Author: PRASANNASRI26092001

A CRITICAL ANALYSIS ON THE EXISTING LAW – ISSUES & CHALLENGES IN RECONCILING PERSONAL LAWS WITH THE IDEAL OF UNIFORM CIVIL CODE IN INDIA

AUTHOR – S. SUDHARSANSIBI* & MRS.A GAYATHIRI**

* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – S. SUDHARSANSIBI & MRS.A GAYATHIRI, A CRITICAL ANALYSIS ON THE EXISTING LAW – ISSUES & CHALLENGES IN RECONCILING PERSONAL LAWS WITH THE IDEAL OF UNIFORM CIVIL CODE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 678-688, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I774

Abstract

This practice note outlines the principal aspects of employment-related anti-discrimination and anti-harassment laws in India. It examines various forms of discrimination and prohibited behavior, identifies protected characteristics, and discusses employer responsibilities, complaint procedures, penalties, and potential liabilities.

MANDATORY MEDIATION BEFORE LITIGATION: PROMISE OR PROCEDURAL HURDLE

AUTHOR – KARAN VERMA, FINAL YEAR LAW STUDENT, AMITY LAW SCHOOL NOIDA

BEST CITATION – KARAN VERMA, MANDATORY MEDIATION BEFORE LITIGATION: PROMISE OR PROCEDURAL HURDLE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 671-677, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The introduction of mandatory pre-litigation mediation marks a significant shift in India’s approach to commercial dispute resolution, reflecting a broader global trend toward consensual and efficient mechanisms. Envisaged under the Commercial Courts Act, 2015, compulsory mediation seeks to reduce judicial backlog, promote early settlement, and preserve commercial relationships. However, its practical implementation raises important questions regarding its effectiveness and procedural implications. This study critically examines whether mandatory mediation serves as a genuine opportunity for dispute resolution or merely operates as an additional procedural hurdle before accessing courts. It analyses the legislative framework, judicial interpretations, and emerging practices in India, with particular attention to timelines, enforceability of settlements, and parties’ willingness to engage in good faith. The research also explores comparative perspectives to evaluate how similar mechanisms function in other jurisdictions. While mandatory mediation holds promise in enhancing efficiency and reducing litigation costs, concerns persist regarding its potential misuse as a delaying tactic, lack of institutional infrastructure, and uneven quality of mediators. The paper argues that the success of compulsory mediation depends on its implementation, institutional support, and alignment with principles of access to justice. It concludes by suggesting reforms to strike a balance between procedural efficiency and substantive fairness in commercial dispute resolution.

Keywords: pre-litigation mediation, Commercial Courts, efficiency, substantive fairness, dispute resolution

ELECTORAL SYNCHRONICITY IN INDIA: A LEGISLATIVE AND CONSTITUTIONAL ANALYSIS OF THE ‘ONE NATION, ONE ELECTION’ FRAMEWORK

AUTHOR – HEMAALAYA. RA* & Ms. DIVYA .S**

* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – HEMAALAYA. RA & Ms. DIVYA .S, ELECTORAL SYNCHRONICITY IN INDIA: A LEGISLATIVE AND CONSTITUTIONAL ANALYSIS OF THE ‘ONE NATION, ONE ELECTION’ FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 663-670, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I772

Abstract

This paper undertakes a comprehensive legislative framework analysis of the One Nation, One Election (ONOE) proposal in India. ONOE envisions the simultaneous conduct of elections to the Lok Sabha and all State Legislative Assemblies, thereby eliminating the cycle of staggered polls that currently characterises Indian electoral democracy. The analysis examines the constitutional provisions governing the terms of Parliament and State Assemblies, the authority vested in the President and Governors for dissolution, the tensions inherent in India’s federal structure, and the amendments required to the Representation of the People Acts of 1950 and 1951.

The paper critically evaluates the Constitution (129th Amendment) Bill, 2024, and the HighLevel Committee Report led by former President Ram Nath Kovind. It examines doctrines such as the Basic Structure, the Remainder Term, the Appointed Date mechanism, and the proposed Logistical Deferment clause. Drawing upon landmark judicial decisions including Kesavananda Bharati v. State of Kerala, S.R. Bommai v. Union of India, and Samsher Singh v. State of Punjab the paper assesses the constitutional validity of ONOE and the procedural prerequisites for its implementation. The paper concludes by mapping the legislative roadmap and identifying the unresolved federal tensions that continue to delay ratification of the proposed amendments.

“MEMORY MANIPULATION AND CRIMINAL TRIALS”

AUTHOR – A. SANJEEV PRATHAP* & PACHAMUTHU**

* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – A. SANJEEV PRATHAP & PACHAMUTHU, “MEMORY MANIPULATION AND CRIMINAL TRIALS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 657-662, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I771

ABSTRACT

Human memory is a vital component of the criminal trial where testimony, victim statements and confessions have proven to be causes of wrongful conviction and acquittal. Studies from cognitive psychology and neuroscience indicate that memory is a reconstructive and not recorded process, which means it can be changed and distorted. This paper examines how memory alteration affects the criminal justice system, including the admissibility and evidential value of witness, victim and suspect accounts, procedural due process, and the problem of false conviction.

This paper will explore how memory alteration can take place due to interviewing techniques and investigations. More specifically it will examine how interrogation can distort memory through questions designed to implant suggestions, how misleading information can have an impact on memories through the application of suggestive line ups and how external suggestion, during a police interrogation for example, can cause the witness’ account and the memory they are referencing to be flawed. By using a cross-discipline approach involving psychology, neuroscience and legal theory this research highlights that witness confidence may be the result of stimuli other than that originally witnessed.

The traditional view of the credibility of an eyewitness’ testimony in a legal system and its conflict with that shown through science and evidence, will be analyzed. An examination of how an expert on the science of memory has been received by the courts, the limitations put in place on interrogations and safeguards applied to identification proceedings and standards placed on eyewitness evidence all demonstrate how existing protections are not enough to combat the fallibility of memory when applied with a significant reliance upon the reliability of an eyewitness to events.

The article will also discuss the reforms introduced in certain jurisdictions in contrast with the traditional view of eyewitness testimony within the criminal justice system. Specifically the impact of changes such as the reform of identification procedures and recording of interrogations and the addition of jury instructions regarding the process of remembering will be assessed. All of this is to determine the impact of scientific evidence within the criminal justice system and to provide models for future reform.

In conclusion, for the criminal justice system to ensure a fair trial based on accuracy, the fallibility of human memory must be taken into account. By adhering to research in the relevant sciences and implementing scientific findings within the criminal justice system the number of false convictions can be decreased while promoting the accuracy and validity of procedures and processes. The nexus between memory science and the criminal justice system offer’s promising areas for additional legal reform and scholarly research.

CRIMES AGAINST HUMANITY: DEVELOPMENT, INTERPRETATION, AND CHALLENGES IN PROSECUTION UNDER THE ICC STATUTE

AUTHOR – VIJAYAVEL CHOCKALINGAM A* & DR. EKTA GUPTA**

* STUDENT AT AMITY LAW SCHOOL, NOIDA, AMITY UNIVERSITY, UTTAR PRADESH

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, NOIDA, AMITY UNIVERSITY, UTTAR PRADESH

BEST CITATION – VIJAYAVEL CHOCKALINGAM A & DR. EKTA GUPTA, A COMPARATIVE STUDY OF REAL ESTATE REGULATION IN MUNICIPAL AND RURAL AREAS UNDER RERA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 611-656, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Crimes against humanity are among the gravest of international crimes. This category encompasses acts of unfathomable cruelty. Such acts must be committed as part of a widespread or systematic attack against a civilian population. Crimes against humanity have undergone a significant evolution from the invocation of the laws of humanity in the Martens Clause of the Hague Convention of 1907, through their formal codification in Article 6(c) of the Nuremberg Charter of 1945, to their most comprehensive modern definition in Article 7 of the Rome Statute of the International Criminal Court of 1998. This evolution reflects both the development of international criminal law and the changing nature of mass atrocity.

This dissertation aims to critically analyse the law relating to crimes against humanity as defined, interpreted and prosecuted under the Rome Statute. It tracks the evolution of the concept from its pre-Nuremberg origins through the ad hoc tribunals for the former Yugoslavia and Rwanda, culminating in the ICC’s evolving jurisprudence. The: it examines critically the main features of the Article 7 definition including the widespread or systematic attack requirement, the civilian population requirement, the policy element and mens rea as interpreted by the Pre-Trial Chambers, Trial Chambers and Appeals Chamber of ICC. It examines the main obstacles faced in prosecution at the ICC and responds to state non-cooperation, jurisdictional limitations, political selectivity and evidentiary problems. The focus of this article is the assessment of the ILC’s Draft Articles of 2019 on the Prevention and Punishment of Crimes Against Humanity.

The study employs a doctrinal legal research methodology, supplemented by historical data, comparisons of international criminal law, and institutional analysis. A cohesive theoretical framework based on natural law theory, positive international law theory, cosmopolitan justice theory, responsibility to protect doctrine, and Third World Approaches to International Law.

The principal findings show that although article 7 represents a significant advance in codification, the prosecution record of the ICC reveals interpretive ambiguities, jurisdictional gaps and institutional limitations that constrain its effectiveness. A dozen policy recommendations serve as evidence of developing an international legal framework as well as the ICC’s effectiveness.

Keywords: Crimes Against Humanity, Rome Statute, International Criminal Court, Prosecution Challenges, State Cooperation, Widespread Attack, Systematic Attack, Policy Element, Impunity, ILC Draft Articles

EXAMINING THE LEGAL LACUNAE IN LABOUR LEGISLATION: A STUDY ON SOCIAL SECURITY PROTECTION FOR UNORGANISED WORKERS IN INDIA

AUTHOR – KIRUBA KARAN K* & LAXMI PRIYA M**

* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – KIRUBA KARAN K & LAXMI PRIYA M, EXAMINING THE LEGAL LACUNAE IN LABOUR LEGISLATION: A STUDY ON SOCIAL SECURITY PROTECTION FOR UNORGANISED WORKERS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 606-610, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I769

INTRODUCTION

The unorganized sector is where most people in India work. There are no spoken contracts, no job security, and pay that is not always regular. The organized sector has protections in place through labour laws and other institutional processes. Still, unorganized workers are not mainly covered by formal social security systems.

Laws do not generally cover the working conditions of unorganized workers; rather, they are defended by informal agreements. These workers include agricultural labourers, construction workers, domestic workers, road merchandisers, and gig workers, who contribute significantly to the economy but remain socially and economically marginalised.

In recent times, like similar as migration, profitable instability, and the rise of informal and gig- based employment have further boosted the need for a robust social security frame. Although legislative measures similar as the Unorganised Workers’ Social Security Act, 2008 and the law on Social Security, 2020 have been introduced, their performance remains limited and largely scheme- based rather than rights- driven.

This study seeks to examine the legal frame governing social security for unorganised workers in India, identify gaps in legislation and perpetration, and estimate the effectiveness of being weal mechanisms.

AMENDING POWER IN THE INDIAN CONSTITUTION

AUTHOR – HEMANT MISHRA* & DR. KRITIKA NAGPAL**

* STUDENT AT AMITY LAW SCHOOL

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL

BEST CITATION – HEMANT MISHRA & DR. KRITIKA NAGPAL, AMENDING POWER IN THE INDIAN CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 598-605, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The evolution of constitutional and human rights jurisprudence in India reflects a dynamic and progressive transformation shaped by judicial creativity, socio-political developments, and an expanding understanding of fundamental rights. Since the adoption of the Constitution of India in 1950, the Supreme Court of India has played a pivotal role in interpreting and redefining the scope of rights, moving from a formalistic to a more purposive and rights-oriented approach. Initially, in cases like A.K. Gopalan v. State of Madras, the Court adopted a narrow interpretation of personal liberty. However, this approach underwent a significant shift in Maneka Gandhi v. Union of India, where the Court introduced the doctrine of substantive due process, thereby expanding the ambit of Article 21.

Over time, the judiciary has developed innovative doctrines such as the Basic Structure Doctrine in Kesavananda Bharati v. State of Kerala, ensuring that the core principles of the Constitution remain inviolable. Public Interest Litigation (PIL), pioneered in cases like S.P. Gupta v. Union of India, democratized access to justice and enabled the protection of marginalized groups. The Court has also interpreted fundamental rights to include socio-economic entitlements, as seen in Olga Tellis v. Bombay Municipal Corporation and Unni Krishnan v. State of Andhra Pradesh, thereby bridging the gap between Part III and Part IV of the Constitution.

CRIMINALIZATION OF COMMUNAL VIOLENCE IN INDIA: A JURISPRUDENTIAL ANALYSIS WITH SPECIAL REFERENCE TO OFFENCES AGAINST ARUNACHAL PEOPLE

AUTHOR – JOMLO LEGO* & PROF. S. JAMES**

* PH.D. RESEARCH SCHOLAR AT DEPARTMENT OF LAW, MANIPUR INTERNATIONAL UNIVERSITY, IMPHAL, MANIPUR

** PROFESSOR & DEAN DEPARTMENT OF LAW, MANIPUR INTERNATIONAL UNIVERSITY, IMPHAL, MANIPUR

BEST CITATION – JOMLO LEGO & PROF. S. JAMES, CRIMINALIZATION OF COMMUNAL VIOLENCE IN INDIA: A JURISPRUDENTIAL ANALYSIS WITH SPECIAL REFERENCE TO OFFENCES AGAINST ARUNACHAL PEOPLE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 590-597, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Communal violence in India has long posed a challenge to the constitutional promise of equality, justice, and fraternity. While the legal framework provides for criminalization of acts of violence, the lived experiences of marginalized groups reveal persistent gaps in enforcement and protection. This paper examines the law relating to communal violence with a special focus on criminal offences committed against the people of Arunachal Pradesh, a region often overlooked in mainstream legal discourse. By analyzing statutory provisions, judicial pronouncements, and socio‑legal realities, the study highlights how communal violence manifests uniquely in frontier states, where ethnic identity, migration, and political marginalization intersect. The paper argues that existing criminal law mechanisms, though comprehensive in theory, fail to adequately safeguard vulnerable communities in practice. It further explores the need for legislative reform, victim‑centric approaches, and institutional accountability to ensure that the criminal justice system responds effectively to communal violence. Ultimately, the research underscores the importance of contextualizing national legal frameworks within regional realities to achieve substantive justice for the Arunachal people and similarly situated groups across India. Communal violence in India represents not only a breakdown of law and order but also a profound challenge to constitutional morality and democratic governance. This paper investigates the criminal law framework addressing communal violence, with particular emphasis on offences against the Arunachal people, whose experiences reveal the intersection of ethnic identity, frontier geopolitics, and systemic neglect. Beyond statutory provisions, the study interrogates the role of investigative agencies, prosecutorial discretion, and judicial sensitivity in shaping outcomes for victims of communal crimes. It explores how inadequate documentation of offences, weak witness protection, and political pressures contribute to impunity. The research also situates Arunachal Pradesh within broader debates on minority rights, federal responsibility, and the duty of the State to prevent targeted violence. Comparative insights are drawn from other regions of India to highlight structural deficiencies and the uneven application of criminal law. The paper advocates for reforms such as specialized tribunals, community‑based monitoring mechanisms and restorative justice approaches to strengthen accountability. By contextualizing national legal frameworks within regional realities, the study underscores the urgent need for a victim‑centric, rights‑based approach to communal violence that ensures substantive justice for the Arunachal people and contributes to a more inclusive criminal justice system.

Keywords: Communal Violence, Criminal Justice System, Minority, Rights, Victim, Justice.

LEGAL CHALLENGES IN ADDRESSING PLASTIC POLLUTION AND MARINE LITTER

AUTHOR – S. SRIMATHI* & MS. ANNA JOHN**

* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – S. SRIMATHI & MS. ANNA JOHN, LEGAL CHALLENGES IN ADDRESSING PLASTIC POLLUTION AND MARINE LITTER, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 587-589, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

  Plastic pollution and marine litter have emerged a criminal environmental challenges with far- reaching ecological, and public health impacts and it also affect the living organisms in the sea. Despite the existence of multiple international conventions, national legislations, and reginal framework, the legal response to this issues remains fragmented and often inadequate. Gaps in enforcement, jurisdiction conflicts over marine areas, lack of uniform definition of plastic waste, and the transboundary nature of the marine litter complicate effective regulations. Furthermore, balancing environmental protection with economic and trade considerations poses additional hurdles. This paper examines the legal challenges in addressing plastic pollution and marine litter, focusing on limitations in existing legal instruments, cooperative, and enforceable legal framework the harmonizes global, regional and national effects to combat the escalating crisis of plastic pollution in the marine environment. 

Significant judicial interventions, most notably Sathish v. Union of India (Delhi High Court) this case involved pollution from industrial activities and led to the High Court directing authorities to initiate action against polluters, including criminal prosecution and demolition of illegal structures. The case law later transferred to the National Green Tribunal for further monitoring. 

This paper examines the existing legal framework, case laws, and enforcement mechanism related to plastic pollution and marine litter, which focus on impact to the environment. 

THE INDIAN LEGISLATIVE FRAMEWORK AND BIOPIRACY: A CRITICAL ANALYSIS

AUTHOR – SNOWMECA SREE S S* & Ms. ANNA JOHN**

* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – SNOWMECA SREE S S & Ms. ANNA JOHN, THE INDIAN LEGISLATIVE FRAMEWORK AND BIOPIRACY: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 576-586, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I765

ABSTRACT

This paper undertakes a rigorous doctrinal and analytical examination of two foundational dimensions of traditional knowledge protection under Indian law. Chapter III furnishes a critical audit of the principal legislative instruments through which India seeks to guard the intellectual heritage of its indigenous and local communities — encompassing the Patents Act 1970 (as amended), the Geographical Indications of Goods (Registration and Protection) Act 1999, the Protection of Plant Varieties and Farmers’ Rights Act 2001, and the Biological Diversity Act 2002. Chapter IV then subjects three landmark biopiracy controversies — the turmeric, neem, and basmati disputes — to granular legal scrutiny, tracing the manner in which each case exposed structural deficiencies in both domestic and international intellectual property frameworks and catalysed subsequent legislative and diplomatic responses.

The analysis reveals that India’s existing patchwork of legislative instruments, while individually innovative in certain respects, collectively fails to constitute a coherent or comprehensive system of traditional knowledge protection. The Patents Act’s defensive mechanisms prevent the wrongful grant of patents on traditional knowledge but confer no positive rights on knowledge-holding communities. The Biological Diversity Act’s access and benefit sharing framework is undermined by inadequate institutional capacity and fragmented enforcement. Geographical indications and plant variety protection offer narrowly circumscribed relief. Meanwhile, the biopiracy case studies demonstrate that successful challenges have been extraordinarily resource-intensive and structurally dependent on prior documentation — advantages that marginalised indigenous communities rarely possess.

The paper concludes by affirming that genuine protection for India’s traditional knowledge heritage demands the enactment of a sui generis legislative framework that accords positive collective rights to knowledge-holding communities, mandates genuine free prior informed consent, and institutes robust benefit-sharing mechanisms enforceable both domestically and in foreign jurisdictions.

Keywords: Traditional Knowledge; Biopiracy; Patents Act; Biological Diversity Act; TKDL; Geographical Indications; PPVFR Act; Access and Benefit Sharing; Turmeric Case; Neem Case; Sui Generis Protection; India.