Author: PRASANNASRI26092001

NATIONAL POLICY REVIEW: PRADHAN MANTRI JANJATIYA UNNAT GRAM ABHIYAN (PMJUGA)

AUTHOR – BEARLIN JINCY J. D, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – BEARLIN JINCY J. D, A STUDY ON MIGRANTS AND THEIR HUMAN RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 394-400, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

In order to promote holistic socioeconomic development among the nation’s tribal people, especially in rural areas, the Indian government has established a game-changing program known as the Pradhan Mantri Janjatiya Unnat Gramme Abhiyan (PMJUGA).  This ambitious program aims to empower over 5 crore tribal people living in over 63,000 villages by providing comprehensive development and empowerment for tribal families in villages with a tribal majority and aspirational districts.Based on information from the 2011 Census of India, the statement “over 5 crore tribal people living in over 63,000 villages” is made. In 2011, the Scheduled Tribe (ST) population was estimated to be 10.43 crore, or around 8.6% of India’s overall population, according to the Census. A report or analysis based on that census, which is frequently incorporated into government plans and programs, might specifically identify 5 crore indigenous people living in 63,000 villages.With the Ministry of Tribal Affairs leading the charge, PMJUGA aims to close the developmental divide between populations that are tribal and those that are not. By a number of focused actions, it aims to improve livelihood opportunities, infrastructure, education, and healthcare. Alongside enabling tribal groups to actively contribute to India’s wider economic prosperity, the initiative places a strong emphasis on protecting their cultural legacy.  With its focus on vital issues including connectivity, skill development, clean water availability, and sanitation, PMJUGA is well-positioned to establish a long-lasting framework for inclusive and empowered tribal communities. With this scheme, India’s tribal populations would no longer be marginalised but will instead play a vital role in the socioeconomic development of their country.

ARBITRARY POWER OF STATE: A CRITICAL ANALYSIS UNDER DICEY’S RULE OF LAW

AUTHORS – SRIRAM V M, SABARI VEERA V & TASNEEM BANU T, STUDENTS AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – SRIRAM V M, SABARI VEERA V & TASNEEM BANU T, ARBITRARY POWER OF STATE: A CRITICAL ANALYSIS UNDER DICEY’S RULE OF LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 384-393, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

This article critically examines the application a well as the limits of A.V. Dicey’s Rule of Law in the world of legal framework, focusing on the cases from the UK, US, and India. Dicey’s  Rule of Law explains the supremacy of law, equality before law, and protection of individual rights. However, this Rule of law faces challenges in modern governance, particularly in areas involving national security, administrative actions, and socio-economic inequality.

In the UK, Counter-terrorism legislation, such as the Terrorism Acts of 2000 and 2006, along with the Counter-Terrorism and Security Act of 2015, have been scrutinized for potential violations of civil liberties, such as unlawful detention and racial profiling. The US case studies focus on executive orders, such as Executive Order 13769 the Travel Ban, and how reviewing power of judiciary serves as a check on the power of executive. The Trump v. Hawaii decision exposed conflicts between national security and personal freedoms. In India, the Aadhaar contains biometric identification raised substantial privacy issues, leading to a landmark SC decision in 2018 that addressed issues of data protection and state surveillance.

This this research contends that although Dicey’s Rule of Law continues to be significant in promoting protecting individual rights and accountability, it falls short in addressing community rights and the socio-economic disparities that obstruct access to justice. The study advocates for the reforms that incorporate social and economic contexts into legal frameworks to ensure a more efficient use of the Rule of Law. These reforms including broadening access to legal aid programs, streamlining legal procedures, improving judicial diversity, and strengthening the enforcement of anti-discrimination legislation. Comparative analysis of legal  frameworks from Germany and France provides insights into how alternative models can more effectively tackle systemic inequalities.

The research concludes that modifying Dicey’s Rule of Law to present challenges requires interdisciplinary approaches, ongoing judicial reform, and stronger safeguards against administrative overreach. By integrating economic and social rights into legal systems, policymakers can ensure that justice is more accessible, equitable, and responsive to the needs of all citizens. This holistic approach is essential to uphold the principles of justice, equity and fairness in democratic governance.

Keywords: Rule of Law, A.V. Dicey, counter-terrorism laws, executive orders, Aadhaar, privacy, human rights, socio-economic inequality, judicial review, legal reform

INTERSECTIONALITY IN CRIMINAL LAW AND ITS IMPACT ON WOMEN

AUTHOR – MEGHNA SINGH, STUDENT AT MEERUT COLLEGE, MEERUT CHAUDHARY CHARAN SINGH UNIVERSITY, MEERUT

BEST CITATION – MEGHNA SINGH, INTERSECTIONALITY IN CRIMINAL LAW AND ITS IMPACT ON WOMEN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 375-383, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper delves into the complexities of gender and the Indian legal system, exposing the stark discrepancies in arrest rates, incarceration trends, and the subtle (and sometimes not-so-subtle) biases that weave a web of disadvantage for women.

DEBATE OF JUDICIAL REVIEW ON DELEGATED LEGISLATION IN INDIA: A CRITICAL ANALYSIS

AUTHOR – NAVEEN KUMAR M, STUDENTS AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – NAVEEN KUMAR M, A STUDY ON MIGRANTS AND THEIR HUMAN RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 372-374, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The increasing engagement of the judiciary within the realms of constitutional democracy in India has triggered debates on the issue of judicial review over subordinate legislation. Subordinate or secondary legislation refers to various secondary statutes legislated by the executive on behalf of the primary laws enacted by the legislature. It is important in the practice of administration to tackle certain details on matters like public health, the environment and labor law. Still, excessive delegation especially to the executive branch raises some red flags which the courts seek to settle through the ultra vires doctrine, which ensures that the delegated legislation conforms to the provisions of the enabling statute that is the primary law.

Issues of excessive delegation, tension in the non-delegation doctrine and practical necessity, and other nations ongoing problem of adequate control while avoiding judicial overreach are still prevalent to date. Courts have set some landmark decisions that have greatly limited the scope of delegating power, examples include the Re Delhi Laws Act case in 1951 and Hamdard Dawakhana v Union of India 1960. In the end, Indian judicial review does not subserve the principles of good governance, executive action and respect for the Constitution and other laws in the country. Delegated legislatures are necessary in ensuring that the lawmakers’ intent is followed without violation of the fundamental rights that are more often than not taken by the state in the name of efficiency. There rests the challenge that the courts must balance so that they do not enter into the sphere of making policy for the executive.

A STUDY ON MIGRANTS AND THEIR HUMAN RIGHTS

AUTHOR – R. MADHUMITHA, STUDENTS AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – R. MADHUMITHA, A STUDY ON MIGRANTS AND THEIR HUMAN RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 367-370, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The study delves into the connection between migrants and their human rights. Migrants are individuals who leave their home countries in search of opportunities such as education, employment, or to reunite with family. International human rights law, such as the UDHR (Universal Declaration of Human Rights) and the International Convention for the Protection of the Rights of All Migrant Workers and Members of Their Families, advocates for the rights of migrants. However, the enforcement of these laws and policies varies widely across the world due to economic, social, and political factors. This research aims to provide insight into the identity of migrants, the reasons for their migration, and the challenges they face, while also exploring their legal rights. The study evaluates the human rights framework that applies to migrants, highlights the gaps in policy implementation, and emphasizes the need for policies that respect and protect the rights of migrants. Ultimately, it recommends that governments strive to strike a balance between the human rights of migrants and the development of policies.

Keywords: Migrants, human rights, legal framework, Migration, Movement.

A STUDY ON INEFFECTIVENESS IN ADMINISTRATION SPECIFICALLY TOWARDS CYBERCRIME AND SOCIAL MEDIA

AUTHOR – K.RANJITH, STUDENTS AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – K.RANJITH, A STUDY ON INEFFECTIVENESS IN ADMINISTRATION SPECIFICALLY TOWARDS CYBERCRIME AND SOCIAL MEDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 360-366, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

This study approaches the ineffective administration in cybercrimes and social media. There are many cyber-crimes are occurring in the present world. It is because of the expansion of technological development, increase in internet usage and administrative incapability in processing a law towards it. The administration is facing difficulties in preventing the population from cybercrime towards legally. Cybercrime includes all type of internet scams and frauds. In absence of strengthened legal administration, makes the criminals to approach the population easily. There should be a strong administrative control to protect the population. Even though there are numerous sections, acts, policies, control mechanisms it is difficult to reduce the crimes in India. A country like India, which has largest population in the world, it is difficult to control but it is the duty of administrative bodies to take proper legal actions to control. A qualitative legal approach was applied in the research to accomplish a research objective. Data are collected from secondary (articles, books, publications, magazines) sources. According to the sources, India has many acts, policies and frameworks to control and prevent the cybercriminals in approaching the population. The implementations are poor and it is not enough for cybersecurity and to compete with cybercrimes. The Indian government is repeatedly formulating policies, improving laws, and finding the steps to reduce the crimes. But the India is facing cyber-attacks regularly. To prevent them, the government should improve technically and technologically. The technology can be destroyed only through technology.

Keywords: Social media, Cybercrime, IT act, administrative incapability, Legal frameworks.

ANALYSIS ON THE INTER- STATE WATER DISPUTES

AUTHOR – K.L. SUBARANJANA, STUDENTS AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – K.L. SUBARANJANA, ANALYSIS ON THE INTER- STATE WATER DISPUTES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 356-359, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Water is the needed source for all purposes in the world. There are certain steps that is need to be taken to preserve and consume for the future. In today’s generation the water is a medium which creates many problems and disputes in the society. This article says about the current and the past disputes among the countries related to water. These disputes needs to be solved to develop a friendly relationship among the countries. This article helps you to give a better understanding about the political scam regarding water that is being in practice since years. this article highlights the disputes which are already being solved by the government of Tamil Nadu. It also explains about the flaws that are associated with the Tamil Nadu government regarding the issues related to water. This article explains about the procedure that needs to be carried out for solving the disputes related to the water. there are certain constitutional provisions that are being formed by the framers of the constitution related to the water disputes in the society. there are certain agreements which are made that helped for solving the interstate water disputes. Water scarcity is the main problem that is prevailing in the society which needs to be prevented for the betterment of the future.

ANALYSIS ON THE ADMINISTRATIVE RELATIONS BETWEEN THE UNION AND THE STATES

AUTHOR – M. LAKSHMIRAJ & YESWANTH P.G, STUDENTS AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – M. LAKSHMIRAJ & YESWANTH P.G, ANALYSIS ON THE ADMINISTRATIVE RELATIONS BETWEEN THE UNION AND THE STATES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 352-355, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Government of India is a federal system of Government which consist of a dual government such as the Union Government and the State Government .Union Government refers to the activities of the union and the State Government refers to the activities of the State. The Union Government has a dominant control over the State Government. This article shows about the constitutional provisions that are made by the framers of the constitution for ensuring the smooth and perfect functioning of the administrative branch of the Government. This article gives you a knowledge about  the functions that are performed jointly by the Union and State Government. This article determines which is superior and dominant Union or State Government. This article says about the powers of the Union and the State Government.  This article says about how the executive power is exchanged between the union and the state.  This article states that whether any communications are made between the Union and the State and the information that needs to be communicated or not and the acts that are performed in respect of that communication.

AN ANALYSIS ON INTER-STATE WATER TRIBUNALS

AUTHOR – MAANASHA K, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – MAANASHA K, AN ANALYSIS ON INTER-STATE WATER TRIBUNALS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 348-351, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

                              The Constitution of India has given all the necessary powers to govern the water resources and to resolve disputes that arise in the use, control and distribution of inter-state rivers. Since the constitution talks only about the provisions relating to sharing and managing the resources between states and adjudication of disputes, the great deal since the independence of India is to flesh out the provisions of constitution and to implement its provision. However, these were not adequate giving rise to disputes at the central level as well as between two or more states and consequent politicisation of disputes. This article look beyond the proportional distribution of water among the stakeholders, including farmers, industries, local governments. This article deals with the national water tribunal with is essential in balancing developmental needs with ecological preservation. This tribunal adjudicates cases relating to agricultural, industrial, domestic and environmental matters. The purpose of water tribunal is generally to ensure that water resources are managed in a sustainable, fair and equitable way while taking into account the interests of all stakeholders involved. The national water tribunal is a quasi-judicial body which is specialised in resolving disputes arising related to water resources, allocation, and management. The major disputes on water resources is mainly due to population growth, industrialisation, and climate change and additionally due to conflicts over water rights, its usage and environmental impact which becomes more frequent and complex. This article discusses about the functions, significance, and challenges of the national water tribunal in maintaining water justice and promoting environmental sustainability.

IMPACT OF GLOBALISATION IN ADMINISTRATIVE LAW

AUTHOR – YAZHINI.M, SCHOOL OF EXCELLENCE IN LAW, TNDALU, CHENNAI

BEST CITATION – YAZHINI.M, IMPACT OF GLOBALISATION IN ADMINISTRATIVE LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 342-347, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The paper analyses the influence of globalization on the development of administrative law and its main process of regulation harmonization in international trade. Issues and opportunities, which bring out the view of reconciliation on state sovereignty, democratic accountability, economic efficiency with local policy preferences, are appreciated by this study as the new vision in the framework of administrative law reconciling international cooperation with democratic legitimacy and regulatory diversity. It suggests strategies by which agencies might fruitfully participate in global governance while holding onto local needs and values.