Author: PRASANNASRI26092001

A KEY ISSUE OF JUDICIAL INDEPENDENCE IN THE APPOINTMENT OF JUDGES IN HIGHER JUDICIARY

AUTHOR – MOHD. AKASH, RESEARCH SCHOLAR AT FACULTY OF LEGAL STUDIES, MAHATMA JYOTIBA PHULE ROHILKHAND UNIVERSITY, BAREILLY (UP), INDIA

BEST CITATION – MOHD. AKASH, A KEY ISSUE OF JUDICIAL INDEPENDENCE IN THE APPOINTMENT OF JUDGES IN HIGHER JUDICIARY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 1006-1011, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The judicial recruitment process in India, particularly for the higher judiciary, has been widely debated and scrutinised. This article goes into the complexity of the judicial appointment system, including the roles of numerous authorities and the growth of the process as evidenced by key judicial pronouncements. This study’s main focus is on the contradiction between executive power and judicial independence, the influence of the collegium system, and reform ideas. The article seeks to provide a comprehensive view of the essential topic of judicial nominations in India by examining the legal framework, court decisions, and ongoing issues.

For a healthy judicial system, the judiciary’s independence is critical in protecting the sovereignty of the constitution as well as the judiciary, which is the foundation of any democratic society, by ensuring that the judiciary remains impartial, free of external influences, and capable of upholding the rule of law. In the context of India, the Collegium System has had a considerable impact on the appointment and transfer of judges to the higher judiciary, particularly the Supreme Court and High Court. This research study examines the relationship between judicial independence and the Collegium System in India. The study begins by looking into the historical growth of the Collegium System, dating it back to court interpretations of the Constitution. It explores the constitutional provisions and landmark judgments that have shaped the framework for appointing and transferring judges, highlighting the delicate balance between the need for judicial independence and the role of the executive in the appointment process.

Keywords: Judicial Appointment, Higher Judiciary, Judicial Pronouncements, Collegium System.

EVALUATING THE NEED FOR BAD BANKS AMID EXISTING ARCS

AUTHOR – MS. KAJAL KAMALKISHORE BANG, STUDENT AT JINDAL GLOBAL LAW SCHOOL.

BEST CITATION – MS. KAJAL KAMALKISHORE BANG, EVALUATING THE NEED FOR BAD BANKS AMID EXISTING ARCS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 1012-1019, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper critically examines the need and effectiveness of establishing new government-backed bad banks in India, especially in the context of the existing private-sector-funded Asset Reconstruction Companies (ARCs). The surge in Non-Performing Assets (NPAs) in Indian banks underscores the urgency of finding effective solutions to financial instability. While bad banks might seem like a viable solution to current gaps in NPA management, it is important to note that this concept is not new to India’s asset management landscape. The study finds that ARCs already play a significant role in asset recovery, but they are hindered by challenges such as limited turnaround capacity, insufficient capital, and reliance on private funding, which diminishes their effectiveness. Although bad banks could help address some of these challenges, such as providing government support and facilitating the acquisition of larger NPAs, they do not tackle the root causes of the issues within the banking system. Concerns arise regarding accountability, the use of taxpayer funds, and the potential complacency of commercial banks, which could weaken lending standards. Without strong oversight, including mandatory forensic audits, the creation of bad banks could repeat past mistakes and perpetuate systemic inefficiencies. Therefore, this paper advocates for strengthening the capabilities of existing ARCs rather than creating new institutions. The study suggests exploring alternative solutions focused on comprehensive auditing, risk management, and operational efficiency. By addressing the core causes of NPAs and fostering a culture of accountability and proactive credit assessment, India can achieve long-term financial stability without burdening taxpayers or compromising the integrity of its banking system.

SHADOWS ON CAMPUS: EXPLORING THE UNDERBELLY OF COLLEGE CRIMES

AUTHOR – KHUSHI SARKHEDI, STUDENT AT AURO UNIVERSITY SURAT

BEST CITATION – KHUSHI SARKHEDI, SHADOWS ON CAMPUS: EXPLORING THE UNDERBELLY OF COLLEGE CRIMES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 995-1005, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Although colleges are frequently though of s secure oases for study, they can also hotspot for a variety of crimes that are waiting to be discovered. This research looks into the relationship between crime rates on college campuses and inadequate lighting. Through the Analysis it shows how insufficient lighting fuels criminal activity by looking through crime reports, surveying students and staff, interviewing them, and  mapping locations that are known to be crime-ridden. This research shows a clear correlation between low light levels and increased rates o theft, violence, and vandalism. These dimly lighted areas not only provide a haven for criminal activity, but they also make the college community feel uneasy. This emphasizes how urgently improved lighting safety precautions are needed.

Developing successful preventative methods requires an understanding of the elements that contribute to crimes on campuses and the significance of environmental factors like illumination. Colleges and universities can establish safer settings that support both academic achievement and personal development by tackling these problems. This research offers doable suggestion for boosting campus security, such as installing more CCTV, better lighting and initiating awareness-raising and crime-prevention initiatives. The goal of these actions is to make campuses more secure and safe places for all people.

This research is a call to action for legislators and college administrators to address these safety concerns and maintain campuses as secure environments for learning and development.

Keywords: Crimes, Safety, Investigation, Awareness, Campus

TECHNOLOGY, LAW AND ETHICS

AUTHOR – MS. TANISHKA BHATT, INDEPENDENT AUTHOR, GURUGRAM, HARYANA. EMAIL – BHATT.TANISHKA744@GMAIL.COM

BEST CITATION – MS. TANISHKA BHATT, TECHNOLOGY, LAW AND ETHICS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 986-994, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

 The article mentions how technology can help people in many areas, such as in entrepreneurship, law, medical, agriculture, and education. In the field of law specifically, technology can be used for various purposes such as for legal matter findings, lawful advice, lawful conscripting, lawful mechanisation, covenant analysis, information operation, legal enterprise development, fair thorough review, M&A due diligence, medium supervision, tracing beyond lawyer expend, automated proof operation and lawful propaganda which helps lawyers and firms to produce the desired output with efficiency, less human labour and with less scope of errors. Certain instances of electronic havoc, meanwhile covid 19 have also been mentioned in the article, when the entire world was connecting online, such as not involving women, in curative findings on female’s wellness which lead to lack of useful facts and information on female’s wellness, an AI tool which detects the probability of a person to commit offence on the basis of colourism etc. Recently during the Indo – Singapore judicial conference had occurred which discussed the relevance of using technology in the legal study and judicial system with morality, the conference also highlighted how Singapore International Commercial Court is utilising the technology for resolving cross border business disputes, In India the introduction of E- Courts, Live quotation benevolences and Supreme Court Vidhik Anuvaad Software has completely changed the facet of the Indian judicial system. The ethics and laws go hand in hand, for safeguarding human rights and to maintain a respectable environment, the law establishes standard of behaviour that all individuals adheres to, there are situations when an individual has to do an act which is ethically incorrect but is correct lawfully to which some philosophers have criticised as a person should not do an act which is not setting up a good example in the society at large. The National Strategy for Artificial Intelligence had put emphasis on using AI for resolving communal issues and to benefit citizens at large which is evident through instances such as use of cctv cameras at prayagraj kumbh mela for detecting that the mass does not go beyond its limit,Wadhwani AI, an AI potential device will help the doctors to detect less birthing heaviness of infants, business venture named NIRAMAI has evolved a premature level of breast cancer diagnosis apparatus, which is a AI based tool, the IIT Madras experimenters are seeming to utilise AI to forecast possibility of new mothers leaving the medicare initiatives, to better aimed interference and to expand practical medicare results for new mother and babies. Laws pertaining to technology such as the Information Technology Act of 2000, Indian Contract Act of 1872, Aadhaar Act of 2016, Geospatial Regulation Bill of 2016, Personal Data Protection Bill of 2019, and Information Technology Rules of 2021, are among the current laws and bills in our nation that are covered in the article. These legislation and laws prohibit technology-related crimes, including cyberterrorism and cybercrimes, and they impose fines for infractions; few instances of ethical use of technology are also mentioned. In order to prevent problems like privacy invasions, data security breaches, and cybercrimes, professional organisations and regulatory authorities are required to set and adhere to rules and regulations. To guarantee innovation and update legislation in line with technological changes, legal professionals should collaborate with technology specialists. This article basically aims to clarify the relationships and requirements between technology, law, and ethics in the contemporary world.

Keywords: Technology, Law, Ethics, Artificial Intelligence, Offences, Advancements, Behaviour

COMPREHENSIVE ANALYSIS OF PATENTEE RIGHTS, OBLIGATIONS, AND PATENT MECHANISMS IN INTELLECTUAL PROPERTY LAW

AUTHOR – KOUSTAV BHATTACHARJEE, AMITY LAW SCHOOL, NOIDA

BEST CITATION – KOUSTAV BHATTACHARJEE, COMPREHENSIVE ANALYSIS OF PATENTEE RIGHTS, OBLIGATIONS, AND PATENT MECHANISMS IN INTELLECTUAL PROPERTY LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 977-985, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Patents are a cornerstone of intellectual property (IP) law, designed to stimulate innovation by granting inventors exclusive rights over their creations for a limited period. The balance between encouraging innovation and protecting public interest is integral to the patent system. This paper provides a comprehensive exploration of patentee rights, obligations, and patent mechanisms, with an emphasis on legal provisions, international treaties, and judicial interpretations. It discusses the exclusive rights conferred by patents, including the right to exclude others from making, using, or selling the invention. Alongside these rights, patentees are subject to several obligations, such as the disclosure of the invention, payment of maintenance fees, and the requirement to commercially exploit their patents. These obligations ensure that the benefits of patented inventions are shared with society at large.

The paper also examines key legal mechanisms for enforcing patents, including infringement litigation, injunctions, and compulsory licensing. With the rise of complex technologies such as biotechnology and artificial intelligence (AI), new challenges have emerged in determining patentability and enforcing patent rights. The role of international treaties like the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, the Paris Convention, and the Patent Cooperation Treaty (PCT) in harmonizing patent laws across jurisdictions is analyzed in detail. The paper incorporates a critical analysis of landmark cases such as Novartis AG v. Union of India (2013), which addressed the issue of “evergreening” patents, and Natco Pharma Ltd. v. Bayer Corporation (2014), a pivotal case involving compulsory licensing in the pharmaceutical industry. In addition to examining substantive legal doctrines, this paper addresses the emerging concerns regarding patent thickets, the evergreening of patents, and the role of patent systems in balancing proprietary rights with public access to essential innovations, particularly in healthcare and technology sectors. Through this comprehensive analysis, the paper aims to provide insights into how patent systems can continue to incentivize innovation while ensuring equitable access to technological advances.

A REPORT ON THE SIGNIFICANCE OF THE RIGHT TO INFORMATION ACT, 2005

AUTHOR – DISHA SINGHAL, STUDENT AT SYMBIOSIS INTERNATIONAL UNIVERSITY, PUNE

BEST CITATION – DISHA SINGHAL, A REPORT ON THE SIGNIFICANCE OF THE RIGHT TO INFORMATION ACT, 2005, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 969-976, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Right to Information Act, 2005, is a landmark legislation in the democratic landscape of India, marking a great leap in the perspective of transparency and accountability within public administration. This article reflects on the history and development of the Right to Information. It points out the impact of such an act in bridging the gap between the government and citizens, as such participation by citizens was instrumental in questioning, auditing, and reviewing governmental decisions. In doing so, the Act empowers citizens not only to fight corruption and inefficiencies but also to clean opaque governance practices. The paper would further probe landmark judicial pronouncements that have structured the RTI landscape and take a look at the challenges and setbacks that the RTI movement has faced in the form of harassment and violence against activists. However, the Act still faces such challenges as poor record-keeping, inadequate staffing, and lack of awareness. Quoting the conclusion from the article, “Institutional supports, governance frameworks, and stronger protections for RTI activists would provide a thylacine momentum to renew the initiative and ensure it remains relevant in strengthening democracy in India.”

Keywords: Right to Information, Good Governance, Transparency, Administration, Accountability, Government

STRENGTHENING LEGAL FRAMEWORKS AGAINST CHILD SEXUAL EXPLOITATION: A CASE ANALYSIS OF JUST RIGHTS FOR CHILDREN ALLIANCE V. S. HARISH, 2024 INSC 716 (23 SEPTEMBER 2024)

AUTHOR – DR. SALEEM AHMED M A, ASSOCIATE PROFESSOR AT CRESCENT SCHOOL OF LAW, BS ABDUR RAHMAN CRESCENT INSTITUTE OF SCIENCE & TECHNOLOGY, CHENNAI, TAMIL NADU, INDIA.

BEST CITATION – DR. SALEEM AHMED M A, STRENGTHENING LEGAL FRAMEWORKS AGAINST CHILD SEXUAL EXPLOITATION: A CASE ANALYSIS OF JUST RIGHTS FOR CHILDREN ALLIANCE V. S. HARISH, 2024 INSC 716 (23 SEPTEMBER 2024), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 965-976, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

The case of Just Rights for Children Alliance v. S. Harish concerns a critical issue regarding child sexual exploitation and abuse material (CESAM) and the application of legal provisions under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and the Information Technology Act, 2000 (IT Act). The main question raised before the Supreme Court was whether viewing CESAM is punishable under Section 15 of the POCSO Act and Section 67B of the IT Act, and whether the statutory presumption of a culpable mental state under Section 30 of the POCSO Act can be invoked in a quashing petition. The case explores significant legal principles regarding the possession and consumption of CESAM, statutory presumptions of malicious intent, and the evolving legal framework aimed at protecting children from sexual exploitation.

DECODING SEBI’s GUIDELINES CORPORATE GOVERNANCE IN CHARTING NEW STANDARDS FOR INDIAN COMPANIES

AUTHORS – MAYUR SHRESTHA & RIYA YADAV, STUDENTS AT SCHOOL OF LAW, PRESIDENCY UNIVERSITY, BANGALORE

BEST CITATION – MAYUR SHRESTHA & RIYA YADAV, DECODING SEBI’s GUIDELINES CORPORATE GOVERNANCE IN CHARTING NEW STANDARDS FOR INDIAN COMPANIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 955-960, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The article focuses on corporate governance in the context of large privately held companies in India against a fast-evolving regulatory framework. It also analyses the role played by Securities and Exchange Board of India (SEBI), the most important regulator of securities market and the Indian corporate world in improving the corporate governance standards of India. In the past, company law, accounting standards, and internal auditing within the corporation were used to describe corporate governance in a broad sense. However, as corporate India evolved in the 1990s, Indian corporations had to start implementing corporate governance principles and practices. Since the late 1990s the concept of Corporate Governance as “the policy, process, structure and information used for direction and controlling the management of an entity” began to take shape with the establishment of Securities and Exchange Board of India (SEBI) in 1992. SEBI has made numerous efforts to enhance India’s corporate governance system. To raise the bar for corporate governance, however, a lot of work must be done at the individual business level.

Keywords: Regulators, SEBI, Corporate Governance, Indian Corporate, Compliances.

CONSTITUTIONAL PROTECTION OF INDIGENOUS RIGHTS IN INDIA AND CANADA

AUTHOR – VINAY KUMAR SINGH CHAUHAN, RESEARCH SCHOLAR AT CENTRAL UNIVERSITY OF SOUTH BIHAR & ADVOCATE AT HIGH COURT OF DELHI.

BEST CITATION – VINAY KUMAR SINGH CHAUHAN, CONSTITUTIONAL PROTECTION OF INDIGENOUS RIGHTS IN INDIA AND CANADA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 948-954, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This study provides a comparative analysis of the constitutional  protections of indigenous rights in India and Canada. The indigenous communities in both countries have faced marginalization  and discrimination in history. That led to the erosion of their traditional cultures, languages, way of life, and their connectedness to nature. This study focuses on the historical context in which the indigenous rights have evolved. In India, the constitutional provisions aimed to protect the Schedule Tribes are enshrined in Article 46 of the constitution which provide direction to the state and emphasize to promote the educational and economic interest of the ScheduleTribes. Schedule V, VI, and Article 244(1) of the Constitution provides for the special provisions for these communities and administration of scheduled and tribal areas. Canadian Constitution in Section 35 recognizes and affirms the existence of aboriginal people and treaty for the rights of indigenous peoples. Protecting the rights of the indigenous people is a complex and multifaceted issue in both the countries

UNDERSTANDING THE VARNA SYSTEM: INSIGHTS INTO ANCIENT INDIA’S SOCIAL STRUCTURE

AUTHOR – ANIKA TRIPATHI, STUDENT AT NARSEE MONJEE INSTITUTE OF MANAGEMENT STUDIES

BEST CITATION – ANIKA TRIPATHI, UNDERSTANDING THE VARNA SYSTEM: INSIGHTS INTO ANCIENT INDIA’S SOCIAL STRUCTURE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 943-947, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

During ancient times varna is one of the most important criteria for differentiation or the categorization among the people. In earlier times people were generally identified with the help of their varna only. Varna’s system divides society into various groups, sometimes related to each other. The Varna system is often confused with the caste system but varna is the larger concept and caste is part of the varna system. There have been various debates before and till now on whether the varna system was true or not and whether it is still present or not. This age-old practice, rooted in primeval times, continues to endure in society today. Legend has it that the Aryans arrived in India and organized society based on occupations, laying the foundation for the Varna system. In this, each varna has assigned work and duties. People believe that humans do not make varna but it has a divine origin. Traces of the Varna system can be found in various forms throughout history. This article delves into the concept of Varna, exploring its essence and the divisions within this ancient social framework.