Author: PRASANNASRI26092001

REALISING SOCIAL AND ECONOMIC JUSTICE UNDER THE INDIAN CONSTITUTION FROM CONSTITUTIONAL PROMISE TO PRACTICAL REALITY

AUTHOR – JAYA PRIYA S* & DR. JAYENDRA KASTURE**

* RESEARCH SCHOLAR, VIT SCHOOL OF LAW, CHENNAI.

** ASSOCIATE PROFESSOR, VIT SCHOOL OF LAW, CHENNAI.

BEST CITATION – JAYA PRIYA S & DR. JAYENDRA KASTURE, REALISING SOCIAL AND ECONOMIC JUSTICE UNDER THE INDIAN CONSTITUTION FROM CONSTITUTIONAL PROMISE TO PRACTICAL REALITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (10) OF 2026, PG. 116-124, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I1013

Abstract:

“So long as you do not achieve social liberty, whatever freedom is provided by the law is of no avail to you.”

-Dr. B.R. Ambedkar

The Constitution of India embodies a transformative vision aimed at fostering an inclusive and just social order through the principle of equitable distribution of resources. Rooted in the idea of distributive justice, it seeks not merely to regulate economic arrangements but to correct entrenched social and economic disparities that have historically disadvantaged large sections of society. This constitutional philosophy reflects a commitment to ensuring that the benefits of development are shared in a manner that prioritizes human dignity and collective welfare. An examination of the Preamble, Fundamental Rights and Directive Principles of State Policy reveals a coherent framework designed to harmonize individual freedoms with social responsibility. While the Preamble lays down the foundational ideals of justice, social, economic, and political. The Fundamental Rights act as enforceable guarantees against inequality and exploitation. Complementing these, the Directive Principles provide a guiding vision for the State to actively promote welfare and reduce disparities in wealth and opportunity. Together, these elements form a dynamic mechanism that seeks to balance competing interests and create conditions for substantive equality. Thus, the Indian constitutional scheme serves as a powerful instrument for restructuring societal relations, ensuring that economic progress does not come at the cost of social justice, but instead contributes to a more balanced and humane order.

Keywords: Social Justice, Equality and Equity, Social Justice, Fundamental Rights, Distributive Justice, Socio-Economic Transformation.

JUDICIAL INTERVENTION IN ARBITRATION: A JURISPRUDENTIAL NECESSITY OR AN ANACHRONISTIC ENCUMBRANCE?

AUTHOR – OJASKAR MISHRA, STUDENT AT KES SHRI JAYANTILAL H. PATEL LAW COLLEGE

BEST CITATION – OJASKAR MISHRA, JUDICIAL INTERVENTION IN ARBITRATION: A JURISPRUDENTIAL NECESSITY OR AN ANACHRONISTIC ENCUMBRANCE?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (10) OF 2026, PG. 101-115, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research paper endeavours to critically examine the ambit and contours of judicial intervention under the Arbitration and Conciliation Act, 1996, while simultaneously interrogating whether the Indian arbitral framework has succeeded in achieving an equitable reconciliation between arbitral autonomy and indispensable judicial supervision. The study undertakes a nuanced analysis of the ramifications of judicial interference upon the efficiency, expedition, confidentiality, and finality that constitute the very raison d’être of arbitral proceedings in India. It further evaluates the efficacy of successive legislative amendments introduced with the avowed objective of restraining excessive court intervention and fortifying arbitration as a credible and efficacious mechanism of alternative dispute resolution.

The paper additionally undertakes a comparative appraisal of India’s arbitral regime vis-à-vis globally acclaimed arbitration-friendly jurisdictions such as Singapore, United Kingdom, and France, with a view to discerning the institutional and jurisprudential practices that have rendered these jurisdictions preferred arbitral seats. In doing so, the study identifies the persistent structural and procedural impediments that continue to afflict the Indian arbitration ecosystem and advances a series of recommendations aimed at invigorating institutional arbitration, attenuating procedural delays, safeguarding confidentiality, and consolidating India’s aspirations of emerging as a formidable hub for international commercial arbitration.

BEYOND TRADITIONAL CONTRACTS: SMART CONTRACTS AND THE TRANSFORMATION OF INDIAN COMMERCIAL LAW

AUTHOR – BAIBHABA CHINHARA, LLM STUDENT, G.M. LAW COLLEGE, SRI VIHAR, PURI

BEST CITATION – BAIBHABA CHINHARA, BEYOND TRADITIONAL CONTRACTS: SMART CONTRACTS AND THE TRANSFORMATION OF INDIAN COMMERCIAL LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (10) OF 2026, PG. 81-100, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I1011

ABSTRACT

The digital transformation of commerce has introduced smart contracts—self-executing, code-based agreements on blockchain infrastructure—that challenge traditional legal doctrines by automating performance and minimizing intermediaries. While gaining global traction across finance and supply chains, their legal status within Indian commercial law remains doctrinally fragmented. This article critically examines whether existing Indian statutory frameworks, particularly the Indian Contract Act, 1872, and the Information Technology Act, 2000, can accommodate these blockchain-enabled arrangements. It interrogates foundational legal questions surrounding automated offer and acceptance, algorithmic consent, the enforceability of self-executing obligations, and the evidentiary admissibility of decentralized records. Furthermore, the study analyzes the technological anatomy of smart contracts, distinguishing between legal contracts expressed in code and autonomous software protocols, to highlight legal complexities that conventional doctrines fail to address. Through a comparative examination of regulatory developments in the US, UK, Singapore, EU, and UAE, the article highlights an international movement toward the formal recognition of blockchain contracting. Against this backdrop, it argues that India’s existing legal framework, though interpretively flexible, is structurally inadequate for resolving the jurisdictional, liability, and consumer protection challenges posed by algorithmic transactions. The study concludes that smart contracts necessitate a paradigm shift in commercial jurisprudence. India must move beyond mere interpretive accommodation and develop a coherent legislative architecture that balances technological innovation with legal certainty, contractual fairness, and commercial accountability.

Keywords: Smart Contracts; Indian Contract Law; Blockchain Technology; Algorithmic Transactions; Commercial Jurisprudence; Digital Contracts.

PROPERTY RIGHTS IN HUMAN BIOLOGICAL MATERIALS: A CASE STUDY OF JOHN MOORE V. REGENTS OF THE UNIVERSITY OF CALIFORNIA (1990)

AUTHOR – SARAH RAMESH, STUDENT AT ST JOSEPH’S COLLEGE OF LAW

BEST CITATION – SARAH RAMESH, PROPERTY RIGHTS IN HUMAN BIOLOGICAL MATERIALS: A CASE STUDY OF JOHN MOORE V. REGENTS OF THE UNIVERSITY OF CALIFORNIA (1990), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (10) OF 2026, PG. 71-80, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper examines the critical legal and ethical failures in property rights for human biological materials, focusing on the landmark case John Moore v. Regents of the University of California (1990). The California Supreme Court’s decision created a profoundly unjust paradox: third parties can patent and commercialize human cells while the person from whose body they were removed has no ownership rights or financial benefits. This paper argues that denying property rights in excised tissue violates fundamental human dignity, undermines patient autonomy, and enables systematic exploitation—particularly of women, whose ova and reproductive tissues face disproportionate commercialization without adequate informed consent. The court’s reliance on the flawed “abandonment theory” and bias toward protecting the biotechnology industry over individual rights demonstrates judicial misconduct incompatible with justice. Through analysis of ownership theory, personhood theory, and intellectual property versus bodily property conflict, this paper reveals how the current legal framework fails to protect individual rights while claiming to facilitate medical innovation. The paper proposes comprehensive legislative reform establishing limited donor property rights, mandatory benefit-sharing mechanisms, explicit commercial use consent requirements, and prohibitions on direct human cell patenting. True medical advancement does not require the denial of human rights. The path forward demands a balanced framework protecting both individual autonomy and scientific progress, recognizing that individuals are rightful owners of their biological materials and deserve control, benefit sharing, and the right to refuse commercial exploitation. Keyword: Property rights in human biological materials, John Moore v. Regents of the University of California (1990), Human tissue commercialization, Patient autonomy and informed consent, medical ethics and biotechnology, Donor ownership rights, Benefit-sharing mechanisms, Feminist jurisprudence and bodily autonomy, Intellectual property vs. bodily property, Human dignity and personhood theory

THE LEGAL METAMORPHOSIS OF RESIDENTIAL PROPERTY: A STUDY OF SECTION 5 OF THE TRANSFER OF PROPERTY ACT WITH SPECIFIC REFERENCE TO AIRBNB AND SHORT-TERM RENTALS IN INDIA

AUTHOR – ANNAREYA MARIA D’ALMEIDA, STUDENT AT ST. JOSEPH’S COLLEGE OF LAW

BEST CITATION – ANNAREYA MARIA D’ALMEIDA, THE LEGAL METAMORPHOSIS OF RESIDENTIAL PROPERTY: A STUDY OF SECTION 5 OF THE TRANSFER OF PROPERTY ACT WITH SPECIFIC REFERENCE TO AIRBNB AND SHORT-TERM RENTALS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (10) OF 2026, PG. 62-70, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The proliferation of digital platforms such as Airbnb, MakeMyTrip, OYO Rooms, and Zostel has fundamentally reconfigured how Indian homeowners monetise residential property. This paper examines the legal complexity that arises when a private dwelling is converted — even temporarily — into a commercial hospitality venture. Anchoring the analysis in Section 5 of the Transfer of Property Act, 1882, which defines “transfer of property” and delineates permissible interests in immovable property, the paper interrogates whether short-term letting constitutes a “licence” or a “lease” under Indian law and what cascading regulatory consequences flow from that classification. Deploying doctrinal legal research, comparative statutory analysis, and qualitative case-study methodology, the paper maps the multi-layered framework of municipal laws, zoning regulations, fire-safety codes, foreign exchange management norms, GST obligations, and income-tax provisions that a homeowner-turned-short-term-host must navigate. The paper concludes that while no single statute prohibits the short-term rental model, the absence of a dedicated regulatory architecture creates profound legal uncertainty for individual hosts, platform operators, and local governments alike, and advocates for a bespoke legislative framework akin to models adopted in Singapore and France.

Keywords: Section 5 TPA; short-term rental; Airbnb India; OYO; licence versus lease; zoning law; GST; sharing economy; residential-to-commercial conversion.

THE LEGAL AND REGULATORY CHALLENGES GOVERNING PROSTITUTION AS A RIGHT OF LIVELIHOOD IN INDIA

AUTHOR – RISHEL ALMEIDA B.COM., LL.B., ST.JOSEPH’S COLLEGE OF LAW

BEST CITATION – RISHEL ALMEIDA, THE LEGAL AND REGULATORY CHALLENGES GOVERNING PROSTITUTION AS A RIGHT OF LIVELIHOOD IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (10) OF 2026, PG. 53-61, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I108

ABSTRACT

In this paper, prostitution is especially examined from the perspective of property law. The question of whether and to what extent the legal system should acknowledge or control the commercial exchange of sexual services arises from property theory, constitutional law, and comparative law. The primary query is whether you have the right to sell the use of your body if you own it. And if you do, is it constitutionally permissible for the State to intervene and limit that right?

The subject body is how you exercise all of your rights, not just what you have rights over. Prostitution directly raises fundamental property law questions that legal scholars have mostly overlooked. Prostitution is the exchange of sexual access for money. Is it possible to own your body in the same manner that you own stuff outside your body? Does the right to sell, which ownership entails, extend to commercial sex? If so, what restrictions should the law impose to stop coercion, exploitation, and loss of dignity?

India’s Immoral Traffic (Prevention) Act, 1956^[1], stands in uncertainty. It criminalises everything related to sex work, but it does not outlaw it. Sex workers are essentially kept in a legal limbo by the law. It sees sex workers’ bodies as a topic of social concern rather than personal power, blurs the distinction between consent and compulsion, and denies them the safeguards provided in similar occupations. The study finishes with specific recommendations for law and policy that are in line with both constitutional principles and the realities of those impacted, after examining how Sweden, New Zealand, and the Netherlands handle this and drawing on Indian and international court judgments.

Keywords: Prostitution, sex work, body as property, self-ownership, bodily autonomy, Immoral Traffic (Prevention) Act 1956, Article 21, Article 19(1)(g), decisional autonomy, K.S. Puttaswamy, Budhadev Karmaskar, consent, coercion, trafficking, decriminalisation, comparative sex work law, Swedish model, New Zealand Prostitution Reform Act, Dutch model, labour rights,

---

^[1] Immoral Traffic (Prevention) Act, 1956, [hereinafter ITPA].penalized,

CHANGING PERSPECTIVE OF MARRIAGE AND DIVORCE IN THE CONTEMPORARY ERA WITH SPECIAL REFERENCE TO THE HINDU LAW

AUTHOR – KOMAL KOTHARI, ASSISTANT PROFESSOR AT A.I.’S BARRISTER A.R. ANTULAY COLLEGE OF LAW

BEST CITATION – KOMAL KOTHARI, CHANGING PERSPECTIVE OF MARRIAGE AND DIVORCE IN THE CONTEMPORARY ERA WITH SPECIAL REFERENCE TO THE HINDU LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (10) OF 2026, PG. 48-52, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I107

Abstract

Marriage has held a prominent position under the Hindu law . Our culture acknowledges marriage as a sacrament and sacrosanct. They are believed to be eternal. But with the codification of the Hindu law and passing of the Hindu Marriage Act in 1955 it attained several new characteristics leading it to be a blend of sacrament and contract. Terms like divorce, judicial separation, etc took away the eternal feature of marriage and provided and opportunity to legally end the marriage. This article throws light on the changing trends of marriage as well as divorce under the Hindu Law in the contemporary era. It analyses the evolution of divorce jurisprudence through the Fault Theory, Breakdown Theory, and Mutual Consent Theory as embodied in the Hindu Marriage Act, 1955. It also speaks about the growing acceptance of divorce and the factors responsible for the same. The author recognises education, financial independence, changing gender roles, globalization, and growing awareness of mental health as key drivers of this transformation. The author also appreciates the proactive role of the judiciary through several case laws in stepping beyond the statutes and addressing social realities by invoking powers under article 142 of the Constitution. With transformation comes new challenges and concerns. The author discusses emerging challenges associated with changing marital relationships, including misuse of legal provisions, gender-related concerns, and criminal incidents arising from marital discord. The article concludes by emphasizing the need to balance individual autonomy with social responsibility through counselling, mediation, and child welfare measures, while advocating legal reforms that reflect contemporary realities without losing sight of the cultural and social significance of marriage in Indian society.

Key Words : Marriage, Sacrament, Divorce, Irretievable Breakdown, Judicial Activism

THE CONCEPT OF IDENTIFICATION PARADE AND DEFENCE OF ALIBI IN THE ZAMBIAN LEGAL SYSTEM  

AUTHOR – COUNSEL COLLINS NKUMBWA, ESQ.

CIP, LL.B, LL.M, AHCZ. ASCZ, PHD CAND.

LECTURER OF LAW AND COMMISSIONER FOR OATHS 

PRINCIPAL AUTHOR’S EMAIL – COLLINSNKUMBWA4@GMAIL.COM

BEST CITATION – COUNSEL COLLINS NKUMBWA, THE CONCEPT OF IDENTIFICATION PARADE AND DEFENCE OF ALIBI IN THE ZAMBIAN LEGAL SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (10) OF 2026, PG. 43-47, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Zambian legal system is premised on the concept of adducing evidence to establish both the commission of the offence and linking the accused to the alleged offence. This requirement necessitates elimination of the danger of false complaint and false accusation. This paper has established that an identification parade is vital in law of evidence to establish whether the accused person is the person who committed the offence. This paper has discussed various factors that are considered necessary to determine whether the identification parade can be said to be fair to an accused person. Similarly, the paper has established that an identification parade is critical when it comes to the defence of alibi. The prosecution has the onus to establish whether the accused was present at the crime scene during the day and time when the offence was committed. The judicial precedents take cognisance of the weaknesses of this type of evidence as illustrated in this paper.  

Keywords – Identification, Alibi, Admissibility, evidential weight, honesty and reliability.

ARTICLE 21 AND THE EVERYDAY INDIAN: RIGHTS WE DON’T REALISE WE USE

AUTHOR – VIVEK KISHANDAS VAISHNAV, STUDENT AT DECCAN EDUCATION SOCIETY’S SHRI NAVALMAL FIRODIA LAW COLLEGE

BEST CITATION – VIVEK KISHANDAS VAISHNAV, ARTICLE 21 AND THE EVERYDAY INDIAN: RIGHTS WE DON’T REALISE WE USE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (10) OF 2026, PG. 37-42, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I105

Abstract

Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty, is among the most expansively interpreted provisions in constitutional history. Yet, despite its vast scope, the majority of Indian citizens remain unaware of the extent to which it governs their daily existence. This article seeks to bridge that gap by tracing the judicial evolution of Article 21 from its narrow interpretation in A.K. Gopalan v. State of Madras (1950) to its transformative expansion in Maneka Gandhi v. Union of India (1978) and mapping its application across everyday life situations including travel, environmental rights, healthcare, privacy, and livelihood. Through an analysis of landmark Supreme Court and High Court judgments, this article demonstrates that Article 21 functions as a living, breathing guarantee that silently protects citizens from the moment they wake until they sleep. The article concludes by equipping ordinary citizens with practical remedies for common violations, arguing that an informed citizenry is the most effective guardian of constitutional rights.

Keywords: Article 21, Indian constitution, Evolution of article 21, M.C. Mehta, Everyday rights, Judicial Interpretation, Golden triangle.

A STUDY ON “IS SURROGACY ANALOGOUS TO LEASE UNDER PROPERTY LAW”

AUTHOR – DIKSHITH N, STUDENT AT ST JOSEPH’S COLLEGE OF LAW

BEST CITATION – DIKSHITH N, A STUDY ON “IS SURROGACY ANALOGOUS TO LEASE UNDER PROPERTY LAW”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (10) OF 2026, PG. 27-36, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

However, in asking whether the concept of surrogacy is analogous to that of lease in the realm of property law, one inevitability ventures into the territory of testing the limits of imagination when it stretches far enough to wrap the same principles it attempts to impose. Under section 105 of the transfer of property act, 1882, a lease entails the transfer of a right to use immovable property within a specific zone or time period against the payment. At first glance, surrogacy bears similarities to a lease because it is a temporal or a temporary agreement, make use of the service of a woman temporarily, and in a commercial arrangement, even involves monetary compensation

This paper, where the subject of such an analogy to critical survey. While  the existence of some structural similarities between surrogacy and lease, especially in terms of the structure of contracts involved, it is my position that the analogy collapses once it is subjected to the survey in light of constitutional principles, international human rights standard , and the basic tenet of law according to which the human body is non property and should not be reduced to property. As provided for in the surrogacy regulation act of 2021, only altruistic  surrogacy is allowed in India.

From doctrinal, comparative and moral perspective this paper proves that not only is the lease analogy legally deficient but it is also unconstitutional and morally hazardous. By defining the function of the surrogate in terms of her being a mere custodian of someone else “property”, she loses all the attributes of humanity that are associated with agency, integrity, and humanity. Finally, the paper offer proposals to further consolidates and improve the current legal framework while maintaining its human rights orientation.

Keywords:- surrogacy, lease, property law, human dignity, Bodily autonomy, Altruistic surrogacy, commercial surrogacy, Transfer of property act, 1882, Surrogacy regulation act, 2021