court affirmed this conviction, the Supreme Court ultimately set it aside, underscoring the necessity of proving the demand for illegal gratification beyond reasonable doubt. This ruling not only scrutinizes the evidentiary threshold required for corruption charges but also sets a precedent that could influence the adjudication of similar cases in the future, reinforcing the principle that mere recovery of money is insufficient without clear proof of demand^[1].

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[1] “Strengthening Evidentiary Standards in Corruption Cases: Insights from Soundarajan v. State Rep. The Inspector of Police Vigilance Anticorruption Dindigul,” CaseMine, April 18, 2023, available at https://www.casemine.com/commentary/in/strengthening-evidentiary-standards-in-corruption-cases:-insights-from-soundarajan-v.-state-rep.-the-inspector-of-police-vigilance-anticorruption-dindigul/view (last visited Sept. 7, 2025).

LEGAL AND REGULATORY FRAMEWORK FOR GREEN HYDROGEN IN INDIA

AUTHOR – MALINI MODI, STUDENT AT AMITY UNIVERSITY

BEST CITATION – MALINI MODI, LEGAL AND REGULATORY FRAMEWORK FOR GREEN HYDROGEN IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 285-295, APIS – 3920 – 0001 & ISSN – 2583-2344.

1. Introduction to Green Hydrogen Technology

Green hydrogen is increasingly becoming the linchpin of the transition of the entire world towards a clean energy framework. It is produced through an electrolysis procedure where water (H₂O) is dissolved into hydrogen (H₂) and oxygen (O₂) through the assistance of electricity gained from renewable means such as solar, wind, or hydroelectricity. Blue or grey hydrogen differs from green hydrogen in that it emits no carbon and none of the greenhouse gases at any stage of its production. That makes it a very good fuel where the matter of curbing climate change as well as environmental conservation comes into play. Also, green hydrogen has exceptionally diverse uses and can be employed in a multitude of sectors: it can be applied directly as a fuel to fuel-cell electric vehicles (FCEVs), as an industrial feedstock for the manufacturing process of steel and cement, as an energy store, and as part of fertilizer production through the utilization of ammonia.^[1]

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[1] International Renewable Energy Agency, Green Hydrogen: A Guide to Policy Making, (IRENA 2020) p. 12.

A CRITICAL STUDY ON UNFAIR TRADE PRACTICE: EXAMINING THE IMPACT OF DOHA DECLARATION ON GLOBAL EQUITY

AUTHOR – MRIDHULA KORAPATI, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS), SAVEETHA UNIVERSITY, CHENNAI- 600 077.

BEST CITATION – MRIDHULA KORAPATI, A CRITICAL STUDY ON UNFAIR TRADE PRACTICE: EXAMINING THE IMPACT OF DOHA DECLARATION ON GLOBAL EQUITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 250-265, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Unfair trade practices (UTPs) refer to deceptive, fraudulent, or unethical business conduct that distorts competition and harms consumers. The Doha Declaration, adopted during the WTO Ministerial Conference in 2001, primarily focused on public health, trade flexibility, and fair trade practices, particularly concerning intellectual property rights under the TRIPS Agreement. The aim of the research paper is to conduct a critical study of unfair trade practices, with a special focus on the Doha Declaration and its impact on global trade regulations, intellectual property rights (IPR), and access to essential goods, especially pharmaceuticals. The objective is  to examine the concept and types of unfair trade practices in international trade, To analyze the role of the Doha Declaration in addressing unfair trade practices, with a focus on public health and intellectual property rights. The methodology of the research is that, This empirical study collected data from 211 respondents in Chennai using convenience sampling. Key variables included age, gender, education, and occupation. The study used cluster graphs, ANOVA, and chi-square tests to assess the necessity of unfair trade protection in ensuring fair and safe trade between consumers and sellers. The Finidings of the study is  that despite the Doha Declaration’s intent to promote fair trade, unfair practices persist due to corporate influence, weak enforcement. In the pharmaceutical sector, TRIPS-related patent protections have increased drug prices, limiting access to essential medicines, while developing countries face legal and economic barriers in utilizing compulsory licensing. The conclusion is  that while the Doha Declaration was a significant step toward addressing unfair trade practices, medicines, as developing nations face economic and political barriers when attempting to use compulsory licensing.

KEY WORD :Doha Declaration, Unfair Trade Practices, Trade Regulations, Property Rights, Global Equity.

BEYOND CONSENT: REIMAGINING DIGITAL STANDARD FORM CONTRACTS IN INDIA

AUTHOR – GANDHALI R. KHAMKAR, LLM STUDENT AT DES’ SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE (AFFILIATED WITH SAVITRIBAI PHULE PUNE UNIVERSITY, PUNE)

BEST CITATION – GANDHALI R. KHAMKAR, BEYOND CONSENT: REIMAGINING DIGITAL STANDARD FORM CONTRACTS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 241-249, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Standard Form Contracts (SFCs), pre-drafted and non-negotiable, have emerged as the backbone of digital commerce, governing transactions across e-commerce platforms, cloud services, social media, and the Internet of Things. In India, their expansion reflects both colonial-era legal legacies and the country’s rapid digital transformation. Yet, these contracts often conceal opaque and one-sided terms that weaken informed consent, fairness, and accountability. India’s existing legal framework, anchored in the Indian Contract Act, 1872, the Information Technology Act, 2000, and the Consumer Protection Act, 2019, remains fragmented and inadequate. While it recognizes electronic contracts and consumer rights, it lacks clear provisions to address digital-specific complexities such as algorithmic enforcement, unilateral jurisdiction clauses, and blockchain-based smart contracts. This regulatory gap leaves consumers vulnerable to exploitation and undermines trust in digital markets. This article makes two key contributions. First, it maps the doctrinal and jurisprudential evolution of SFCs in India, critically engaging with behavioural economics to highlight cognitive biases like click fatigue, and drawing comparative insights from the European Union and the United States. Second, it advances a hybrid regulatory model that integrates contract law, consumer protection, and data governance to mitigate digital-specific vulnerabilities. Central to this model is the framework of the “3Cs of Fair Digital Contracting”, Consent, Clarity, and Corrective Mechanisms. It calls for statutory recognition of unfair terms, mandatory explicit consent for sensitive clauses, algorithmic accountability in automated enforcement, and localized dispute resolution to counter foreign jurisdiction clauses. By situating SFCs at the intersection of law and technology, this article argues that India must move “beyond consent” to achieve a balance between innovation and fairness and empower consumers while sustaining economic growth.

Keywords: Blockchain, Consent, Consumer Protection, Digital Commerce, Indian Contract Act, Information Technology, Standard Form Contracts.

“CONFIDENTIALITY CLAUSES IN SETTLEMENT AGREEMENTS: ETHICAL AND LEGAL CONSIDERATIONS”

AUTHOR – ATHARV RAJESHWAR SHET, DECCAN EDUCATION SOCIETY’S SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – ATHARV RAJESHWAR SHET, “CONFIDENTIALITY CLAUSES IN SETTLEMENT AGREEMENTS: ETHICAL AND LEGAL CONSIDERATIONS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 232-240, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

(Catchy opening line) Confidentiality clauses in settlement agreements protect sensitive information but raise ethical and legal concerns regarding transparency, fairness, and public interest. Striking a balance between confidentiality and accountability is essential in promoting ethical dispute resolution practices in a modern legal framework.(History) Confidentiality clauses have long been used as tools to safeguard reputational and proprietary interests in civil settlements. Their evolution in common law jurisdictions was influenced by the desire to encourage dispute resolution without litigation. However, over time, these clauses have faced criticism for enabling practices like silencing victims of misconduct, shielding unethical behavior, and impeding public awareness of systemic issues.(Present Status) In contemporary legal practice, confidentiality clauses are ubiquitous in settlement agreements across diverse sectors, including employment disputes, commercial litigation, and cases involving harassment or discrimination. While these clauses facilitate of anicient resolution and protect sensitive data, they have sparked debates over their misuse, particularly when used to cover up unlawful practices or silence victims. The rise of whistleblower protections and transparency initiatives has further intensified calls for limiting or reforming confidentiality provisions.(Short Explanation) This study examines the  ethical and legal dimensions of confidentiality clauses, focusing on their potential to obstruct justice and undermine public interest. It argues for a balanced approach that respects legitimate privacy concerns while addressing the risk of misuse.(Research Problem) The unchecked use of confidentiality clauses creates ethical dilemmas, such as enabling the concealment of illegal or harmful activities. This research explores whether reforming these clauses can promote fairness and accountability without discouraging legitimate settlements or breaching privacy rights.(Hypothesis) Reforming confidentiality clauses in settlement agreements can promote greater transparency and accountability, reducing their misuse while preserving their legitimate purposes in dispute resolution.(Possible Reforms) Suggested reforms include limiting the scope of confidentiality clauses in cases involving public interest, mandating disclosures in instances of unlawful conduct, introducing legislative safeguards for whistleblowers, and encouraging judicial oversight to prevent abuse. Public awareness and legal education regarding the ethical implications of confidentiality are also essential.(Aims and Objectives) This research aims to critically analyze the ethical and legal considerations surrounding confidentiality clauses in settlement agreements. It seeks to evaluate their historical evolution, current applications, and potential reforms to strike a balance between privacy, transparency, and justice. The study will propose actionable recommendations to ensure ethical practices and safeguard public interest without undermining the efficiency of settlement mechanisms.

KEYWORDS: Confidentiality Clauses, Settlement Agreements, Ethics, Transparency, Legal Reforms, Public Interest

INDIAN FEDERALISM- CHALLENGES AND PERSPECTIVES

AUTHOR – HARSHAWARDHAN DHANANJAY DIXIT, DECCAN EDUCATION SOCIETY’S SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – HARSHAWARDHAN DHANANJAY DIXIT, INDIAN FEDERALISM- CHALLENGES AND PERSPECTIVES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 220-231, APIS – 3920 – 0001 & ISSN – 2583-2344.

(Catchy line) “Strength in Diversity: The Story of Indian Federalism”

(History)Indian federalism is a remarkable experiment in managing one of the most diverse countries in the world. Rooted in the Government of India Act, 1935, and shaped by the vision of the Constitution of 1950, it was designed to balance the need for unity with respect for regional identities. Unlike other federal systems like the U.S., India’s model is “quasi-federal,” giving the central government more power to hold the country together amidst its linguistic, cultural, and geographical diversity.(Present Status) Today, Indian federalism faces real challenges. Disputes between the center and states over legislative and financial powers are growing. States are demanding more autonomy, and regional inequalities continue to widen. Additionally, the rise of coalition politics has made federal decision-making more complex, requiring cooperation rather than confrontation.(Research Problem) This research seeks to explore whether the current federal structure is strong enough to meet these challenges or if reforms are needed. (Hypothesis)The hypothesis suggests that promoting cooperative federalism—where the center and states work together in harmony—can create a more balanced and effective system.(Possible Reforms)Reforms like revisiting the division of powers in the Constitution, ensuring fair distribution of resources, and creating better platforms for dialogue between the center and states could help address these issues. Strengthening financial independence for states and addressing regional disparities are also critical steps toward a more united and equitable India.(Aim and objective The aim is to evaluate the successes and limitations of Indian federalism in addressing today’s challenges. The objective is to find ways to ensure the system evolves to meet the aspirations of a growing and diverse nation.

Keywords: Indian federalism, center-state relations, diversity, constitutional reforms

STUDY OF CONCEPT OF MORALITY AS IMPORTANT FACET OF NATURAL LAW THEORY

AUTHOR – RAIBHAN S. KATKAR, LLM STUDENT AT SHRI NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – RAIBHAN S. KATKAR, STUDY OF CONCEPT OF MORALITY AS IMPORTANT FACET OF NATURAL LAW THEORY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 213-219, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

“Morality is necessary when spirituality is absent” The concept of morality is pivotal in understanding Natural Law Theory, which posits that law should reflect inherent moral principles. This paper explores the interplay between morality and legal norms within this theoretical framework, tracing its historical roots, current relevance, and potential implications for legal practice. The foundations of Natural Law Theory can be traced back to ancient philosophers like Aristotle, who emphasized the connection between ethics and law. In the medieval period, thinkers like Aquinas further articulated this relationship, arguing that laws must align with moral truths. Over centuries, the theory has evolved, influencing legal systems and ethical discourse. Today, Natural Law Theory remains a significant topic in legal philosophy, especially as societies grapple with moral dilemmas arising from technological advancements and globalization. Contemporary debates often center on the applicability of natural law in modern legal frameworks, questioning the extent to which moral considerations should inform legislation. This study examines morality as a crucial aspect of Natural Law Theory, asserting that legal systems must account for ethical dimensions to ensure justice and social order. It delves into how moral principles can inform legal interpretations and applications, fostering a more holistic understanding of law. The primary challenge is determining the role of morality in contemporary legal systems. Many jurisdictions struggle to reconcile positive law with moral considerations, leading to conflicts and inconsistencies in legal outcomes. Integrating moral principles into legal frameworks enhances the legitimacy and effectiveness of laws, fostering a more just society. Reforms may involve establishing guidelines for moral evaluation in legal decision-making and promoting interdisciplinary dialogue between legal and ethical scholars. This paper aims to critically assess the relationship between morality and Natural Law Theory, explore its implications for current legal practices, and propose recommendations for integrating moral considerations into law.

Keywords: Natural Law Theory, Morality, Legal Philosophy, Ethics, Justice, Legal Systems, Moral Principles.

QUEERING THE CONSTITUTION: REDEFINING FAMILY AND CIVIL UNION IN M.A. V. STATE OF SUPERINTENDENT OF POLICE

AUTHOR – JEYAMURUGAN S & NANDHINI PRIYA S P

ASSISTANT PROFESSORS FROM BHARATH INSTITUTE OF LAW

BEST CITATION – JEYAMURUGAN S & NANDHINI PRIYA S P, QUEERING THE CONSTITUTION: REDEFINING FAMILY AND CIVIL UNION IN M.A. V. STATE OF SUPERINTENDENT OF POLICE, LIBERTY, AND EQUALITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 208-212, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

A recent Madras High Court judgment marks a pivotal shift in Indian constitutional jurisprudence by affirming that same-sex relationships are valid, constitutionally protected choices. Rejecting familial coercion and reiterating the importance of liberty, dignity, and self-determination under Article 21, the Court’s decision in a habeas corpus case supported an adult woman’s right to choose her spouse. The Court made a significant shift from conventional, heteronormative notions of family. It acknowledged homosexual unions and other consensual, non-marital partnerships as equally worthy of constitutional protection. It did this by making the law more relatable and by actively addressing issues of language, identity, and lived reality.
By extending the definition of family beyond biological and marital relationships, the ruling questions established legal frameworks and requires that state institutions especially the police support individual autonomy rather than stifle it. This case demonstrates a transformational constitutional approach, reaffirming the need to protect and uphold individual liberty and choice partnerships in a pluralistic democracy. It forces us to reevaluate how the law views partnerships, families, and the responsibility of the state in defending individual liberties.

Keywords: LGBTQIA+ Rights, Habeas Corpus, Chosen Family, Constitutional Morality, Same-Sex Relationship, Right to Personal Liberty.

NATURAL LAW IN INDIAN CONSTITUTIONALISM: THE JURISPRUDENTIAL FOUNDATIONS OF JUSTICE, LIBERTY, AND EQUALITY

AUTHOR – SRIDAR BALAJI S, STUDENT AT KMC COLLEGE OF LAW

BEST CITATION – SRIDAR BALAJI S, NATURAL LAW IN INDIAN CONSTITUTIONALISM: THE JURISPRUDENTIAL FOUNDATIONS OF JUSTICE, LIBERTY, AND EQUALITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 203-207, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Natural law theory asserts that certain rights are inherent to human existence, arising from universal moral principles rather than being solely the product of legislative enactments. This paper explores the integration of natural law ideals into the Indian constitutional framework, demonstrating how justice, liberty, and equality—enshrined in the Preamble, Fundamental Rights, and Directive Principles—draw upon this philosophical tradition. Through an examination of key judicial decisions, it analyses how the Supreme Court of India has applied natural law reasoning to interpret and expand constitutional rights. The study also addresses criticisms and the need for a balanced approach that respects both moral ideals and democratic processes. In addition to jurisprudential analysis, this research situates the Indian experience within global debates and existing scholarly literature, offering a comprehensive understanding of natural law in constitutionalism.

“LEGITIMACY OF DIGITAL SIGNATURES AND E-CONTRACTS IN INDIA”

AUTHOR – MANASI SHEKHAR INAMDAR, D.E.S. SHRI NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – MANASI SHEKHAR INAMDAR, “LEGITIMACY OF DIGITAL SIGNATURES AND E-CONTRACTS IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 194-202, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

 “Digital signature And E- contracts: Securing trust in a paperless world.”In India, the legitimacy of digital signatures and e-contracts was established with the enactment of the Information Technology Act, 2000, which recognized electronic records and digital signatures as legally valid. This is similar to the traditional paper-based contracts.  Digital Legitimacy of digital signatures and e- contracts in India is that they are legally valid and enforceable under the Information Technology Act, 2000, which grants electronic records and legal status as traditional signatures. The Indian Contract Act, 1872, and the Indian Evidence Act, 1872, also recognize the validity of e- contracts and digital signatures, making them crucial part of India’s digital economy.In India, e-contracts and digital signatures are legally recognized under the Information Technology Act, 2000. They are enforceable like physical signatures, provided they meet authentication standards, ensuring security, authenticity, and legal validity in electronic transactions.Research on the legitimacy of digital signatures and e-contracts in India faces challenges related to ensuring uniformity in legal recognition across various jurisdictions and industries. Additionally, concerns over the security, privacy, and potential for fraud in digital transactions continue to hamper the full acceptance and trust in these electronic systems.Technological advancements and security measures enhance the legitimacy of digital signatures in Indian e-contracts.Possible reforms for digital signatures and e-contracts in India may include stronger cybersecurity measures, broader legal recognition of new technologies, simplified compliance, improved global interoperability, and enhanced dispute resolution to ensure greater trust, security, and efficiency in digital transactions.The researcher has under taken the subject to critically examine the legitimacy of digital signatures and e- contracts in India, with a focus on their legal, social, and economic implications.

Key Words – Cross- border digital transactions, Digital Signatures, E- contracts, Electronic Records, Information Technology Act, 2000, Security Protocols.