Author: PRASANNASRI26092001

TOWARDS A UNIFIED LEGAL FRAMEWORK: THE JOURNEY OF IMPLEMENTING THE UNIFORM CIVIL CODE IN INDIA

AUTHOR – DR SANCHITA RAY, ASSISTANT PROFESSOR AT SHARDA SCHOOL OF LAW, SHARDA UNIVERSITY, GREATER NOIDA

BEST CITATION – DR SANCHITA RAY, TOWARDS A UNIFIED LEGAL FRAMEWORK: THE JOURNEY OF IMPLEMENTING THE UNIFORM CIVIL CODE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1571-1581, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

A Uniform Civil Code refers to a standardized set of laws applicable to all citizens of the nation, irrespective of their religious affiliations, regarding personal matters like marriage, divorce, adoption, inheritance, and succession.

Presently, diverse religious communities in India adhere to distinct personal laws, developed over time through various legislative acts. Examples include the Hindu Marriage Act, Hindu Succession Act, Indian Christian Marriages Act, Indian Divorce Act, and Parsi Marriage and Divorce Act. Notably, Muslim personal laws lack codification and are rooted in religious texts, though certain aspects are explicitly acknowledged through acts like the Shariat Application Act and Dissolution of Muslim Marriages Act.

Article 44 of the Indian Constitution, a Directive Principle of State Policy, articulates that “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.” While Directive Principles are not enforceable by courts, Article 37 emphasizes their fundamental role in governance, and it is the State’s duty to apply these principles in legislating.

A series of landmark court rulings, including the notable Minerva Mills case of 1980, have affirmed that maintaining a balance between the Fundamental Rights and the Directive Principles of State Policy is a core aspect of the Constitution’s basic structure. The verdict in this case emphasized, “The foundation of the Indian Constitution is the equilibrium between Fundamental Rights and Directive Principles,” underscoring this balance as pivotal. Similarly, the Supreme Court in the Dalmia Cement Case of 1996 declared that the Constitution’s preamble, its Fundamental Rights, and Directive Principles—this triad—form the Constitution’s moral core. Numerous rulings have reinforced the notion that Directive Principles are crucial in the nation’s governance, compelling the State to endeavor towards achieving the goals outlined in these principles. The preamble of the legislation proposed by Uttarakhand concerning the Uniform Civil Code references Article 44, indicating that the law is being drafted in adherence to this constitutional mandate to ensure that all citizens residing in the state are governed by a unified legal framework.

TOWARDS EQUITABLE ACCESS: ADVANCING LEGAL EDUCATION AND PRO BONO INITIATIVES IN INDIA

AUTHORS – ADVIKA DEVANSHI & ADITYA JAIN, STUDENTS AT SYMBIOSIS LAW SCHOOL, NOIDA

BEST CITATION – ADVIKA DEVANSHI & ADITYA JAIN, TOWARDS EQUITABLE ACCESS: ADVANCING LEGAL EDUCATION AND PRO BONO INITIATIVES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1559-1570, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The legal aid movement and reports of numerous legal aid committees between the 1960s and the 1970s highlighted the value of experiential learning. In India, this is considered as an important period that contributed to the emergence of legal aid education in India. The lack of resources and the inaccessibility of the constitutional provision of ‘Access of Justice’ to all was the primary goal of enrolling law students in the national legal movement along with increasing their sense of responsibility to the society. 

Roscoe Pound, one of the greatest philosophers of all times laid emphasis on the fact that the purpose of modern law is nothing but that of social engineering. There is a moral responsibility, therefore, on the lawyers to construct a society on this basis. However, there are two major challenges which the legal professionals face which include- the gaps in the learning mechanism of law and the gaps in the concept of law and justice. It is the need of the hour to overcome these difficulties and make legal education interactive and reachable not just among the legal fraternity but also amongst the society at large aiming for awareness and access to justice.

It is important to accept the fact that justice is not common for all and the law must strive to reach a middle ground to serve the maximum, which can only be achieved when social engineers step up to shape the society. Some of the methods other than involving themselves in pro bono activities are adoption of the workshop model, campaigns, group discussions through fish bowl method or sticky note methods. Legal assistance in India has a very vast background and is supported by decades of law, constitutional reasoning, and several state-funded initiatives. The pro bono tradition, however, continues to be under development. The necessity for such services outweighs the availability, despite legal professionals, deemed universities and even non-governmental organisations offering their services

EXAMINATION OF ARTICLE 29 AND ARTICLE 30 OF THE INDIAN CONSTITUTION: PROTECTION OF MINORITIES RIGHTS

AUTHORS – SHAGUN TIWARI* & SARITA YADAV**, STUDENT* & ASSISTANT PROFESSOR** AT AMITY LAW SCHOOL, AMITY UNIVERSITY LUCKNOW

BEST CITATION – SHAGUN TIWARI & SARITA YADAV, EXAMINATION OF ARTICLE 29 AND ARTICLE 30 OF THE INDIAN CONSTITUTION: PROTECTION OF MINORITIES RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1556-1558, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The cultural, educational, and linguistic rights of minorities are strongly protected by the Indian Constitution. Articles 29 and 30 safeguard the rights of linguistic and religious minorities in particular with relation to culture, language, script, and the establishment and administration of educational institutions. This essay examines these two important articles’ significance, practical applications, and legal interpretation. It looks at how they have supported national cohesion and inclusivity while letting minorities keep their own identities. It also discusses the need to create a thin line between state regulatory objectives and minority rights. The end of the paper emphasises the significance of Articles 29 and 30 in upholding secularism and democratic values in India.

Keywords: cultural , safeguard , minority rights , cohesion , secularism

ANTITRUST IN INDIAN FILM DISTRIBUTION INDUSTRY AND ESSENTIAL LEGAL REFORMS

AUTHOR – VIVEK JAIN, STUDENT AT SCHOOL OF LAW, UPES DEHRADUN

BEST CITATION – VIVEK JAIN, ANTITRUST IN INDIAN FILM DISTRIBUTION INDUSTRY AND ESSENTIAL LEGAL REFORMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1533-1539, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The author looked at the aspect of Competition in the Indian Film Distribution Industry, the production industry being a part of it, and has tried to cover aspects like market trends, geographical differences, market features, legal challenges through legal disputes and judgements. The Primary and Secondary material is collected through law libraries, Internet, Journals and Periodicals. The research work is empirical in nature with essence of doctrinal method being used. The article identified the on ground issues related to Antitrust and recommends suitable bases of improvements to sustain competition in the market.

AN ANALYTICAL STUDY OF LAW RELATING TO EXTRADITION LAW IN INDIA WITH REFERENCE TO RECENT CASES

AUTHORS – ARVIND KUMAR PANDEY* & DR. JAY PRAKASH YADAV**, STUDENT* & PROFESSOR** AT AMITY LAW SCHOOL, AMITY UNIVERSITY LUCKNOW

BEST CITATION – ARVIND KUMAR PANDEY & DR. JAY PRAKASH YADAV, AN ANALYTICAL STUDY OF LAW RELATING TO EXTRADITION LAW IN INDIA WITH REFERENCE TO RECENT CASES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1540-1548, APIS – 3920 – 0001 & ISSN – 2583-2344.

1. ABSTRACT

Extradition is the surrender of a person accused or convicted of an offence within the jurisdiction of the requesting nation, by one nation to another.^[1] The matter of extradition has huge significance in international law and relations. Extradition treaties and conventions form the most engaging part of international engagements between countries. It also forms a very important part of criminal justice system and is considered an act of good faith in terms of surrendering of an accused or convict by a country to the requesting country, where in the offence is committed in the territory of the latter State. Most of the extradition treaties and arrangements are entered into on the principle of reciprocity, wherein when a country surrenders a person to the requesting country, the expectation or legal agreement is that that country shall do the same when so requested. This study understands the evolution of extradition as a concept of international law, the Extradition Act and important aspects of it. It also analyses and discussed the important cases in the Indian jurisdiction on the issue of Extradition and lays down the important principles laid down in those cases. Further, it analyses the extradition treaty between United Kingdom and India. This study is done with the objective to explore further the concept of extradition by studying the established principles and understand its workings.

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[1] P. Ramanatha Aiyar’s Concise Law Dictionary, Lexis Nexis, Fifth Edition, Page.476.

THE PRESSING NEED OF HAVING STRONG LAWS ON MISLEADING ADVERTISEMENTS

AUTHOR – NANDAN RATHI, STUDENT AT HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR

BEST CITATION – NANDAN RATHI, THE PRESSING NEED OF HAVING STRONG LAWS ON MISLEADING ADVERTISEMENTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1549-1555, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Advertising plays an important role in the contemporary economy of the country as it influences the market trends and consumption. While there are many benefits of advertising the product, there are also concerns about the product if the advertisement is misleading or false. Advertisement on any product by any company should be factual and based on reasons to believe to be true. Misleading advertisement is violation of consumer rights and amounts to unfair trade practices. It not only affects the consumer interest but also harms the business and company reputation. There are many cases where a company is found guilty of making misleading advertisements. To counter such cases, there is a strong need of having stricter enforcement mechanisms and laws to counter this problem.

Key Words- Misleading Advertisement, FSSAI, ASCI, Unfair practices, Consumer Protection

BALANCING THE BEACH – SMART CITY V. SUSTAINABLE CITY

AUTHORS – SHRIYA AGRAWAL & DR. ANUJ KUMAR SHARMA, STUDENT* & ASSISTANT PROFESSOR** AT AMITY UNIVERSITY, LUCKNOW

BEST CITATION – SHRIYA AGRAWAL & DR. ANUJ KUMAR SHARMA, BALANCING THE BEACH – SMART CITY V. SUSTAINABLE CITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1529-1532, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Earth is in the focal point of a gigantic ecosphere. Climate change is the utmost condemnatory matter in question is influencing our globe and is to a great extent ascribable to personage pursuit. Weather change brings with it unfavorable consequences such as ultimatum to habitat and ecospheres, threats to personage well being with regard to their health, increasing sea levels due to the bundled unfreezing of glaciers and ice caps, accelerated water stress and declined family productiveness. These matters in question are operating quite a number of economies and cities all around the globe to aim on reducing greenhouse discharges to counter weather swapping effects. Cities report for the bulk of the globe’s greenhouse gas discharges and power utilization. As cities in nearly all countries are drivers of economic development, urbanization is estimated to carry on growing in the time ahead of. This will, drive the exhaustion of non-renewable resources and add on to carbon dioxide discharges. Revolution and computerized technology must be capitalized to tackle the standards of living. To label urbanization difficulties and challenges and to make sure sustainability, inventiveness must be clubbed with energy, computerized technology and details and transmissions technology. Sustainability surrounds not only the surrounding but also communal fairness and the economy. The world is observing a move remunerative energy corridors, as India and China are contemplated to be the most authoritative economies to look out for. These appearing economic colossus require to take preventative measures to stay away from the destructive impacts of weather change.

FEMALE CRIMINALITY: A PRACTICAL UNDERSTANDING

AUTHOR – DEEPIKA K, STUDENT AT SCHOOL OF LAW, PRESIDENCY UNIVERSITY, BENGALURU

BEST CITATION – DEEPIKA K, FEMALE CRIMINALITY: A PRACTICAL UNDERSTANDING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1522-1528, APIS – 3920 – 0001 & ISSN – 2583-2344.

There is a lengthy history of criminal behavior among female offenders.  Since 1945, there has been a noticeable growth. In criminology, women’s involvement in crime has primarily been linked to a higher level of apathy than men. Women have naturally developed into the foundation of every community. A woman is constrained by numerous traditional standards, particularly in a nation like India, and is expected to play the roles of a mother, a nurturer, and a defender of morality, social custom, and the unity of a family. Women encounter numerous opportunities barriers in both their professional and personal lives as a result of these expectations. The social milieu, particularly in a patriarchal society, has a significant role in the criminalization of women, according to psychologist Anchal Bhagat. A woman’s fate cannot be altered, notwithstanding the Indian Constitution’s provision of equal rights and privileges. She does not receive the credit and respect she deserves despite her equal commitment and great achievement in both her schooling and her job. In general, women commit different crimes than males do. The nature of the crime, its repercussions, the approach taken, the criminal weapon used, and the victim of choice can all be considered as examples of where there are variances. It is challenging to ignore the reality that crimes committed by women typically have a stronger emotional component than those committed by men.The number of women detained for cognizable offenses between the ages of 18 and 30 increased from 64,369 (4.13 percent) in 2018 to 1,91,508 (6.15 percent) in 2019 (NCRB, 2019). In this paper, we attempt to comprehend the causes of the rise in female offenders since 1945 as well as the types of crimes in which most female offenders are involved. In an effort to comprehend their mental states during the commission of crime, we have also made an effort to contact the female offenders who are detained in Bangalore. We also want to examine the disparities in treatment between male and female offenders and legislative gaps in this area.

INDIA’S COLLEGIUM SYSTEM: EXPLORING ITS HISTORY, FUNCTIONING, BENEFITS, AND DRAWBACKS

AUTHOR NAME – KANISHK MOR, STUDENT AT GUJARAT NATIONAL LAW UNIVERSITY, SILVASSA CAMPUS, DEPARTMENT OF LAW (LLM)

BEST CITATION – KANISHK MOR, INDIA’S COLLEGIUM SYSTEM: EXPLORING ITS HISTORY, FUNCTIONING, BENEFITS, AND DRAWBACKS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1512-1521, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Indian Collegium System, a distinctive framework for judicial appointments, has been lauded and criticized since its inception. This paper aims to provide an in-depth exploration of the Collegium System, tracing its historical development, examining its operational mechanics, and evaluating its benefits and drawbacks. The system emerged from a series of landmark Supreme Court judgments, namely the First, Second, and Third Judges Cases, which collectively shifted the power of judicial appointments from the executive to the judiciary. This transformation was intended to enhance judicial independence by minimizing political interference. However, the Collegium System’s functioning has been marked by several contentious issues. While it has successfully ensured a judiciary free from executive overreach, it has also been criticized for its lack of transparency and accountability. The decision-making process within the Collegium is often perceived as opaque, with little public insight into the criteria and deliberations involved in the selection of judges. This has led to allegations of nepotism, favoritism, and inefficiency, raising questions about the system’s overall effectiveness. Moreover, the Collegium’s structure and processes have faced scrutiny regarding their ability to address the growing demands of India’s judicial landscape. The paper discusses these criticisms in detail, highlighting the various dimensions of the debate surrounding the Collegium System. Despite its shortcomings, the system’s role in maintaining judicial independence remains a significant achievement. The exploration also includes proposed reforms and alternative models to enhance transparency and accountability while preserving the core principle of judicial independence. This comprehensive study of the Indian Collegium System seeks to contribute to the ongoing discourse on judicial reforms in India. By examining its history, functioning, and myriad perspectives on its efficacy, the paper aims to provide valuable insights for policymakers, legal practitioners, and scholars interested in the quest for a more transparent, accountable, and effective judicial appointment process.Keywords: Indian Collegium System, judicial appointments, judicial independence, Supreme Court of India, transparency, accountability,

SPACS- A BOON OR A CURSE?

AUTHOR – JHANVI JAIN & KARNIKA SINGH, STUDENT AT KIIT UNIVERSITY, SCHOOL OF LAW

BEST CITATION – JHANVI JAIN & KARNIKA SINGH, SPACS- A BOON OR A CURSE?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1504-1511, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Special Purpose Acquisition Company or SPACs are an alternative method of getting unlisted companies listed without it going through the hassles of an Initial Public Offer (IPO). They are basically blank-check companies with no operations of their own, formed with the sole purpose of getting an unlisted company listed by acquiring or merging it. It has a life span of two years, and if it does not manage to merge with any other company in the span of 18-24 months it is liquidated and all its funds are returned to its original investors. SPAC came into existence roughly 20 years ago in the United States of America. SPACs were initially seen as a pump and dump scheme as they led investors to lose money by defrauding them into believing that they were going to merge with a company and pump up the prices and later the insiders would sell the shares before the truth could be exposed to the retail investors. This situation led the Congress to lay down a basic regulatory framework and posed a requirement for money to be deposited in a regulated escrow account and barring its use until the acquisition/ merger was complete.^[1]

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[1] Prashant Singhal, Pranav Sayta, ‘Special Purpose Acquisition Company (SPAC) Ernst and Young’ <https://www.ey.com/en_in/strategy-transactions/spac-services > last accessed on 6th December 2023