Author: PRASANNASRI26092001

  • HISTORICAL ANALYSIS OF PRINCIPLES OF PROGRESSION ON SALARIED PERSONS: POLICY PERCEPTION A STANDARD SHIFT

    HISTORICAL ANALYSIS OF PRINCIPLES OF PROGRESSION ON SALARIED PERSONS: POLICY PERCEPTION A STANDARD SHIFT

    AUTHOR – ABHIN BEHL, STUDENT AT AMITY LAW SCHOOL, NOIDA

    BEST CITATION – ABHIN BEHL, HISTORICAL ANALYSIS OF PRINCIPLES OF PROGRESSION ON SALARIED PERSONS: POLICY PERCEPTION A STANDARD SHIFT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 872-877, APIS – 3920 – 0001 & ISSN – 2583-2344.

    Tax as an Instrument of Fiscal Policy

    The crucial purpose of tax structure is to increase profits in a proficient and equitable way.3 Taxes finance government to perform basic roles and help as an instrument of social and economic advancement.4 One of the opinions emphasizes that plummeting disparities of income can be done via taxation by relocation of buying ability from wealthy to the weak.5 Progression by the poor via assenting national act and tumbling the tremendous remunerations of the wealthy by impressive maxima and curbing superfluous retributions through taxes is favor by this view.6 The tax policy must target at the idea of substantial equity and highest well-being even though both may not be optimally achieved simultaneously.7 In India, government has used taxation to attain several socio- fiscal objectives.8 Financial policy similar to any other policy derives its meaning and direction from the ambitions and objectives of the society under which it functions and the individuals whom it assists.9 Evolution and societal integrity are the key notes of the goal line of development in India and it can be accomplished by restructuring of buying ability and the deplete of progressive taxation by way of a tool presumed prominent among purposes established into Five Year Plans.10

  • EXPLOITATION OF WORKERS THROUGH UNFAIR EMPLOYMENT CONTRACTS AND FORCED LABOR

    EXPLOITATION OF WORKERS THROUGH UNFAIR EMPLOYMENT CONTRACTS AND FORCED LABOR

    AUTHOR – HARSH PETNNA, STUDENT AT AMITY UNIVERSITY MAHARASTRA, MUMBAI

    BEST CITATION – HARSH PETNNA, EXPLOITATION OF WORKERS THROUGH UNFAIR EMPLOYMENT CONTRACTS AND FORCED LABOR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 878-889, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    This research examines worker exploitation through unfair contracts, wage theft, forced labor, and coercive practices, particularly affecting vulnerable groups like migrants, women, and low-skilled workers. Driven by poverty, weak legal protections, and corporate cost-cutting, these abuses persist due to global supply chains, informal economies, and inadequate enforcement. Unscrupulous recruitment agencies, deceptive employment practices, and a lack of legal awareness further entrench exploitation, leaving workers powerless to improve their conditions. By analyzing international conventions, domestic labor laws, and corporate policies, this study highlights regulatory gaps and the failure of enforcement mechanisms that allow these injustices to continue. It examines the role of multinational corporations, labor unions, and government agencies in addressing these challenges and emphasizes the urgent need for reform. The study advocates for greater transparency in supply chains, ethical recruitment, fair wages, and stronger legal frameworks to hold employers accountable.

    Ultimately, this research underscores the importance of collective action—by governments, businesses, and civil society to end exploitative labor practices and ensure fair treatment, dignity, and justice for all workers.

  • CHALLENGES IN CORPORATE ACCOUNTABILITY FOR ENVIRONMENTAL DAMAGE

    CHALLENGES IN CORPORATE ACCOUNTABILITY FOR ENVIRONMENTAL DAMAGE

    AUTHOR – VIJAY BAJPAI* & MS. PRIYANKA GUPTA**

    * STUDENT AT AMITY LAW SCHOOL, NOIDA

    ** ASSISTANT PROFESSOR, AMITY UNIVERSITY, NOIDA

    BEST CITATION – VIJAY BAJPAI & MS. PRIYANKA GUPTA, CHALLENGES IN CORPORATE ACCOUNTABILITY FOR ENVIRONMENTAL DAMAGE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 62-77, APIS – 3920 – 0001 & ISSN – 2583-2344.

    1. Introduction

    Corporate liability for environmental degradation has evolved into one of the most pressing issues in legal, economic, and social terms at the present time. Fast unescapable and highly serious in the long run are the unfolding practical consequences of environmental degradation, mostly through corporate activities, on ecosystems, biodiversity, and human health. Although there has been improvement in developing the legal frameworks and regulations for the redress of environmental harm, there is still significant inertia in corporate accountability in creating or worsening any environmental degradation incidents. This gaping hole in legal accountability keeps up the cycle of corporate irresponsibility and environmental damage with public suffering.[1]


    [1] “Philippe Sands, Principles of International Environmental Law 202 (Cambridge University Press, Cambridge, 3rd edn., 2018).”

  • A COMPREHENSIVE STUDY OF THE MATERNITY BENEFIT ACT, 1961: ORIGIN, AMENDMENTS, AND IMPACT ON WORKING MOTHERS IN INDIA

    A COMPREHENSIVE STUDY OF THE MATERNITY BENEFIT ACT, 1961: ORIGIN, AMENDMENTS, AND IMPACT ON WORKING MOTHERS IN INDIA

    AUTHOR – NIKITA SHARMA, AMITY LAW SCHOOL, AMITY UNIVERSITY MAHARASTRA

    BEST CITATION – NIKITA SHARMA, A COMPREHENSIVE STUDY OF THE MATERNITY BENEFIT ACT, 1961: ORIGIN, AMENDMENTS, AND IMPACT ON WORKING MOTHERS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 49-61, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    This paper looks at how the Maternity Benefit Act, 1961 has evolved over time and what kind of difference it has made for working women in India. One of the biggest turning points for the Act came in 2017, when it was amended to provide stronger protections. The most notable change was increasing paid maternity leave from 12 weeks to 26 weeks. Additionally, larger companies were required to set up crèche (childcare) facilities, and work-from-home options were introduced in certain cases. The amendment also ensured maternity benefits for adoptive and commissioning mothers. While these improvements were widely seen as progressive, they did create challenges—especially for smaller businesses that had to manage the additional financial burden1.

    This paper doesn’t just look at the history of the Act and how its provisions have changed, but also evaluates how effective it has been in practiceWhile the Act is a positive step on paper, challenges still exist, particularly in private-sector jobs and unorganized industries where enforcement is weak.

    The research draws on legal texts, court cases, government reports, and expert opinions to provide a balanced view of where the Maternity Benefit Act stands today—its successes, its shortcomings, and areas that need improvement. Overall, while the Act and its 2017 amendment are important milestones for workplace gender equality, there’s still work to be done to ensure that every woman, regardless of where she works, gets the support she needs during maternity.

    KEYWORDS: Maternity Benefit Act,1961, Maternity Benefit (Amendment) Act, 2017, Working Mothers, Women in the Workforce, Maternity Leave Policy, Labour Legislation in India, Workplace Gender Equality, Employee Rights, Work Life Balance

  • CRM AND CUSTOMER RETENTION IN SUBSCRIPTION-BASED MODELS

    CRM AND CUSTOMER RETENTION IN SUBSCRIPTION-BASED MODELS

    AUTHOR – SHIKHA BHARTI, AMITY SCHOOL OF BUSINESS, AMITY UNIVERSITY, NOIDA, UTTAR PRADESH

    BEST CITATION – SHIKHA BHARTI, CRM AND CUSTOMER RETENTION IN SUBSCRIPTION-BASED MODELS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 25-48, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    Subscription-based business models have emerged as a disruptive force in today’s corporate landscape, changing paradigms for revenue generation and customer contact strategies. This paper examines the multifaceted phenomenon of subscription-based business models, examining how they have emerged in many industries and their impact on income predictability and client retention that is revolutionary. Through a careful examination of customer behaviour, technology enablers, benefits beyond ownership, loyalty-building strategies, and revenue metrics, this study uncovers the mechanisms underlying the success of subscription models. Using mini-case studies from a variety of industries, the study focusses on strategies that increase customer loyalty, reduce attrition, and give businesses a consistent flow of revenue. The paper also discusses the difficulties in maintaining subscriber engagement and adds to a comprehensive understanding of subscription-based models’ capability to establish long-lasting client connections and guarantee income stability across a range of sectors by connecting theoretical ideas with practical facts.

  • NAVIGATING TURBULENCE: UNLOCKING SUCCESS AMID CHANGE MANAGEMENT HURDLES FOR INDIAN START-UPS

    NAVIGATING TURBULENCE: UNLOCKING SUCCESS AMID CHANGE MANAGEMENT HURDLES FOR INDIAN START-UPS

    AUTHOR – RAGHAV AGGARWAL, STUDENT AT AMITY SCHOOL OF BUSINESS, AMITY UNIVERSITY, UTTAR PRADESH

    BEST CITATION – RAGHAV AGGARWAL, NAVIGATING TURBULENCE: UNLOCKING SUCCESS AMID CHANGE MANAGEMENT HURDLES FOR INDIAN START-UPS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 01-24, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    Startup India is the name of a significant government initiative in India that supports innovation and fosters entrepreneurship. In its drive to boost entrepreneurship, economic growth, and employment across India, the government plans to assist new firms. India’s startup ecosystem has drawn interest from around the world. Recently, the business world has witnessed an explosion of innovative startups providing widespread answers to real problems since hundreds of young entrepreneurs chose this path rather than joining multinational corporations and government programs.

    The article discusses some of the issues and challenges that an Indian startup must face as well as the possibilities that the country may provide in the present economic environment.

  • COMPULSORY PRE-LITIGATION MEDIATION IN COMMERCIAL DISPUTES: A CRITICAL STUDY OF THE COMMERCIAL COURTS ACT, 2015

    COMPULSORY PRE-LITIGATION MEDIATION IN COMMERCIAL DISPUTES: A CRITICAL STUDY OF THE COMMERCIAL COURTS ACT, 2015

    AUTHOR – PRIYANKA GANGULY* & DR. RAJVARDHAN**

    * PH.D. (LAW) RESEARCH SCHOLAR AT SCHOOL OF LAW & JURISPRUDENCE, SHRI VENKATESHWARA UNIVERSITY, GAJRAULA, U.P.

    ** ASSISTANT PROFESSOR AT SCHOOL OF LAW & JURISPRUDENCE, SHRI VENKATESHWARA UNIVERSITY, GAJRAULA, U.P.

    BEST CITATION – PRIYANKA GANGULY & DR. RAJVARDHAN, COMPULSORY PRE-LITIGATION MEDIATION IN COMMERCIAL DISPUTES: A CRITICAL STUDY OF THE COMMERCIAL COURTS ACT, 2015, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 869-877, APIS – 3920 – 0001 & ISSN – 2583-2344.

    I. Abstract

    This paper critically examines the provisions of the Commercial Courts Act, 2015 (CCA), particularly focusing on its mandate of compulsory pre-litigation mediation in commercial disputes. As India’s commercial litigation landscape grapples with case backlogs and prolonged delays, the CCA seeks to institutionalize mediation as a cost-effective, efficient, and amicable alternative dispute resolution (ADR) mechanism. This study evaluates the statutory framework under Section 12A of the Act, the role of mediation institutions, and the judicial approach towards enforcing pre-institution mediation. Through a doctrinal legal research methodology supplemented with a comparative analysis of international best practices from jurisdictions like the United States, European Union, Singapore, and Australia, this paper identifies both the merits and operational challenges of the compulsory mediation framework in India. It highlights key issues such as legal awareness, mediation infrastructure, enforceability of outcomes, and resistance from litigants. Empirical insights from Indian and international experiences, alongside relevant case studies, are integrated to assess the practical effectiveness of this mechanism. Finally, the paper proposes recommendations to strengthen the pre-litigation mediation framework and align it more closely with global standards, emphasizing the need for institutional support, mediator training, legislative clarity, and enhanced awareness among commercial litigants.

    Keywords: Commercial Courts Act, 2015, Pre-Litigation Mediation, Commercial Disputes, Alternative Dispute Resolution, Mediation in India, Legal Reforms, Dispute Settlement Mechanisms.

  • FIRST INFORMATION REPORT IN INDIA

    FIRST INFORMATION REPORT IN INDIA

    AUTHOR – YASHIKA SINGH, STUDENT AT SOL J&G, GAUTAM BUDDHA UNIVERSITY, GREATER NOIDA

    BEST CITATION – YASHIKA SINGH, FIRST INFORMATION REPORT IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 863-868, APIS – 3920 – 0001 & ISSN – 2583-2344.

    Abstract

    The First Information Report (FIR) plays a critical role in India’s criminal justice system, as it is the document that formally begins a police investigation into a cognizable offence. Anticipating its treatment under the 1973 Code of Criminal Procedure, Section 154 thereof, the FIR becomes a procedural vestige and a check on accountability and transparency in criminal proceedings. The present paper seeks to analyse the legal framework and procedural intricacies of FIR with the evidentiary value of FIR, types of FIRs and notable judicial pronouncements that have contributed to its application. It further explores the issues of delayed or false FIRs, police inaction, and documents’ digitization. The following paper describes ways to reform the first stage of the criminal justice process through a critical lens so that citizens have adequate access to justice and the police are held accountable for the registration of FIRs and arrests.

    Keywords: First Information Report, Investigation, Cognizable Offence, Criminal Proceedings, Evidentiary Value.

  • “THE BASIC STRUCTURE DOCTRINE AND THE MODERN INDIAN STATE: BETWEEN JUDICIAL REVIEW AND DEMOCRATIC MANDATE”

    “THE BASIC STRUCTURE DOCTRINE AND THE MODERN INDIAN STATE: BETWEEN JUDICIAL REVIEW AND DEMOCRATIC MANDATE”

    AUTHOR – A ANTONY RAJ & PRIYANKA.R

    LLM SCHOLARS AT TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY

    BEST CITATION – A ANTONY RAJ & PRIYANKA.R, “THE BASIC STRUCTURE DOCTRINE AND THE MODERN INDIAN STATE: BETWEEN JUDICIAL REVIEW AND DEMOCRATIC MANDATE”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 853-862 APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    This paper provides an in-depth analysis of the Basic Structure Doctrine, a cornerstone of Indian constitutional law first articulated in the landmark Kesavananda Bharati v. State of Kerala case. It explores how this doctrine limits the amending power of the Parliament by protecting certain inviolable features of the Constitution, such as the rule of law, democracy, secularism, federalism, and judicial independence. The paper also examines the doctrine’s judicial evolution through critical cases including Indira Gandhi v. Raj Narain, Minerva Mills, and Waman Rao, highlighting how courts have expanded and refined the scope of the basic structure to include both constitutional amendments and ordinary legislation when they undermine core constitutional principles.

    In addition, the paper delves into contemporary constitutional controversies to illustrate the continued relevance of the doctrine. It includes the debate over madrasa regulation, where the balance between minority rights and state-imposed educational standards is scrutinized through cases like TMA Pai Foundation, Azmat Ullah, and State of Uttar Pradesh v. Madrasas. A significant part of the discussion also focuses on the Tamil Nadu Governor’s delay in assenting to state legislation, bringing to light the constitutional friction between executive discretion and legislative supremacy. Through these cases, the paper underscores the tension between parliamentary sovereignty and judicial review, and critically assesses concerns over judicial overreach.

    The paper concludes by situating India’s experience within a broader comparative framework, referencing similar doctrines of constitutional limitation in countries like Germany and the United States. It argues that while the basic structure doctrine has been instrumental in safeguarding democracy and preventing authoritarianism, its continued use must be tempered with institutional restraint to maintain a balanced constitutional order.

    Keywords

    Basic Structure Doctrine; Judicial Review; Parliamentary Sovereignty; Governor’s Assent; Minority Educational Institutions; Constitutional Morality; Madrasas Regulation; Federalism; Rule of Law; Separation of Powers; Secularism; Kesavananda Bharati; Tamil Nadu Governor Case; Judicial Overreach; Constitutional Supremacy; NJAC Case; Educational Autonomy; Comparative Constitutional Law.

  • ETHICAL AND LEGAL CHALLENGES IN INDIA’S FORENSIC FRAMEWORK

    ETHICAL AND LEGAL CHALLENGES IN INDIA’S FORENSIC FRAMEWORK

    AUTHOR – ABISHIEKE R* & DR. ANUMEHA SAHAI**

    * STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA

    ** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA

    BEST CITATION – ABISHIEKE R & DR. ANUMEHA SAHAI, ETHICAL AND LEGAL CHALLENGES IN INDIA’S FORENSIC FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 845-852, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    India’s criminal justice system adopts forensic science to support fairness and accuracy. This paper examines the evolving framework and ethical complexities that shape forensic evidence in India. It reviews statutes such as the Evidence Act, detailing expert-opinion provisions, and reforms under the Bharatiya Sakshya Adhiniyam and Bharatiya Nagarik Suraksha Sanhita, and procedures in the Criminal Procedure Code and IT Act that govern the collection and admissibility of scientific and digital evidence. Ethical considerations arise around privacy gaps, sensitive DNA data protection, potential bias from contextual influences, encryption challenges, and cross-border data access in digital forensics. The study highlights infrastructural constraints, laboratory backlogs, shortages of experts, and uneven standards and proposes solutions through enhanced education, NABL accreditation, and the roles of the National Forensic Sciences University and the Directorate of Forensic Science Services. Through analysis of landmark judgments, this research outlines judicial caution and the gradual calibration of evidentiary thresholds. It also explores emerging frontiers like AI-driven analysis, rapid DNA profiling, and advanced biometrics and their ethical ramifications. The paper concludes by endorsing dedicated data-protection legislation for forensic information, an independent regulatory body to enforce uniform protocols, expanded expertise via specialized programs, and targeted public outreach to promote confidence. These measures can develop a strong, ethical, and technology-ready forensic framework that commands trust and delivers justice in India.

    Keywords: Forensic Science, Criminal Justice System, Ethical Complexities, Digital Evidence, Data Protection Legislation