Indian Journal Of Legal Review Issn 2583 2344

Author: PRASANNASRI26092001

  • CASE COMMENTARY: THE RAFALE JET DEAL-MANOHAR LAL SHARMA V. NARENDRA DAMODARDAS MODI

    JAGRUTI MOHANTY

    STUDENT AT NATIONAL LAW UNIVERSITY ODISHA, CUTTACK

    CASE COMMENTARY: THE RAFALE JET DEAL-MANOHAR LAL SHARMA V. NARENDRA DAMODARDAS MODI

    Best Citation – JAGRUTI MOHANTY, CASE COMMENTARY: THE RAFALE JET DEAL-MANOHAR LAL SHARMA V. NARENDRA DAMODARDAS MODI, 2 IJLR 61, 2022

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  • Speaker: Administrative Role or Quasi-Judicial Authority?

    Sanjana S Jain and Vishnu Mangalvedkar

    Students of School of Law, Christ (Deemed to be University)

    Speaker: Administrative Role or Quasi-Judicial Authority?

    Best Citation – Sanjana S Jain & Vishnu Mangalvedkar, Speaker: Administrative Role or Quasi-Judicial Authority?, 2 IJLR 52, 2022.

    Abstract

    The idea of ‘Constitutionalism’ is based on the principle that the supreme text of the land does not stay a dead letter. For the idea of Constitutionalism, it is essential to limit the powers of those who can otherwise make the constitution ineffective via the doctrine of separation of powers. This paper aims to study the impact of the tenth schedule on the essence of the Constitution. The provision which allows a Speaker to disqualify those members of the house who act in violation of the whip issued by the political party forms the subject matter of the literature. The usage of a whip by the political parties as a tool to stifle the expression of dissent in the legislative assembly has challenged the idea of constitutionalism by challenging the basic structure doctrine. Such an administrative act of the speaker can pose a threat to the Basic Structure of the Constitution such as the Rule of Law, Separation of Powers, Parliamentary Democracy and Representative form of government. An outbreak of events in various states across India has made the public ponder about the ‘apolitical’ nature of the Speaker’s post. The authors would examine the same after an analysis of various cases beginning with the case of Kihoto Hollohan until the recent case of Pratap Gouda Patil & Ors v. State of Karnataka. The authors would conclude by indicating the changes that could be brought about in pursuance of the ideals of justice, equality and liberty as enumerated under the concept of Transformative Constitutionalism.

    Key Words: Constitutionalism, Disqualification, Speaker, Separation of powers, Whip

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  • IS MANDATORY MEDIATION THE FUTURE OF DISPUTE RESOLUTION IN INDIA?

    SUSMITA MANDAL

    IS MANDATORY MEDIATION THE FUTURE OF DISPUTE RESOLUTION IN INDIA?

    Best Citation – SUSMITA MANDAL, IS MANDATORY MEDIATION THE FUTURE OF DISPUTE RESOLUTION IN INDIA?, 2 IJLR 46, 2022.

    Abstract

    In this paper, we will explore the necessity of mandatory mediation to solve the issue of numerous suits pending in the courts which can easily be solved by the alternative dispute resolutions. We will specifically focus on the concept of the mediation process, prevailing issues in the extant legislative framework in India and how these issues can be resolved by the process of mandatory mediation. We will study the various advantages and disadvantages of making mediation compulsory in certain cases. Therefore, we will attempt to suggest the most suitable framework for mandatory mediation in India, after studying the existing structures in other States like the UK and the US. Finally, we will try to justify how far mandatory mediation can be regarded as the future of mediation in India.

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  • MARITAL RAPE: SHOULD OR SHOULD NOT BE CRIMINALISED?

    HARSH CHOUBEY

    Student at The West Bengal National University Of Juridical Sciences, Kolkata

    MARITAL RAPE: SHOULD OR SHOULD NOT BE CRIMINALISED?

    Best Citation – HARSH CHOUBEY, MARITAL RAPE: SHOULD OR SHOULD NOT BE CRIMINALISED?, 2 IJLR 40, 2022

    Abstract

    Marital rape has become a concern that requires to be addressed immediately. It continues to strip women of their bodily autonomy and dignity within the four walls of their homes as we do not recognise it as a penal offence under the Indian Penal Code. The patriarchal outlook plagues the legislative authorities, and marriage is still considered a sacred institution that validates husbands to have sexual intercourse with their wives irrespective of their consent or willingness. This article discusses all the aspects of the issue of marital rape. In order to achieve the same, it analyses the relevant case authorities to substantiate the stance that the author takes in this article, i.e., the second exception to Section 375 of the Indian Penal Code should be struck down, thereby leading to recognition of marital rape as a penal offence. The global perspective on marital rape, with a primary focus on the UK, is also discussed to understand their rationale for striking down the marital rape exemption and to emphasise the changing trends in this domain.

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  • FEMALE REPRESENTATION IN COMPANY BOARDROOMS

    SUSMITA MANDAL

    FEMALE REPRESENTATION IN COMPANY BOARDROOMS

    Best Citation – SUSMITA MANDAL, FEMALE REPRESENTATION IN COMPANY BOARDROOMS, 2 IJLR 33, 2022

    Abstract

    In this research project, we will study the female representation in the company board and their impact upon the overall performance of the company. India has ranked very low in the female-to-male ratio of the workforce in the corporate sector in the past few years. This made it crucial to include provisions in the company laws regarding the appointment of women directors. However, this provision was restricted only to certain classes of companies. Moreover, there were many companies that did not comply with such provisions. The companies which did were mostly found to be appointing their family members to the board and that too, not in positions that required a certain degree of expertise. These loopholes make the whole purpose behind introducing such feministic concepts meaningless and renders them ineffective. In this research project, we will analyse in detail how this situation can be improved

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  • DIGITAL ECONOMY & COMPETITION LAW: A CONUNDRUM

    Padmavathy Nehru

    Student at Gujarat National Law University.

    DIGITAL ECONOMY & COMPETITION LAW: A CONUNDRUM

    Best Citation – Padmavathy Nehru, DIGITAL ECONOMY & COMPETITION LAW: A CONUNDRUM, 2 IJLR 22, 2022

    ABSTRACT

    The internet realm has grown exponentially over the years and with the advent of digitalization, the increasing audience to the digital economy has resulted in the outburst growth of this sector. As the internet grows, web-based businesses are increasingly becoming the subject matter of competition concerns given the emergence and growth of large internet companies such as Google, Yahoo!, eBay, MySpace etc which have assumed a dominant position in the search engine market, social networking market and e-commerce market. Since this sector is evolving quickly, its contours are beginning to take shape and several globally dominant firms now play significant roles. The Competition Commission of India (CCI) has been facing a number of complaints against e-commerce retailers for abusing their dominant position. Major concerns relating to exclusive supply/distribution agreements and predatory pricing have arisen before CCI. Therefore, there is a growing need for competition authorities and courts to exercise greater care in balancing the protection of consumers from anticompetitive behavior and harm caused from interfering in complex businesses. The concept of ‘Competition Issues in the Digital Economy in India’ and its shortcomings with respect to the existing framework has been widely debated and discussed in the past. The existing literature has been analyzed to understand the value addition that can be added through this paper. Although the challenges of the present e-commerce sector have been well established in the multiple studies conducted, the present paper builds on the existing literature by focusing on the contemporary CCI decisions, the ‘CCI Market Study on E-commerce’ 2020 that have potentially shaped the competition law jurisprudence & posing alternative recommendations to deal with the legislative shortcomings.

    Keywords – E-commerce, Competition, Digital Economy, Competition Commission of India

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  • CONSTITUTIONAL OVERHAUL TO ADDRESS SHORTCOMINGS IN JUDICIAL FRAMEWORK

    Srushti S Kekre
    Student at Gujarat National Law University

    CONSTITUTIONAL OVERHAUL TO ADDRESS SHORTCOMINGS IN JUDICIAL FRAMEWORK

    BEST CITATION – Srushti S Kekre, CONSTITUTIONAL OVERHAUL TO ADDRESS SHORTCOMINGS IN JUDICIAL FRAMEWORK, 2 IJLR 16, 2022

    ABSTRACT

    The Constitution is the supreme law of the country which is the fulcrum of various democratic institutions. It is a sacrosanct document for a democratic country and it is transformed with the advancement in society to maintain its relevance with the changing times. Owing to its adapting nature, the Constitution is a guiding light for the citizens even after seventy years since its inception. Judiciary is often referred to as one of the most significant pillars of democracy. It is the guardian of the Constitution, hence it should observe the highest standards of ethics, transparency, equity, fairness and moral conscience while decision-making. However, various issues like rising vacancies of judges, pendency of cases, lack of transparency in appointment of judges, etc. are few of the many loopholes that make the judiciary less efficient. This article makes an attempt to analyse the issues which act as a barrier for an effective judicial framework. Further, it discusses the impact of these impediments on various stakeholders. Lastly, the article will conclude with plausible constitutional and infrastructural reforms that can be adopted to promote a fair, transparent and expeditious judicial mechanism.

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  • ANTI-MONEY LAUNDERING REGIME IN THE ONLINE CENTURY: AN INTERNATIONAL PERSPECTIVE

    Ashwin Singh Student of Symbiosis Law School, Pune

    ANTI-MONEY LAUNDERING REGIME IN THE ONLINE CENTURY: AN INTERNATIONAL PERSPECTIVE

    Best Citation – Ashwin Singh, ANTI-MONEY LAUNDERING REGIME IN THE ONLINE CENTURY: AN INTERNATIONAL PERSPECTIVE, 2 IJLR 6, 2022

    ABSTRACT

    Money Laundering has been one of the core issues in India and most of the developing countries around the world. In simple terms, Money Laundering could be described as the conversion of money earned from illegitimate sources into legitimate income and thus legalize a blatantly illegal activity. . The term originated from Mafia Groups in the United States, however now it has become a buzzword in almost all the countries around the world. IMF estimates 3% to 4% of the world GDP to consist of laundered money. To prevent the money laundering mechanisms in the world, various anti-money laundering regimes have been established. However, now, with the rise of technology, new methods of money laundering, and various other issues are plaguing the anti-money laundering regime, therefore, it becomes important to understand the lacunas in the regime and suggest specific reforms to prevent money laundering. Thus,, it becomes extremely crucial to develop understanding and raise awareness towards the issue of money laundering at the global level. The paper firstly analyses the innovative ways of money laundering being used, alongside discussing other challenges posed by money laundering . Subsequently, the current lacunas in the international anti-money laundering regime have been examined and concludingly, emerging trends and solutions for the anti-money laundering regime have been explored.

    Keywords: Online Century, Money Laundering, International Framework, Lacunas, Effective Anti-Money Laundering Mechanisms, etc.

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  • ADEMPTION OF LEGACIES

    HARDIK GUPTA

    ADEMPTION OF LEGACIES

    Best Citation – HARDIK GUPTA, ADEMPTION OF LEGACIES, 2 IJLR 1, 2022

    ABSTRACT

    The paper deals with the analysis of the provisions of ademption of legacies in the Indian succession act 1925. The subject is inserted in the chapter XVI of the act and specifically deals with what all constitute ademption of legacy and what all do not? The meaning of the term means the extinction of legacy either due to extinction or legacy or by an act of testator when he himself uses the legacy and exhausts it. Ademption also takes place when the legatee is transferred the legacy before the death of the testator and in such case the legatee is not entitled to that legacy which he receives after the death of the testator, this type of ademption is called ademption by satisfaction. In the following parts of the paper the types of ademption, along with what all constitute ademption of legacy are dealt with in the light of the act.

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  • The Constitution and Human Rights in India

    Bhavesh Khatri

    Student at BM Law College, Jodhpur, Rajasthan

    The Constitution and Human Rights in India

    Best Citation – Bhavesh Khatri, The Constitution and Human Rights in India, 3 IJLR 107, 2022.

    Abstract

    Human Rights are the rights and privileges that form the condition for the peaceful coexistence and for individual growth in the society. With fresh memories of the awful violations of human rights in the colonial period, after the independence, the law makers were in a complete agreement of enshrining the human rights in the Indian Constitution, so the law of the land is there to protect the citizens from any such future infringements. Human rights have existed in the society for ages and will continue with the humanity as absence of human rights would destroy the harmonious coexistence. The Constitution encompasses many of the rights of the International Bill of Rights within it, majorly present in the Fundamental Rights (Part III) and the Directive Principles of the State Policy (Part IV) of the Indian Constitution. India has not accepted the International Bill of Rights as such, it has taken inspiration from it and modified them to suit and serve the needs of India. Apart from the Constitution as the savior of the human rights, the role played by the Judiciary to ensure justice and human rights to everyone is commendable. The courts have played a pinnacle role in interpreting the circumstances of the cases and enforcing the suitable right. The Judiciary has not only ensured justice in the field of human rights but has also widened the scope of the existing rights to make them more meaningful and comprehensive. But there exist various challenges to the human rights due to the changing world dynamics, which require the constitution and all the organs of the government working in coherence with each other and may even require international cooperation to overcome such issues, which if not worked upon may lead to human crisis.

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