Author: PRASANNASRI26092001

CHALLENGES FACED BY INSOLVENCY PROFESSIONALS IN CONDUCTING CIRP

AUTHOR – TANISHQ JOSHI, STUDENT AT UNITEDWORLD SCHOOL OF LAW

BEST CITATION – TANISHQ JOSHI, CHALLENGES FACED BY INSOLVENCY PROFESSIONALS IN CONDUCTING CIRP, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 684-691, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

The Corporate Insolvency Resolution Process (CIRP) within the framework of the Insolvency and Bankruptcy Code (IBC) of 2016 was designed with a creditor-focused insolvency resolution approach. It constituted a radical shift from the ineffective and obsolete insolvency systems of the past by placing insolvency professionals (IPs) at the centrepiece of the resolution. An IP’s role is intricate as it encompasses the management of the distressed corporate debtors, protecting the creditors, arranging legal compliance, and enabling the resolution plan in the best possible manner to reduce scope for misuse and create transparency.

Even with the framework of the IBC in place, put into action, the CIRP comes with significant hurdles. In practice, there are problems with the sponsors (inertia, lack of cooperation), the creditors (differing opinions), and operational problems that often block processes that need to happen for the resolution of insolvency. Furthermore, regulatory formality along with boundary conflict among several bodies adds legal ambiguity and procrastination. The ethical question coupled with the conflict of interests makes the role of an IP more complex and creates scope for poor judgment and acts of malpractice. In addition to all these, there is certainly too much litigation through the courts which causes delays. Supervision and constant control from courts and appeal courts is also another insolvency hurdles for the over dependency on the courts to bring any resolution. This chapter explores the major challenges faced by insolvency professionals in conducting CIRP, focusing on practical difficulties, regulatory hurdles, ethical concerns, and judicial oversight. Understanding these issues is crucial to enhancing the effectiveness of the IBC framework and ensuring that CIRP remains a viable mechanism for corporate revival and debt recovery.

ANTITRUST REGULATION IMPACTS IN MERGERS & ACQUISITIONS AND MARKET COMPETITION

AUTHOR – A.DHANALAKSHMI* & DR. NIHARIKA SINGH**

* STUDENT AT AMITY LAW SCHOOL, NOIDA

** ASSISTANT PROFESSOR, AMITY UNIVERSITY, NOIDA

BEST CITATION – A.DHANALAKSHMI & DR. NIHARIKA SINGH, ANTITRUST REGULATION IMPACTS IN MERGERS & ACQUISITIONS AND MARKET COMPETITION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 669-682, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

As globalization intensifies and market dynamics evolve, the frequency and scale of M&A activities have surged, prompting regulators to reassess the effectiveness of existing antitrust frameworks. Serious problems regarding market concentration, monopolies, and competition fairness have been raised by the tide of enlargement in corporate M&A.  The policy institution required to ward off anti-competitive behavior and promote consumer welfare and efficiency in the economy is antitrust law.  The contribution made by antitrust laws in regulating mergers and acquisitions and competition in the market is analyzed in this paper. India, the US, and the EU are some of the most important countries whose M&A legal regimes are analyzed in this study.  The research explores whether antitrust enforcers, such as the EC, FTC, and CCI, perform well in examining merger control and enforcing competition legislation. It also explores the challenges regulators face in balancing the benefits of consolidation against the potential for reduced competition, innovation stifling, and consumer harm. By synthesizing theoretical perspectives and empirical data, this research aims to provide insights into the effectiveness of antitrust laws in promoting fair competition while navigating the complexities of corporate consolidation in contemporary markets. The research also focuses on enforcement matters and regulatory gaps under existing antitrust laws, particularly in reacting to Big Tech mergers and acquisitions and vertical mergers. For better efficacy of antitrust enforcement, the research concludes with legislative suggestions that provide an even approach that supports economic development alongside maintaining fair market competition.

Keywords: Antitrust laws, Market concentration, Competition, Mergers and Acquisitions, and Corporate Regulation

SOCIAL SECURITY AND LABOUR LEGISLATION IN INDIA

AUTHOR – M R HARINIVETHA, STUDENT OF B. COM LLB (HONS), SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI.

BEST CITATION – M R HARINIVETHA, SOCIAL SECURITY AND LABOUR LEGISLATION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 656-668, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This study enlightens the constitutional foundations that support social security for workers in India, anchoring its examination in Articles 14, 15, and 16 of the Indian Constitution and delves into the profound impact that the principles of equality, non-discrimination, and social justice have had on the development and transformation of legal structures aimed at protecting labor rights. Examining closely important court decisions and major legislative successes reveals the complex link between state practices and constitutional directions. By means of a rigorous analysis of the historical trajectory of labor laws from the post-colonial era to contemporary times, it reveals the roots and progressive evolution of important statutes including the Employee’s State Insurance Act, Employees’ Provident Fund Act, and the Workmen’s Compensation Act. Against the vast canvas of India’s political and economic development, we are revealing the slow change of inherited colonial institutions to fit the demands of a modern, industrializing society. The analysis demonstrates the ongoing challenges in balancing high constitutional values with the actual reality of economic inequality and the large unofficial work sector. Defining the terrain of labor rights has been much aided by the interpretations of the courts in bridging the distance between the aspirations of law and the urgent needs of society. Although the constitutional clauses provide a solid basis for social security, its successful application usually faces challenges because of administrative inefficiencies and the complexity of socioeconomic issues. In essence, this paper presents a series of thoroughly considered policy recommendations supporting integrated improvements aimed to improve the effective performance of constitutional tasks. In this sense, it improves the academic discussion on the transformation of constitutional ideals into practical rights by helping to build a more inclusive and flexible framework that so effectively safeguards the interests of every worker in India’s varied and rapidly changing economy. This extensive research provides a great understanding of the interplay between legal theory and policy implementation, therefore improving the argument on social justice and labor rights in India.

Index Terms: Constitution, Equality, Non-discrimination, Social Justice, Labour Rights, Social Security.

A COMPARATIVE ANALYSIS OF REHABILITATION PROGRAMS FOR CRIMINAL OFFENDERS IN INDIA AND ENGLAND: EFFECTIVENESS IN REDUCING RECIDIVISM AND FACILITATING SUCCESSFUL REINTEGRATION INTO SOCIETY

AUTHOR – MR. RAHIL SHAIKH* & MS. KOMAL SRIVASTAVA**

* STUDENT AT UWSL KARNAVATI UNIVERSITY

** PROFESSOR AT UWSL KARNAVATI UNIVERSITY

BEST CITATION – MR. RAHIL SHAIKH & MS. KOMAL SRIVASTAVA, A COMPARATIVE ANALYSIS OF REHABILITATION PROGRAMS FOR CRIMINAL OFFENDERS IN INDIA AND ENGLAND: EFFECTIVENESS IN REDUCING RECIDIVISM AND FACILITATING SUCCESSFUL REINTEGRATION INTO SOCIETY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 650-655, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This research paper presents a comparative analysis of rehabilitation programs for criminal offenders in India and England, examining their approaches, effectiveness in reducing recidivism rates, and promotion of successful reintegration into society. By exploring the philosophical underpinnings, economic factors, cultural traditions, and legal frameworks that shape these programs, this study aims to identify key lessons and best practices that can enhance rehabilitation systems in both countries. The analysis considers the contrasting approaches of restorative justice in India and evidence-based rehabilitation in England, highlighting the importance of context-specific strategies for effective offender reintegration. Ultimately, this paper seeks to contribute to the broader discourse on criminal justice reform and promote more humane and beneficial rehabilitation practices.

PROHIBITION OF CHILD LABOUR IN INDIA

AUTHOR – ADITHYAN K, STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY (SCHOOL OF EXCELLENCE IN LAW)

BEST CITATION – ADITHYAN K, PROHIBITION OF CHILD LABOUR IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 639-649, APIS – 3920 – 0001 & ISSN – 2583-2344.

1.INTRODUCTION

The child labour problem continues to pose a challenge before the nation. Government takes various pro-active measures to tackle this problem. However, considering the magnitude and extent of the problem and that it is essentially a socio-economic problem inextricably linked to poverty and illiteracy, it requires concerted efforts from all sections of the society to make a dent in the problem.

Labour^[1] means, ‘Work, especially hard physical work’.  The term “child labour”^[2]  referring ‘as work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental’.  It refers to work that is mentally, physically, socially or morally dangerous and harmful to children.

According to the ILO, Child Labour refers to work that deprives children (any person under 18) of their childhood, their potential and their dignity, and that is harmful to their physical and/or mental development. It refers to work that is mentally, or morally dangerous and harmful to children; and/or interferes with their schooling by:

•  depriving them of the opportunity to attend school

• obliging them to leave school prematurely

• requiring them to attempt to combine school attendance with 

 excessively long and heavy work.

Child as defined in India, The Child Labour (Prohibition and Regulation) Act, 1986 is a person who has not completed the age of fourteen years. A child of such tender age is expected to play, to study, and be take care of its family. But the situation of the child, by will or by force the child is forced to work in harsh conditions and atmospheric situation.  It pulls to the child to the retarded growth of its adolescence stage. 2011 census obviously expressed the number of child labours in India . Out of total child labourers of 10.1 million, girls are 4.5 million and boys are 5.6 million.

The backbone of the country is Children of the country. It can be achieved by the legislation of the government.  In countries, like India strict legislative measures are needed to correct the problem. In India, several legislations are enacted to control the menace of child labour. 

Key words:  Labour, Child labour, Prohibition, Rights, Article, Work, Provision, Problem, Control, Correct, Measures

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[1] Labour: Karin Hofmeester et al. (2015)The Global Collaboratory on the History of Labour Relations, 1500–2000: Background, Set-Up, Taxonomy, and Application

[2] Child labour: hild labor and health, problems and perspectives” in International Journal of. Occupational and Environmental Health,Vol 6, No 1, Jan-Mar 2000, Philadelphia.

REGULATORY ROLE AND FUNCTION OF SECURITIES EXCHANGE BOARD OF INDIA (SEBI)

AUTHOR – SAKSHI SETH, STUDENT AT DEPARTMENT OF LAW, AMITY LAW UNIVERSITY

BEST CITATION – SAKSHI SETH, REGULATORY ROLE AND FUNCTION OF SECURITIES EXCHANGE BOARD OF INDIA (SEBI), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 636-638, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The SEBI or the Securities and Exchange Board of India is an authority that regulates the Indian securities market. It was set up in 1988 and was given statutory powers in 1992. Among SEBI ‘s key objectives are the protection of investors, advancement of market functions, and transparency. This article is concerned with SEBI’s role, functions, objectives and importance in maintaining a balance in capital markets. With the help of various regulative measures, SEBI fosters investor trust, curtails market manipulation, and supports the organised growth of the securities market. The listed findings illustrate that SEBI’s regulations have improved the corporate governance practices and corporate economic activity in India.

SEBI: CHALLENGES, RESPONSE AND WAY FORWARD

AUTHOR – ANCHITA DATTA & BIDISHA MANNA

STUDENTS AT DEPARTMENT OF LAW, STUDENTS IN AMITY UNIVERSITY, KOLKATA

BEST CITATION – ANCHITA DATTA & BIDISHA MANNA, SEBI: CHALLENGES, RESPONSE AND WAY FORWARD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 630-635, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Securities Exchange Board of India (SEBI) although plays a pivotal role in regulating and stimulating an efficient, explicit and sturdy capital market in India yet, it faces few challenges and complexities including market volatileness, insider trading, technological disruptions, price manipulation and growing complications of investment instruments.

All the years SEBI has strengthened the surveillance and enforcement reforms to improve transparency and instil good governance, Its Global engagement, collaborations and coordination’s with other regulations streamlined IPO and Mutual fund regulations. Furthermore, it provided investors awareness and education schemes as well.

Looking ahead, SEBI must prioritize innovation and technological growth while addressing regulatory gaps in emerging sectors such as cryptocurrency and fintech. It must bring regulatory sand book reforms and reformation in the enforcement mechanisms and investors centric rules and regulations.

This paper explores SEBI’s role in encountering challenges, its strategic response and the blueprint for a flexible and inclusive financial system. 

Keywords: market volatileness, insider trading, technological disruptions, price manipulation, collaborations, cryptocurrency and fintech

CRITICAL ANALYSIS ON LAWS GOVERNING CROSS- BORDER M & A IN INDIA

AUTHOR – JUHI SHUKLA, STUDENT AT UNITED WORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

BEST CITATION – JUHI SHUKLA, CRITICAL ANALYSIS ON LAWS GOVERNING CROSS- BORDER M & A IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 614-29, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The globalization has been driven by cross border mergers and acquisitions (M&A), which are now considered as a way of expanding business, marketing and acquiring new technology to access new markets. India’s legal framework in respect of cross border M&A has been thoroughly reformed to bring it in line with global standards to lure in foreign investment. It has a multiplicity of regulators that include the Companies Act, 2013; the Foreign Exchange Management Act (FEMA), 1999; the Competition Act, 2002; sector specific laws. Section 234 of the Companies Act and the Foreign Exchange Management (Cross Border Merger) Regulations, 2018, among others, give an institutionalized treatment to inbound and outbound mergers. Also, various regulatory authorities such as Reserve Bank of India (RBI), Securities and Exchange Board of India (SEBI), and Competition Commission of India (CCI) may intervene to enforce matters related to corporate governance, foreign exchange norms, and so on. Inevitably, these regulations have helped spur a wave of M&A activity across borders but with a lot of regulatory complexity as well as jurisdictional conflicts. It analyzes the legal framework for cross border M&A in India including the implications for businesses and possible reform.

Keywords: Cross-Border Mergers and Acquisitions, Companies Act 2013, FEMA, Competition Act 2002, RBI, SEBI, Antitrust Laws, Foreign Exchange Regulations.

THE INTEGRATION OF INSTITUTIONAL ARBITRATION AND ODR: A PATHWAY TO MAKING INDIA A PREFERRED SEAT FOR INTERNATIONAL COMMERCIAL ARBITRATION

AUTHORS – TANISHKA PAWAR* & SNEHA TIWARI**

* STUDENT AT AMITY LAW SCHOOL, NOIDA

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – TANISHKA PAWAR & SNEHA TIWARI, THE INTEGRATION OF INSTITUTIONAL ARBITRATION AND ODR: A PATHWAY TO MAKING INDIA A PREFERRED SEAT FOR INTERNATIONAL COMMERCIAL ARBITRATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 605-613, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The landscape of conflict resolution in commercial and legal sectors has been transformed by the evolution of Alternative Dispute Resolution. Both, Online Dispute Resolution and Institutional Arbitration have emerged as key mechanisms in international commercial arbitration by offering structured frameworks and technological advancements in order to enhance efficiency, accessibility and cost-effectiveness. This paper analyses the growing relevance of Institutional Arbitration, administered by established arbitral institutions, ensuring consistency and enforceability, alongside the rise of Online Dispute Resolution, which integrates digital platforms to facilitate remote dispute resolution. The study explores the legal framework that governs such mechanisms in India and also highlights their adoption under the Arbitration and Conciliation Act, 1996 as well as the Information Technology Act, 2000. The author also evaluates the challenges that hinders India’s potential as a global arbitration hub, which includes judicial intervention, lack of Alternative Dispute Resolution culture and also the enforcement delays. Furthermore, the research additionally underscores the necessity of institutional reforms, technological advancements and global cooperation to conform India’s arbitration standards with international satisfactory practices. Lastly, the paper concludes that the integration of institutional arbitration and Online Dispute Resolution presents an assuring avenue for encouraging an efficient, transparent and technology driven arbitration eco-system in India, ensuring greater trust and participation from domestic and international stakeholders.

EFFECTS OF WATER POLLUTION IN UTTARAKHAND

AUTHOR -SIDDHANTH SAKLANI* & SACHIN KUMAR**

* STUDENT AT UTTARANCHAL UNIVERSITY, LAW COLLEGE DEHRADUN

** ASSISTANT PROFESSOR AT UTTARANCHAL UNIVERSITY, LAW COLLEGE DEHRADUN

BEST CITATION – SIDDHANTH SAKLANI & SACHIN KUMAR, EFFECTS OF WATER POLLUTION IN UTTARAKHAND, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 602-604, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Water pollution is one of the most critical environmental challenges facing Uttarakhand today. Despite being a region rich in freshwater resources and spiritual heritage, the state’s rivers and water bodies are under immense pressure due to increasing human activity, industrial growth, and poor waste management. This article explores the multifaceted effects of water pollution in Uttarakhand—on public health, ecosystems, agriculture, religious life, and the economy. It further identifies the key causes behind this growing crisis and recommends strategies for sustainable water governance in the Himalayan state.