Author: PRASANNASRI26092001

A COMPARATIVE STUDY BETWEEN THE APPLICATION OF THE DOCTRINE OF ULTRA VIRES IN ADMINISTRATIVE LAW, COMPANY LAW, AND CONSTITUTIONAL LAW

AUTHORS – HARIROOPAN.M & BHUVANESH.J, STUDENTS AT SCHOOL OF EXCELLENCE IN LAW, CHENNAI

BEST CITATION – HARIROOPAN.M & BHUVANESH.J. CHOPRA, A COMPARATIVE STUDY BETWEEN THE APPLICATION OF THE DOCTRINE OF ULTRA VIRES IN ADMINISTRATIVE LAW, COMPANY LAW, AND CONSTITUTIONAL LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 50-49, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The doctrine of ultra vires plays an important role across various branches of law, ensuring that actions taken by authorities, entities, or individuals do not exceed beyond the powers that are legally granted to them. This article examines the application of the doctrine of ultra vires across three major branches of law. It analyses the development of the doctrine and its presence in administrative law, company law and constitutional law and compares its application between them. In administrative law, the article examines how ultra vires prevent the government and the public authorities from overstepping their statutory powers. In company law, it explores the restriction of the company and directors to act beyond the objectives stated in its articles. In constitutional law, it examines how the supreme law of the land confers limitations on other ordinary laws. Through a detailed comparison of how the same doctrine is applied in different fields of law and their distinct interpretations and uses, this article highlights the safeguards and legal accountability provided by this doctrine, contributing to the restriction on legal overreach and promoting lawful governance.

ENVISIONING ETHNIC CLEANSING AS A SEPARATE HEADING UNDER THE ROME STATUTE

AUTHOR – PRAKHAR ADITYA, STUDENT AT THE WEST BENGAL NATIONAL UNIVERSITY OF JURIDICAL SCIENCES (NUJS), KOLKATA

BEST CITATION – PRAKHAR ADITYA, , ENVISIONING ETHNIC CLEANSING AS A SEPARATE HEADING UNDER THE ROME STATUTE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 56-62, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This article’s primary purpose is to explore the inclusion of the term ‘Ethnic Cleansing’ which, although has remained in popular usage, holds no legal connotation in the present world. The author believes that ethnic cleansing and genocide need to be differentiated to ensure that proper delivery of justice takes place. With the broad but hard-impacting header of genocide, the International Court of Justice has had to tread lightly and very few judgments have been delivered which hold that genocide did happen. These are extremely specific trials, like the Nuremberg Trials, wherein the Nazi had left extremely detailed plans^[1]. Thus, a separate head of ‘Ethnic Cleansing’ is necessitated.

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[1] Layla Quran, ‘What’s the difference between genocide and ethnic cleansing?’, PBS Newshour, (Sept. 8, 2023), https://www.pbs.org/newshour/world/whats-the-difference-between-genocide-and-ethnic-cleansing.

THE APARAJITA BILL – UNDEFEATED WOMEN

AUTHOR – VARUN K. CHOPRA, ADVOCATE, SUPREME COURT OF INDIA

BEST CITATION – VARUN K. CHOPRA, THE APARAJITA BILL – UNDEFEATED WOMEN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 46-49, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

The recent introduction of the ‘Aparajita Anti-Rape Bill’^[1] by the West Bengal Chief Minister Mamata Banerjee in the West Bengal Assembly marks a significant legislative step towards addressing the alarming rise in sexual offenses against women and children in the state. Named after the term “Aparajita,” meaning “undefeated,” the bill aims to provide justice to victims of heinous crimes like rape and child abuse by implementing stricter punishments, including the death penalty. The proposal comes in the wake of public outrage over the brutal rape and murder of a young woman doctor at the state-run RG Kar Medical College and Hospital^[2] in Kolkata, underlining the urgent need for reform. The bill not only amends specific provisions of the Bharatiya Nyaya Sanhita (BNS) 2023, but also seeks to create a more victim-centric legal framework. This article explores the intricacies of the Aparajita Bill, its key provisions, relevant case laws, its potential impact on improving law and order, and how it can be effectively implemented in other states across India.

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[1] Bill No. 13 of 2024

[2] In Re: Alleged Rape and Murder of Trainee Doctor in RG Kar Medical College Hospital, Kolkata and related Issues. (The matter is sub-judice in the Hon’ble Supreme Court of India).

ENVIRONMENTAL JUSTICE AND MARGINALIZED COMMUNITIES IN INDIA: ANALYZING THE ROLE OF LAW AND JUDICIAL INTERVENTIONS

AUTHOR – NIVEDITA SAHU, LLM SCHOLAR AT JSS LAW COLLEGE, MYSURU

BEST CITATION – NIVEDITA SAHU, ” ENVIRONMENTAL JUSTICE AND MARGINALIZED COMMUNITIES IN INDIA: ANALYZING THE ROLE OF LAW AND JUDICIAL INTERVENTIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 40-45, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

In recent years, environmental justice has emerged as a vital aspect of human rights debate, particularly in developing countries that include India. Environmental justice can be described as equal consideration and significant involvement of all people, irrespective of race, color, a nation or income, in the establishment, execution, and implementation of environmental rules and regulations. It aims to reduce the disproportionate ecological damage that impoverished communities—such as Scheduled Tribes, Dalits, and rural populations—often bear.^[1]

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^[1] United Nations Environment Programme (UNEP). “Environmental Justice and Human Rights: An Emerging Framework.” Report, UNEP, 2019.

“DIGITAL DIPLOMACY: ETHICAL MEDIATION IN THE AGE OF INNOVATION”

AUTHOR – BERADAR AKASH, STUDENT AT CHRIST ACADEMY INSTITUTE OF LAW

BEST CITATION – BERADAR AKASH. F, “DIGITAL DIPLOMACY: ETHICAL MEDIATION IN THE AGE OF INNOVATION”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 35-39, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

How can we balance technological advancements with ethical mediation practices in today’s digital age? Anticipated on the backdrop of the social media era challenging the legal framework of today’s society, mediation – one of the vital pillars of conflict resolution – opens itself up to a brand-new potential, as well as emerging ethical concerns. This essay, “Digital Diplomacy: Ethical Mediation in the Age of Innovation,” addresses the dilemma that has been on the improvement of technology in the carrying out of mediation services. From the exploration of the historical background of mediation and the description of its principles, the modern approaches in mediation, and the ethical issues that accompany the applicability of new technologies in the field, this essay would be useful to anyone who needs a guide to mediate in the digital age. In this paper, we look at the corresponding case laws and legal measures to enable an understanding of how to effect ethical and efficient mediated communication in the context of a technologically developed society.

Keywords– Digital diplomacy, Ethical Mediation, Technological Advancement, Confidentiality, Case Laws

SOURCES OF THE INTERNATIONAL LAW OF THE SEA

AUTHOR – ANTONY MERCY. F, LLM STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – ANTONY MERCY. F, SOURCES OF THE INTERNATIONAL LAW OF THE SEA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 20-34, APIS – 3920 – 0001 & ISSN – 2583-2344.

1.Abstract

“Sea” denotes to vast body of waters consisting of numerous uncontrolled natural resources. So, to regulate the administration and functioning of this gigantic body of waters and all those which dwells on this body of waters, a branch of public international law has been emerged. The primary function of the international law involves the spatial distribution of the jurisdiction of the states. This essay is mainly focus on the Sources of Law of sea. The law of the sea is a body of customs, treaties, and international agreements by which governments maintain order, productivity, and peaceful relations on the sea. Further, this paper discusses about the international treaties and agreements and customary practices followed by the states.

Keywords: Sources – International – Law – Sea – Customs – Agreement – UNCLOS

TRANSPARENCY ACROSS BORDERS: A COMPARATIVE STUDY OF RTI LAWS IN INDIA AND PAKISTAN

AUTHOR – AGAM DIXIT, INDEPENDENT LEGAL RESEARCHER AND WRITER BASED IN AGRA, INDIA

BEST CITATION – AGAM DIXIT, TRANSPARENCY ACROSS BORDERS: A COMPARATIVE STUDY OF RTI LAWS IN INDIA AND PAKISTAN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 14-19, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper provides a detailed comparative analysis of the Right to Information (RTI) laws in India and Pakistan, two nations with a common heritage but varying approaches to democratic transparency. It assesses the historical evolution, legal frameworks, and the implementation challenges of RTI laws in both countries, exploring how they facilitate or impede public access to government-held information. The analysis utilizes international best practices, particularly those outlined by ARTICLE19, to evaluate the effectiveness of these laws in promoting governmental transparency and accountability. Key challenges such as bureaucratic resistance, political instability, and legal loopholes are discussed, highlighting their impact on the enforcement of RTI provisions. Recommendations are provided to enhance the robustness and effectiveness of RTI laws, aiming for an adherence to global standards of open government.

Keywords: Right to Information, transparency, governmental accountability, India, Pakistan, comparative law, bureaucratic resistance

CRIMINOLOGICAL THEORIES IN THE CONTEXT OF DEVELOPING COUNTRIES

AUTHOR – TANMAY JAIN, STUDENT AT BENNETT UNIVERSITY (TIMES OF INDIA GROUP)

BEST CITATION – TANMAY JAIN, CRIMINOLOGICAL THEORIES IN THE CONTEXT OF DEVELOPING COUNTRIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 01-13, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Criminological theories, predominantly developed in Western Contexts, often fail to fully capture the complexities of the crime patterns in the developing countries. This research paper undertakes a comparative study to analyse the applicability of key criminological theories such as strain theory, Social Disorganisation theory and Routine Activity Theory within socio-economic, cultural, and political landscapes of developing countries. By examining crime patterns in selected case studies from the Global South, this study identifies unique factors influencing criminal behaviour, including political instability, economic disparities, rapid urbanization, and diverse cultural norms. The findings reveal significant limitations in the current application of these theories, highlighting the need for their adaptation to account for context-specific realities. The paper argues for a more nuanced approach to criminological research that integrates local knowledge and addresses the distinctive challenges faced by developing countries. Based on the comparative analysis, the study provides policy recommendations for more effective, context-sensitive crime prevention and intervention strategies. The research contributes to the field by expanding the theoretical framework of criminology to be more inclusive and globally relevant, offering insights for future studies and practical applications in criminal justice policy-making.

CYBER CRIMES: AN IN-DEPTH ANALYSIS

AUTHOR – ADITYA PRAKASH, LL.M STUDENT FROM AMITY LAW SCHOOL

BEST CITATION – ADITYA PRAKASH, CYBER CRIMES: AN IN-DEPTH ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1594-1595, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The rapid advancement of technology and the increased interconnectedness of digital systems have led to the emergence of cyber crimes as a significant global issue. This paper explores the definition of cyber crimes, various types, their impact on society, the methods used by cybercriminals, and legal frameworks for combating these crimes. Furthermore, it discusses preventive measures and the role of education in mitigating risks associated with cyber crimes.

AN ANALYTICAL STUDY OF CRIMINAL PROCEDURE (IDENTIFICATION) ACT 2022 WITH SPECIAL REFERENCE TO HUMAN RIGHTS PERSPECTIVE

AUTHOR – ANKIT YADAV, LLM GRADUATE FROM AMITY UNIVERSITY LUCKNOW

BEST CITATION – ANKIT YADAV, AN ANALYTICAL STUDY OF CRIMINAL PROCEDURE (IDENTIFICATION) ACT 2022 WITH SPECIAL REFERENCE TO HUMAN RIGHTS PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1559-1593, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

The Identification of Prisoner’s Act, 1920, which permitted police officials to take measures of those who were convicted, detained, or were awaiting trial within criminal cases, was replaced by Criminal Procedure (Identification) Act, 2022, which was approved by Parliament within April 2022. The Criminal Procedure (Identification) Act of 2022 allows police personnel legal authority to collect biological plus bodily samples from both suspects plus convicted criminals. police may gather information under Sections 53 plus 53A of CrPc (Code of Criminal Procedure) 1973.