Author: PRASANNASRI26092001

  • THE ROLE OF INTERNATIONAL TRADE LAWS IN SHAPING GLOBAL BUSINESS PRACTICES

    THE ROLE OF INTERNATIONAL TRADE LAWS IN SHAPING GLOBAL BUSINESS PRACTICES

    AUTHOR – J.K.NIVETHA, STUDENT AT SCHOOL OF EXCELLENCE IN LAW (TNDALU), CHENNAI. EMAIL ID: NIVETHA16164107@GMAIL.COM

    BEST CITATION – J.K.NIVETHA, THE ROLE OF INTERNATIONAL TRADE LAWS IN SHAPING GLOBAL BUSINESS PRACTICES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 444-448, APIS – 3920 – 0001 & ISSN – 2583-2344

    Abstract

    International trade regulations have emerged as essential foundations for managing cross-border transactions, creating a structured and secure environment that fosters global commerce. These regulations form the basis of a transparent and predictable international trading system, ensuring that businesses, irrespective of their geographical location, adhere to consistent and mutually recognized standards. Given the complexities of global trade, which involve various countries, cultures, and economic systems, the establishment of such regulations is crucial. International trade laws encompass a broad spectrum of issues, including tariff regulations and intellectual property rights, thereby leveling the playing field for businesses engaged in international trade. This research explores the significant influence of international trade laws on shaping business practices within the global marketplace. By examining critical elements such as legal compliance, business strategy development, and corporate governance, this paper investigates how these laws directly affect decision-making processes in multinational corporations. To remain competitive and compliant, businesses must adapt to these legal frameworks, often evolving their strategies in response to the challenges and opportunities presented by these laws. For instance, trade agreements and international treaties, such as those established by the World Trade Organization (WTO), dictate the rules for dispute resolution, tariff reductions, and trade facilitation, thereby impacting corporate behavior and international collaborations. The research methodology utilized in this study is doctrinal research, which entails a comprehensive analysis of primary legal sources, including international treaties, conventions, and case law. By examining key legal precedents and trade agreements, this paper reveals how legal interpretations and judicial decisions influence corporate strategies and business practices. Furthermore, this study evaluates how businesses utilize these legal frameworks to innovate, adapt to evolving market conditions, and achieve sustainable growth.

    Keywords – International Trade Laws; WTO; Trade Agreements; Business Compliance; Globalization; Free Trade.

  • WOMEN BEHIND BARS: RIGHTS, REFORMS AND REALITIES

    WOMEN BEHIND BARS: RIGHTS, REFORMS AND REALITIES

    AUTHOR – MONIKA PRIYA, RESEARCH SCHOLAR, JRF AWARDEE

    BEST CITATION – MONIKA PRIYA, WOMEN BEHIND BARS: RIGHTS, REFORMS AND REALITIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 434-443, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    This paper deals with prisoners and especially female prisoner their conditions, reform and realities. In today’s world, prisons are seen more of a centers for reforming criminals and not merely as a means of punishment. In the past few decades, the prison population has increased significantly, leading to numerous challenges such as security concern, inadequate healthcare, poor hygiene and overcrowding. Problems with amelioration are becoming more apparent in the context of female prisoners. The comparative analysis of male and female criminal history, which leads to an unfavorable situation for the female prisoner. Female prisoners often face problems with prison infrastructure and the administrative system that largely ignores their gender-specific needs. How women have adapted the men’s prison as gathering prisons tends to not meet the needs of female prisoners and thus the effect on women in the manner of cannabis. Few international agreements have been ratified in need of urgent improvement like the UN General Assembly adopted the Bangkok Rules in 2011, Nelson Mandela Rules etc. This paper is all about the nature of problem faced by women residing in jail, to examine various laws and convention that protects the rights of women prisoners. The role of judiciary and various apex court of countries.

  • A COMPARATIVE ANALYSIS OF EMERGENCY PROVISIONS IN INDIA, USA, UK

    A COMPARATIVE ANALYSIS OF EMERGENCY PROVISIONS IN INDIA, USA, UK

    AUTHOR – LAKSHAY TEOTIA, ASSISTANT PROFESSOR AT AMITY UNIVERSITY NOIDA

    BEST CITATION – LAKSHAY TEOTIA, A COMPARATIVE ANALYSIS OF EMERGENCY PROVISIONS IN INDIA, USA, UK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 427-433, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    An emergency provision is considered as a constitutional provision in India that allow the resident to take certain extraordinary action during times of emergency. The emergency provisions are a vital element of governance, enabling states to act decisively and efficiently in response to crises. This comparative analysis examines how India, the UK, and USA deal with emergencies within their constitutional and legal frameworks.

    In India, the Constitution explicitly outlines three categories of emergencies: National Emergency and state emergency. Each is triggered by specific circumstances – like external aggression, internal disturbances, or financial instability – and grants substantial authority to the central government to ensure national integrity and stability.

    UK, in contrast, doesn’t have a codified constitution. Emergency powers are primarily governed by the Civil Contingencies Act 2004, which provides a legal structure for dealing with major emergencies. The Act enables the government to take necessary action while maintaining accountability through parliamentary review, offering a more adaptable approach to crisis management.

    In the United States, the Constitution does not specifically provide for emergency powers. Instead, such powers are exercised through statutory provisions, notably the National Emergencies Act of 1976. Although the Act mandates periodic reporting to Congress and includes provisions for legislative oversight, in practice, these checks are seldom exercised.

    By comparing these three systems, it becomes evident that each reflects its unique constitutional makeup and historical experience. While India provides a detailed constitutional scheme for emergencies, the UK emphasizes legal flexibility, and the USA relies on statutory delegation and executive discretion. Despite these differences, all three systems aim to strike a balance between enabling effective crisis response and preserving democratic accountability.

    Key words: Emergency Provisions, India, USA, UK

  • THE STATUS OF PERSONAL LAWS IN INDIA AND THE NEED FOR UNIFORM CIVIL CODE

    THE STATUS OF PERSONAL LAWS IN INDIA AND THE NEED FOR UNIFORM CIVIL CODE

    AUTHOR – HASHMI IFFAT RIYAZ* & MS. HONEY THAKKAR**

    * STUDENT OF INTEGRATED LAW, FACULTY OF LAW, GOKUL GLOBAL UNIVERSITY

    ** ASSISTANT PROFESSOR OF LAW, FACULTY OF LAW, GOKUL GLOBAL UNIVERSITY

    BEST CITATION – HASHMI IFFAT RIYAZ & MS. HONEY THAKKAR, THE STATUS OF PERSONAL LAWS IN INDIA AND THE NEED FOR UNIFORM CIVIL CODE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 424-431, APIS – 3920 – 0001 & ISSN – 2583-2344

    Abstract:

    The present research paper analyses the status of the personal laws in India and the need for Uniform civil code. One of the primary concerns is how to balance the need for a uniform legal framework with constitutional guarantee of the religious freedom.The paper focuses on the historical background with regard to personal laws their influence on the cultural diversity of India and constitutional relevance of freedom of religion and provision of uniform civil code. Furthermore, the paper puts an insight on the suggestion of 21st law commission report. With a considerable sense, the researcher draws conclusion by putting certain suggestion and recommendation at the end. It is not unfair to be said that without extending equal justice to all, a legal system cannot work appropriately.

    Keywords: Uniform civil code, Portuguese civil code, personal laws, secularism, Uttrakhand, Gujarat, Assam.

  • UNDERSTANDING AFFIRMATIVE ACTION

    UNDERSTANDING AFFIRMATIVE ACTION

    AUTHOR – TANMAY TIWARI* & DR. AVANTIKA MADHESIYA**

    * STUDENT AT AMITY LAW SCHOOL, NOIDA

    ** LAW FACULTY SUPERVISOR AT AMITY LAW SCHOOL, NOIDA

    BEST CITATION – TANMAY TIWARI & DR. AVANTIKA MADHESIYA, UNDERSTANDING AFFIRMATIVE ACTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 414-423, APIS – 3920 – 0001 & ISSN – 2583-2344

    Affirmative action policies are adopted by various states for promoting diversity in the society or as a reparation for the evil injustices which has occurred to them or their kin in the past. These policies are used to provide an equal playing field for the marginalized sections of the people who have not been fortunate enough to be provided with the adequate tools for the pursuit of happiness. Affirmative action is, therefore, a practical means to provide for the ideal ends of equality. This paper seeks to understand the use of such policies and the rationale behind them. Moreover, the interpretation of these policies by the courts has been mentioned by the author.

  • ANALYSIS OF THE JUVENILE JUSTICE ACT AND SYSTEM IN INDIA

    ANALYSIS OF THE JUVENILE JUSTICE ACT AND SYSTEM IN INDIA

    AUTHOR – PRATYUSH SHAHI* & MS. MANASVI AGARWAL**

    * STUDENT AT AMITY UNIVERSITY LUCKNOW

    ** ASSISTANT PROFESSOR AT AMITY UNIVERSITY LUCKNOW

    BEST CITATION – PRATYUSH SHAHI & MS. MANASVI AGARWAL, ANALYSIS OF THE JUVENILE JUSTICE ACT AND SYSTEM IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 408-413, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    The Juvenile Justice system in India aims to provide care, protection, and rehabilitation to children in conflict with the law while upholding their rights and ensuring their reintegration into society. Governed primarily by the Juvenile Justice (Care and Protection of Children) Act, 2015, the system distinguishes between juveniles and adult offenders, emphasizing reform over punishment. And the Act introduced significant reforms, including provisions for trying juveniles aged 16–18 as adults for heinous crimes, sparking debates on child rights and the balance between justice and reformation. Despite progressive legal frameworks, the implementation faces challenges such as inadequate infrastructure, lack of trained personnel, and societal stigma. As well as this paper examines the evolution, structure, and effectiveness of juvenile justice in India, highlighting the need for a more child-centric approach that prioritizes rehabilitation over retribution.

    The Juvenile Justice System in India serves the largest population of two significant groups of at-risk children: those lacking family or familial support and those who are alleged to have committed offenses. The current primary framework for this system is the Juvenile Justice (Care and Protection of Children) Act, 2000, which was further revised in 2006. This Act integrates provisions pertaining to children from the Indian Constitution, UN guidelines, and principles of Child Rights. The Juvenile Justice Act categorizes children into two groups: a) “Child in Need of Care and Protection” and b) “Juvenile in Conflict with Law.” The legislation differentiates between these two groups of children and establishes distinct and independent processes to address their respective concerns.

    KEYWORDS: Juvenile Justice System, Juvenile Justice Act, Children Rights, Indian Constitution, Children Care and Protection Act

  • THE DOCTRINE OF PLEASURE VS. PROTECTION OF CIVIL SERVANTS IN INDIA: A STUDY OF CONSTITUTIONAL SAFEGUARDS

    THE DOCTRINE OF PLEASURE VS. PROTECTION OF CIVIL SERVANTS IN INDIA: A STUDY OF CONSTITUTIONAL SAFEGUARDS

    AUTHOR – PRIYAM SRIVASTAVA* & MANASVI AGARWAL**,

    * STUDENT AT AMITY UNIVERSITY UTTAR PRADESH

    ** ASSISTANT PROFESSOR AT AMITY UNIVERSITY UTTAR PRADESH

    BEST CITATION – PRIYAM SRIVASTAVA, THE DOCTRINE OF PLEASURE VS. PROTECTION OF CIVIL SERVANTS IN INDIA: A STUDY OF CONSTITUTIONAL SAFEGUARDS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 401-407, APIS – 3920 – 0001 & ISSN – 2583-2344

    Abstract

    The Doctrine of Pleasure, rooted in English constitutional law, was adopted into Indian constitutional jurisprudence through Article 310 of the Constitution, enabling the President or Governor to dismiss civil servants at their discretion. However, India’s constitutional vision diverges from the colonial ethos by embedding protections for civil servants under Article 311, thereby creating a unique framework where executive authority is moderated by procedural safeguards. This research critically examines the doctrinal tension between executive prerogative and civil service security, especially in the context of Article 14’s guarantee against arbitrariness and the evolving principles of natural justice.

    Through a chronological analysis of landmark judgments—from Shyamlal and Dhingra to Tulsiram Patel and T.S.R. Subramanian—the paper maps the judiciary’s gradual shift towards interpreting service protections in light of constitutional morality and fairness. It also highlights grey areas such as compulsory retirements, politically motivated transfers, and reversion, which often escape meaningful judicial scrutiny. The paper argues that while the judiciary has played a significant role in bridging doctrinal gaps, structural inconsistencies and lack of codified safeguards continue to undermine administrative independence.

    The study concludes with a strong recommendation for legislative intervention through a comprehensive Civil Services Act, reinforcement of tenure stability, and institutional reforms in line with best practices in jurisdictions like the UK and Canada. Ultimately, the research underscores that protecting civil servants from arbitrary executive actions is not merely a matter of service law but a necessary condition for sustaining constitutional governance and public accountability in a democratic polity.

    Keywords: Doctrine of Pleasure, Article 310, Article 311, Civil Servants, Constitutional Safeguards, Judicial Review, Administrative Law, Natural Justice, Rule of Law, Public Accountability.

  • ZERO FIR: A PROGRESSIVE STEP TOWARDS ACCESSIBLE JUSTICE

    ZERO FIR: A PROGRESSIVE STEP TOWARDS ACCESSIBLE JUSTICE

    AUTHOR – SURYANSH PANDEY, STUDENT AT SOL&G, GAUTAM BUDDHA UNIVERSITY, GREATER NOIDA

    BEST CITATION – SURYANSH PANDEY, ZERO FIR: A PROGRESSIVE STEP TOWARDS ACCESSIBLE JUSTICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 398-400, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT:

    This paper is aim to examine the concept of “Zero FIR” within the framework of criminal procedure code (CRPC). Zero FIR means allows a complainant to file First Information Report at any station irrespective the jurisdiction in which crime occurred. The historical context of the FIR system, the CRPC legal rules, and the importance of Zero FIR in guaranteeing prompt justice are all covered in this paper. This paper will also tell us about the difference between” ZERO FIR and “NORMAL FIR” as mentioned in CRPC.

    KEYWORDS: Zero FIR, CRPC, FIRST INFORMATION REPORT, JURISDICTION, JUSTICE.

  • CYBER CRIME AND IT’S TYPES

    CYBER CRIME AND IT’S TYPES

    AUTHOR – ADARSH RAJ, STUDENT AT AMITY LAW SCHOOL, NOIDA

    BEST CITATION – ADARSH RAJ, CYBER CRIME AND IT’S TYPES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 388-397, APIS – 3920 – 0001 & ISSN – 2583-2344

    Abstract

    The modern world has changed due to the quick development of digital technologies, which have improved convenience, productivity, and connectivity. Cybercrime, or illegal activity carried out through or directed against computer systems, networks, and digital devices, has, nevertheless, also increased concurrently as a result of it. By classifying its several forms, including hacking, phishing, virus assaults, identity theft, online fraud, and denial-of-service (DoS) attacks, this article examines the intricate and dynamic world of cybercrime. The technique, motivations, outcomes, and technical enablers that make it easier to carry out each type are examined.

    The modern world has changed due to the quick development of digital technologies, which have improved convenience, productivity, and connectivity. Cybercrime, or illegal activity carried out through or directed against computer systems, networks, and digital devices, has, nevertheless, also increased concurrently as a result of it. By classifying its several forms, including hacking, phishing, virus assaults, identity theft, online fraud, and denial-of-service (DoS) attacks, this article examines the intricate and dynamic world of cybercrime. The technique, motivations, outcomes, and technical enablers that make it easier to carry out each type are examined.

    The report also explores worldwide patterns and statistical data that show how cyber threats are becoming more frequent and sophisticated, emphasizing how state-sponsored cyber operations are becoming more prevalent and how vital infrastructure is being targeted. The study also looks at the significant consequences that cybercrime has on people and society, such as monetary loss, psychological harm, and a decline in confidence in digital systems. Along with the significance of proactive cybersecurity measures, international cooperation, and ongoing innovation in threat mitigation, legal, regulatory, and ethical concerns are discussed. This paper’s thorough study emphasizes the pressing need for flexible and team-based tactics to fight cybercrime and maintain the resilience of the digital world.

    Keywords: Cybercrime, Digital Technologies, hacking, phishing, malware attacks, cybersecurity.

  • UNVEILING THE NEXUS: GST REVENUE LOSS; CAUSES AND CONSEQUENCES AND CORRUPTION

    UNVEILING THE NEXUS: GST REVENUE LOSS; CAUSES AND CONSEQUENCES AND CORRUPTION

    AUTHOR – PARTH JOHRI, STUDENT AT AMITY LAW SCHOOL, NOIDA

    BEST CITATION – PARTH JOHRI, UNVEILING THE NEXUS: GST REVENUE LOSS; CAUSES AND CONSEQUENCES AND CORRUPTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 383-387, APIS – 3920 – 0001 & ISSN – 2583-2344

    Abstract

    This dissertation, titled “Unveiling the Nexus: GST Evasion, Revenue Loss to the Government and Corruption in India”, is the culmination of an extensive research journey undertaken as part of my academic curriculum in pursuit of the B.A. LL.B. degree. It represents a comprehensive effort to explore one of the most pressing challenges in India’s tax administration — the evasion of Goods and Services Tax (GST) — and to propose feasible and forward-looking strategies to mitigate it.

    The idea for this dissertation stemmed from an interest in understanding how modern legal and technological frameworks can enhance tax governance in a rapidly digitizing economy. Since its inception in 2017, GST has aimed to unify India’s indirect tax structure. However, the system continues to face challenges from non-compliance, fraudulent invoicing, input tax credit misuse, and enforcement inefficiencies. These challenges formed the foundation of this research, which also includes a detailed review of the legal foundations and statutory structure that governs GST in India.

    Spanning seventeen weeks of continuous analysis, the dissertation is built upon a structured series of weekly progress reports. Through these, I explored various dimensions of GST evasion — from sector-specific patterns to the role of administrative loopholes, and from legal enforcement barriers to the promise of emerging technologies such as Artificial Intelligence (AI) in monitoring and compliance. A key part of this project involved evaluating real-world case studies and drawing lessons from international models in countries like South Korea, Brazil, and Estonia.

    The research methodology combines doctrinal and analytical approaches, supported by data from government reports, judicial pronouncements, expert opinions, and scholarly literature. Notably, the dissertation includes a dedicated chapter on the integration of AI into the GST framework — a forward-looking exploration of how technology can transform tax enforcement through real-time surveillance, predictive analytics, and fraud detection. This work would not have been possible without the guidance and encouragement of my faculty mentors, whose feedback helped shape the direction and depth of this study. I also wish to express gratitude to professionals and officials who shared valuable insights during informal interviews and discussions.

    This dissertation is not only a fulfilment of academic requirements but also a reflection of my passion for tax law, policy innovation, and good governance. I hope that the findings and recommendations offered here serve as a meaningful contribution to the ongoing efforts to strengthen India’s GST ecosystem.