Author: PRASANNASRI26092001

“JUDICIAL ACTIVISM AND THE DOCTRINE OF SEPARATION OF POWERS: A CONSTITUTIONAL PERSPECTIVE”

AUTHOR- ANIMESH PANDEY* & MS. MANASVI AGRAWAL**

* STUDENT AT AMITY LAWS SCHOOL, AMITY UNIVERSITY LUCKNOW, UTTAR PRADESH

** ASSISTANT PROFESSOR OF AMITY LAWS SCHOOL, AMITY UNIVERSITY LUCKNOW, UTTAR PRADESH

BEST CITATION – ANIMESH PANDEY & MS. MANASVI AGRAWAL, “JUDICIAL ACTIVISM AND THE DOCTRINE OF SEPARATION OF POWERS: A CONSTITUTIONAL PERSPECTIVE”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 686-698, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT: –

The doctrine of judicial activism, specifically in relation to the separation of powers, is an important aspect of constitutional law that has developed through the active interaction between the Judiciary, Legislature, and Executive. The paper discusses the balance and tension between judicial activism and the constitutional principle of separation of powers in democratic governments, with specific reference to India. Judicial activism, while necessary in the defense of fundamental rights and remedy for legislative or executive inaction, tends to create apprehensions about judicial overreach and erosion of the autonomy of other branches of government. The paper examines the historical development of the doctrine of separation of powers and how the Judiciary has interpreted and applied this principle in resolving issues of governance, public interest, and constitutional interpretation. Through an analysis of milestone cases, judicial principles, and the effect of judicial intervention on public policy, this research emphasizes the importance of a fine balance between judicial activism and the maintenance of democratic constitutional frameworks. In addition, the paper addresses the changing role of the Judiciary in protecting the Constitution and ensuring that governance is responsive to the people’s needs without compromising the functions of the other constitutional bodies.

KEYWORDS:                                   

Judicial Activism, Separation of Powers, Constitutional Law, Judicial Review, Public Interest Litigation (PIL), Indian Constitution

MISLEADING ADVERTISEMENT AND CONSUMER PROTECTION IN INDIA IN COMPARISON WITH USA AND UK

AUTHOR – GURDEV KAUR, STUDENT, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND

BEST CITATION – GURDEV KAUR, MISLEADING ADVERTISEMENT AND CONSUMER PROTECTION IN INDIA IN COMPARISON WITH USA AND UK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 677-685, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Misleading advertising poses serious danger to market equity, consumer rights, and the overall integrity of business. This article reports on the phenomenon of deceptive advertising, examines its most prevalent forms such as false presentation, exaggeration of benefits, and hidden charges. It cites the harmful implications on consumers such as financial loss, erosion of trust, and impaired choices. The controversy is extended to global consumer protection law and the role of such regulatory bodies as the Federal Trade Commission (FTC), Advertising Standards Authority (ASA), and India’s Central Consumer Protection Authority (CCPA) in limiting such practices. Further, it outlines available remedies under the law, penalties to be imposed upon offenders, and recent enforcement proceedings. Despite such safeguards, enforcement issues—most notably in the digital advertising platform and cross-border contexts—remains a lingering concern. The article emphasizes the imperative need for consumer education and online literacy as ancillary tools in identifying and countering misleading advertisements. Finally, it advocates more stringent regulations, ethical advertising, and engaged consumer involvement to make the advertising space transparent and credible.

Keywords: Misleading Advertisement, Consumer Protection, FTC, ASA, CCPA, Consumer Protection Act 2019, Consumer Rights

SUSTAINABLE DEVELOPMENT GOALS AND MODERN CRIMES

AUTHORS – P.GOKULAPRIYA* & M. NIRMALA**

* GUEST FACULTY AT GOVERNMENT LAW COLLEGE, SALEM

** ASSISTANT PROFESSOR AT GOVERNMENT LAW COLLEGE, TRICHY

BEST CITATION – P.GOKULAPRIYA & M. NIRMALA, SUSTAINABLE DEVELOPMENT GOALS AND MODERN CRIMES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 670-676, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

              In 2015, the United Nations recognized the Sustainable Development Goals (SDGs) as a globally accepted framework for tackling critical social, environmental, and economic challenges. However, the growth of modern crimes like cybercrime, human trafficking, fraud, and environmental offenses presents major obstacles to achieving these goals.

               Modern crimes threaten the SDGs in various ways. For instance, cybercrime weakens institutions (SDG 16: Peace, Justice, and Strong Institutions) and disrupts economic stability (SDG 8: Decent Work and Economic Growth). Human trafficking exploits vulnerable groups, violating basic human rights (SDGs 5: Gender Equality, SDG 8, and SDG 16). Corruption erodes public trust and hampers efforts to eliminate poverty (SDG 1: No Poverty) and reduce inequality (SDG 10). Environmental crimes, such as illegal deforestation and pollution, directly affect SDGs 13 (Climate Action), 14 (Life Below Water), and 15 (Life on Land).

               To address these threats, governments, businesses, and civil society must collaborate to enforce laws, enhance cybersecurity, promote transparency, and advance education. International cooperation is essential to combat transnational crimes and ensure justice. Integrating crime prevention strategies into the SDG framework is vital for achieving a sustainable and secure future.

               By addressing modern crimes through sustainable policies and effective law enforcement, societies can ensure progress towards the SDGs while fostering peace, prosperity, and environmental preservation.

KEY WORDS:   United Nations, Sustainable Development Goals, Millennium Development Goals, Contemporary Crimes, Cybercrime, Human Trafficking, and Environmental Offenses.

RIGHTS OF OLDER CITIZENS IN INDIA: A SOCIO-LEGAL STUDY

AUTHOR: – JYOTIKA* & KHALEEQ AHMAD**

* STUDENT AT B.A.LL.B. (H), LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL – JYOTIKAMAHAWAR99@GMAIL.COM

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL – KHALEEQAHMAD@UTTARANCHALUNIVERSITY.AC.IN

BEST CITATION – JYOTIKA & KHALEEQ AHMAD, RIGHTS OF OLDER CITIZENS IN INDIA: A SOCIO-LEGAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 660-669, APIS – 3920 – 0001 & ISSN – 2583-2344.,

Abstract

“An investigation into the socio-legal framework that governs the rights of senior persons in India is the focus of this study. There are considerable hurdles that India must overcome in order to ensure the well-being of its senior citizens, since the country’s population is rapidly ageing and is expected to reach 319 million old by the year 2050. Through the course of this research, constitutional provisions, legislative frameworks, policy efforts, and judicial interventions that are intended to safeguard the rights of the elderly are analysed. In addition, it investigates the sociocultural background of ageing in India, including the deterioration of conventional family support networks and the emergence of vulnerabilities. This report suggests comprehensive changes to increase the protection of aged rights in India. These reforms are proposed through critical examination of implementation gaps and comparative comparison with international norms. According to the results, India has developed a progressive legislative framework; nevertheless, there are still substantial problems in effectively implementing this framework. In order to build a society that is more age-inclusive, it is necessary to coordinate efforts across the governmental, social, and family domains.”

Keywords: Elderly rights, Senior citizens, Aging in India, Constitutional provisions, Maintenance and Welfare of Parents and Senior Citizens Act, Elder abuse, Age discrimination

BATTERED WOMEN SYNDROME IN INDIAN LEGAL CONTEXT: A LEGAL ANALYSIS

AUTHOR: – ISHITA CHAUHAN* & KHALEEQ AHMAD**

* STUDENT AT B.A.LL.B. (H), LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL – DDN.ISHITA@GMAIL.COM

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL – KHALEEQAHMAD@UTTARANCHALUNIVERSITY.AC.IN

BEST CITATION – ISHITA CHAUHAN & KHALEEQ AHMAD, BATTERED WOMEN SYNDROME IN INDIAN LEGAL CONTEXT: A LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 651-659, APIS – 3920 – 0001 & ISSN – 2583-2344.,

Abstract

“The purpose of this research study is to investigate the legal recognition and application of Battered Women Syndrome (BWS) within the Indian court system. The idea of battered woman syndrome (BWS) is still not sufficiently recognised in Indian law, despite the fact that there have been considerable developments in the fight against domestic abuse through legislation such as the Protection of Women from Domestic abuse Act, 2005. This study examines key instances that have sought to establish BWS as a legal defence, investigates the obstacles that are associated with its application, and proposes revisions that will better accommodate this syndrome within India’s legal structure. In the paper, the author argues for a more nuanced understanding of self-defence in situations like these, highlighting the need of judicial acknowledgement of the psychological impact that prolonged abuse has on women who turn to lethal violence against their abusers.”

Keywords: Battered Women Syndrome, Indian legal System, Self-defense, Domestic Violence, Criminal Law Reform

BALANCING RIGHTS AND STATE INTERVENTION: MINORITY INSTITUTIONS IN INDIAN JUDICIAL DISCOURSE

AUTHOR: – KAMAL NAYAN* & KHALEEQ AHMAD**

* STUDENT AT B.A.LL.B. (H), LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL – URKAMALNAYAN@GMAIL.COM

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL – KHALEEQAHMAD@UTTARANCHALUNIVERSITY.AC.IN

BEST CITATION – KAMAL NAYAN & KHALEEQ AHMAD, BALANCING RIGHTS AND STATE INTERVENTION: MINORITY INSTITUTIONS IN INDIAN JUDICIAL DISCOURSE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 643-650, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

India’s Constitution allows minority groups to kickstart and look after their own education places, all thanks to Article 30(1). The idea is to keep their culture and education rights in good shape. But hold up, they can’t just do whatever they want. There’s a fine line where their rights meet the government’s rules. It’s all about mixing personal rights with the people’s best interests. Indian courts have been super important in figuring out where to draw this line. They’ve made some big decisions, like T.M.A. Pai Foundation v. State of Karnataka in 2002, P.A. Inamdar v. State of Maharashtra in 2005, and St. Stephen’s College v. University of Delhi in 1992. The big guys at the Supreme Court were trying to get a handle on what’s okay for minority groups while making sure the government gets to step in for stuff like fairness, openness, and good-quality learning. The article dives into how the judges deal with the push and pull between leaving minority groups alone and having the government step in. They look at things like making sure nobody gets left out making schools awesome, and keeping them honest. The courts stick up for minority rights but they also say it’s cool for the government to set some rules so everything stays fair and square in schools and nobody gets taken advantage of. Watching the laws change over time shows they care about having a varied community but still want to hit those social justice targets set out by the Constitution.

This peek at what the judges are saying and how they’re thinking about it shows there’s always a bit of give and take between our basic rights and what’s good for everybody. It’s tricky for minority schools to do their thing with more and more government looking over their shoulder. At the end of the day, the Indian judges play a huge part in making sure we all get our freedom without dropping the ball on what we owe to each other. And that’s what keeps democracy rocking in India.

KEYWORDS: Minority institutions, Article 30, Indian judiciary, state regulation, educational rights, constitutional law, pluralism.

ENVIRONMENTAL OBLIGATIONS AND LIABILITY IN THE CONSTRUCTION OF ARTIFICIAL ISLANDS: A COMPARATIVE INTERNATIONAL LAW APPROACH

AUTHOR – SHRUTI MISHRA, STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

BEST CITATION – SHRUTI MISHRA, ENVIRONMENTAL OBLIGATIONS AND LIABILITY IN THE CONSTRUCTION OF ARTIFICIAL ISLANDS: A COMPARATIVE INTERNATIONAL LAW APPROACH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 633-642, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

“This article takes a look at the environmental legal frameworks that regulate the development of artificial islands in a number of different jurisdictions. Significant environmental issues are emerging as a result of governments’ increased pursuit of territorial expansion and growth through the creation of artificial islands. These challenges put the boundaries of current international and local legal systems to the point of being tested. The purpose of this research is to identify gaps in the existing regulatory systems by conducting a comparative analysis of domestic laws, international treaties, and case law. Additionally, the research provides integrated solutions that strike a compromise between the goals of development and environmental preservation. According to the findings, there are now a number of obstacles that prevent efficient environmental governance of artificial island projects. These obstacles include jurisdictional issues, uneven liability systems, and tough enforcement problems. This paper makes a contribution to the academic debate by putting up a unified international framework that takes into account the one-of-a-kind environmental consequences that manmade islands have across international borders while still honouring the sovereignty of individual nations.”

Keywords: artificial islands, environmental law, international maritime law, environmental liability, UNCLOS, transboundary pollution, coastal development

DOUBLE TAXATION TREATIES AND THEIR ECONOMIC IMPACT

AUTHOR – ARUSHI SONKER* & DR. DEVENDRA SINGH**

* STUDENT AT AMITY LAW SCHOOL, NOIDA

** PROFESSOR AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – ARUSHI SONKER & DR. DEVENDRA SINGH, CONSTITUTIONAL CONVENTIONS: AN EXPLORATORY STUDY IN THE LIGHT OF INDIAN CONSTITUTION SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 617-632, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Double taxation occurs when income is taxed in two different jurisdictions, creating financial and administrative burdens for taxpayers. To address this issue, countries enter into Double Taxation Avoidance Agreements (DTAAs) to eliminate or reduce tax liabilities on cross-border income. This research paper explores the economic impact of DTAAs, with a specific focus on [US, UK, India, Singapore], analyzing their role in foreign direct investment (FDI), trade growth, and tax compliance. The study evaluates treaty benefits, challenges such as tax treaty abuse, and policy recommendations to optimize their effectiveness.

Key words:- DTAA, FDI ,OECD, ITC

CONSTITUTIONAL CONVENTIONS: AN EXPLORATORY STUDY IN THE LIGHT OF INDIAN CONSTITUTION SYSTEM

AUTHOR – NITIN SHARMA* & DR. SANTOSH KUMAR**

* STUDENT AT AMITY LAW SCHOOL, NOIDA

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – NITIN SHARMA & DR. SANTOSH KUMAR, CONSTITUTIONAL CONVENTIONS: AN EXPLORATORY STUDY IN THE LIGHT OF INDIAN CONSTITUTION SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 610-616, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper examines the idea of constitutional conventions within the framework of the Indian Constitution, highlighting their importance in the functioning of the political system. Although unwritten and often overlooked, constitutional conventions are crucial for guiding the behaviour of constitutional actors and facilitating smooth governance. The study provides a comprehensive analysis of these conventions, including their definitions and key characteristics that distinguish them from formal laws and constitutional provisions. It also highlights the needs of these conventions in promoting flexibility and adaptability within the constitutional framework while underscoring their crucial role in upholding democratic principles. By analysing significant instances of constitutional conventions in India, the paper demonstrates their practical impact on governance. Additionally, it discusses the judiciary’s role in interpreting these conventions, illustrating how court decisions can influence their understanding and application in the Indian context. This exploratory study aims to provide a nuanced perspective on constitutional conventions and their influence on the Indian political system.

Key words: Constitutional Conventions, Unwritten Rules, Democratic Principles, Judicial Interpretation, Constitutional Morality

“AN IMPACT OF GST ON GENERAL PUBLIC”

AUTHORS – K.ARUN KUMAR* & M.NIRMALA**

* LL.B STUDENT AT GOVERNMENT LAW COLLEGE TRICHY

** ASSISTANT PROFESSOR AT GOVERNMENT LAW COLLEGE TRICHY

BEST CITATION – K.ARUN KUMAR & M.NIRMALA, “AN IMPACT OF GST ON GENERAL PUBLIC”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 1058-1062, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract :

In this article, the author analyzed “an impact of GST on general public”. GST expands for “Goods and Services Tax”. It will help the Indian economy’s growth by the way of reducing multiple taxes such as Value Added Tax(VAT), Sales tax, Service tax, Excise duty etc,…all as to combined into one simple tax, that is the GST, “One Nation One Tax”. GST will replace all the indirect tax levied on Goods and Services by Central government as well as State government. GST will have both pros and cons of impact the day to day life of general public. The burden on GST filing is to file a return on time without any delay but the procedure of filing is huge process and most of that handle only tax professionals and rest of less individuals are not aware of it. GST has created a positive impact on consumer and in other side if the difference of old and new rate was huge, the consumers is in the loosing point. The paper is based on primary and secondary data resources which were collected from general public, articles and authorized websites.

Keywords: GST, One Nation One Tax, GST Filing, Indirect Taxes.