Indian Journal Of Legal Review Issn 2583 2344

Author: PRASANNASRI26092001

  • The level of Gender Neutrality in Indian Constitution

    Ajitesh Kunder

    Amity Law School, Amity University, Noida, Uttar Pradesh

    The level of Gender Neutrality in Indian Constitution

    Best Citation – Ajitesh Kunder, The level of Gender Neutrality in Indian Constitution, 3 IJLR 103, 2022

    Abstract

    We have talked about gender difference for eras. If we say equality, it means that both men and women should be equal, but if we talk about the Indian Constitution, it is far from reality. It is true that women in India face lot of discrimination in various fields due to which special provisions have been made in the Indian Constitution, but unfortunately, many such provisions are highly biased towards the people of other gender identities apart from women of the country . Especially, men seem to be victims of the so-called women empowerment legislations. Section 377 has been scraped by the Hon’ble Supreme Court but still it is extremely painful to even think that the LGBTQ+ community are not being accepted in our society and even the Constitution of India is biased towards them in many aspects. All the above issues go against the goals of the Preamble and violates the basic Fundamental Rights of the citizens especially males and the third gender.

    Key Words: Biased, LGBTQ+ Community, Women, Men, Reservation, Discrimination, Fundamental Rights, Constitution, Gender Neutrality.

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  • Current Status of Right to Reject (NOTA)

    Shwet Kamal

    Student at Central University of South Bihar, Gaya (Bihar)

    Current Status of Right to Reject (NOTA)

    Best Citation – Shwet Kamal, Current Status of Right to Reject (NOTA), 3 IJLR 95, 2022

    ABSTRACT

    The country we love has a constitution which looks upon the freedom of speech and expression as one of the most important hallmark of a free democratic society. Article 19(1) (a) confirms the freedom of Speech and expression of every citizens and right to reject is one of the facet of it. The will of the people is the basis of the authority of government; this will is expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. In the case of PUCL v. Union of India , the Apex Court of India held that rules 41(2) & (3) and 49-O of the Conduct of Election Rule, 1961 are ultra vires to the section 128 of the Representation of Peoples Act, 1951 and Article 19(1) (a) of the Constitution of India to the extent they violate secrecy of voting. The Court further directed the Election Commission to provide necessary provision in the ballot papers or EVMs and another button called “None of the Above” (NOTA) may be provided in EVMs so that the voters, who come to the polling booth and decide not to vote for any of the contesting candidates, are able to exercise their right not to vote while maintaining their right of secrecy. However, if NOTA gets the maximum votes election is not nullified. To implement the right to reject fully, it has been argued that good governance is one of the motivating factor behind the right to reject and it cannot be successfully achieved without nullifying the election if NOTA gets maximum votes.

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  • A CASE STUDY OF INTERSTATE TRADE, COMMERCE IN INDIA

    RAJ KRISHNA, LL.M. NLIU Bhopal

    And

    SAGARIKA SWAPNIL, ADVOCATE AT PATNA HIGH COURT [ENROLLED WITH PATNA HC BAR ASSOCIATION]

    A CASE STUDY OF INTERSTATE TRADE, COMMERCE IN INDIA

    Best Citation – RAJ KRISHNA & SAGARIKA SWAPNIL, A CASE STUDY OF INTERSTATE TRADE, COMMERCE IN INDIA, 3 IJLR 88, 2022

    ABSTRACT

    Part XIII of the Indian Constitution deals with trade, commerce and intercourse within the territory of India. This Part provides for both Inter-State as well as Intra-State commerce in India. It is important to understand that a federal country can never have a uniform economy. Some of the units of a federal country may be good in the field of agriculture, the other in the industrial sector. Some States will produce the raw materials whereas the other will process and manufacture them. As a result, it is important that all the inter-state trade barriers are removed so that every unit of the country may prosper. For the last 70 years the Constitutional Courts in India have tried to maintain a balance between the sovereign power of a State to impose tax and the right of a business entity to do business without being charged with discriminatory taxes. In the year 2016 a nine-judge bench of the Supreme Court upheld the constitutional validity of the Entry Tax imposed by States on goods coming in from other states. The Court ruled that “a tax on entry of goods into a local area for use, sale or consumption therein is permissible although similar goods are not produced within the taxing state.” However, the majority in its ruling did not define what comes under the ambit of local areas. The majority on the aspect of local areas ruled that “the question that whether the entire State can be notified as a local area and whether entry tax can be levied on goods entering the landmass of India from another country are left open to be determined in appropriate proceedings.” As a result, it is important to undertake a study upon this topic

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  • TRANSFORMATIVE CONSTITUTIONALISM: BEGINNING OF A NEW ERA IN THE CONSTITUTIONAL LAW OF INDIA

    Akshay Jain Ph.D.

    Research Scholar, Gujarat National Law University (GNLU), Gandhinagar, India.

    TRANSFORMATIVE CONSTITUTIONALISM: BEGINNING OF A NEW ERA IN THE CONSTITUTIONAL LAW OF INDIA

    Best Citation – Akshay Jain, TRANSFORMATIVE CONSTITUTIONALISM: BEGINNING OF A NEW ERA IN THE CONSTITUTIONAL LAW OF INDIA, 3 IJLR 82, 2022.

    Abstract

    The post-colonial world marked a significant transformation in the Asian and the African political and social order so as to ensure to their citizens a better and promising future. India, among various other dominions, emerged as an independent nation tasked with the monumental project of constitution making for establishing a just political and social order for its citizens. Among various contemporaries, the Constituent Assembly of India gifted Indian citizens an indigenous constitution that has endured for more than seven decades while becoming the longest surviving constitution in the post-colonial world with its promise of dispensing justice intact to date. However, the role of transformative process involved therein still remains an underexplored subject in the domain of constitutional jurisprudence. This article identifies, explains and analyzes constitutional transformation in India in relation to the concept of transformative constitutionalism as this has formed the very basis of successful working of the Indian constitution. Through an understanding of the interplay of these core transformative concepts in the Indian experience, the article unveils the secrets of a long-lasting and promising constitution while ensuring real and substantive justice to its people.

    Keywords: Transformative Constitutionalism; Constitutional Jurisprudence; Indian Constitution, Constitutional Law

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  • A Constitutional Appraisal of Tribunalisation of Justice in India: Elucidating the tools of justice delivery in the legal system and tracing the constitutional rationality through the judicial attitude of tribunalisation of justice.

    Rozena Correia Ph.D.

    Research Scholar, Goa University and Asst. Prof. G.R. Kare College of Law, Margao-Goa.

    A Constitutional Appraisal of Tribunalisation of Justice in India: Elucidating the tools of justice delivery in the legal system and tracing the constitutional rationality through the judicial attitude of tribunalisation of justice.

    Best Citation – Rozena Correia, A Constitutional Appraisal of Tribunalisation of Justice in India: Elucidating the tools of justice delivery in the legal system and tracing the constitutional rationality through the judicial attitude of tribunalisation of justice, 3 IJLR 72, 2022.

    Abstract

    The article predominantly focuses on India’s tryst with the tribunalisation of justice. The connotation of Courts and Tribunals with their pros and cons as tools in the legal system is underlined in the paper. The paper examines the concept and context of ‘tribunal’ functioning in India. The twin objectives of evolution and progression are emphasized, which led to the swift development and proliferation of Administrative tribunals of varied categories. It also speaks about establishing the tribunal as an alternative mechanism and parallel to the traditional court system. The tribunals as quasi-judicial bodies are highlighted with greater detail by assessing the underpinnings in terms of significance and scope. By taking a restrictive and liberal approach, the article demonstrates the judicial attitude towards tribunalisation of justice and the position of the constitutional courts on the rationality and validity of the establishment of tribunals in India.

    Keywords: Constitutional Appraisal, tribunalisation of justice, quasi-judicial, constitutional courts, judicial attitude

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  • Challenges to Cooperative federalism in India

    Komal Chauhan

    Research Scholar, USLLS, GGSIPU, Delhi

    Challenges to Cooperative federalism in India

    Best Citation – Komal Chauhan, Challenges to Cooperative federalism in India, 3 IJLR 66, 2022.

    ABSTRACT

    All democratic governments depend on statutory principles for their continued existence and expansion. In multi-cultural societies, the growing relevance of decentralization of authority cannot be ignored if the government is consistently committed to the freedom of all community groups. A democratic government can only use coercive force against its citizens to a limited extent, although the threat may be substantial. Therefore, governments should work with marginalized and sectarian groups to prevent their citizens from perceiving state authority as a threat. The objective is to avert any threat to the nation’s very survival, and the government should intervene with solutions that benefit all segments of society. Consequently, cooperative federalism is becoming increasingly vital to the functioning of modern state governments. In cooperative federalism, the Centre and the state maintain a horizontal relationship in which they cooperate for the greater good of the citizens. It is a crucial device that allows states to participate in the formulation and implementation of national policy. As the Centre and the states are required by the constitution to cooperate on matters specified in Schedule VII, this research paper attempts to assess the extent to which cooperative federalism has been ingrained in the Indian constitution from its inception. The paper thus attempts to identify the various challenges faced by the Indian federal system and to discuss the judiciary’s role in resolving these issues.

    Keywords: Federalism, Cooperation, challenges, India Constitution, Centre-State

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  • A NATIONAL VIEW OF INDIA’S EVOLUTION OF THE RIGHT TO PRIVACY

    Arti P. Gadre, Research Scholar, Research Centre, Department of Law, Sant Gadge Baba Amravati University, Amravati

    And

    Prof (Dr.) Bhagyshree A. Deshpande, Professor, Dr Panjabrao Deshmukh Law College, Amravati, (Guide)

    A NATIONAL VIEW OF INDIA’S EVOLUTION OF THE RIGHT TO PRIVACY

    Best Citation – Arti P. Gadre & Prof (Dr.) Bhagyshree A. Deshpande, A NATIONAL VIEW OF INDIA’S EVOLUTION OF THE RIGHT TO PRIVACY, 3 IJLR 61, 2022.

    ABSTRACT

    One of the most important rights includes the right to privacy. Regardless of the constitutional obligation, neither the Government nor the assembly of any State has passed any legislation outlining the rule of law addressing this matter. The increased use of technology for data analysis in the modern period has presented significant challenges to both the states and the general public. The Supreme Court of India has ruled that the right to privacy is guaranteed by the Indian Constitution and that it is implied in the fundamental rights to life and personal freedom, freedom of expression, and freedom of movement. However, a year after making its first ruling, the same court ruled that the Aadhaar Act 2016, which allows the state to collect some private information including iris scans and fingerprints, is constitutional. Without suitable standards, exchanging data through new technology tools is not particularly safe. The sufferer has no other appropriate venue to bring his claim than the regular courts, which are already overworked, in cases of duty violation by any official involved in data collection and storage. The acknowledgement of the right to privacy as a fundamental right has also had an impact on other civil liberties that persons may assert in support of their right to privacy. It is important to note that the judicial system recognises the right to privacy as a fundamental right and that many governmental actions and legislation may be challenged because of grounds that they violate this right. In this article, the researcher seeks to explain the development of the right to privacy in India by comparing it to other nations’ positions on the subject, as well as the problems and difficulties associated with putting it into practice.

    KEYWORDS: Fundamental Rights, Personal Liberty, Right to Privacy and Data Protection

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  • INHERITANCE RIGHTS OF MUSLIM ORPHANED GRANDCHILDREN AND ADOPTED CHILDREN (ESPECIALLY FEMALES) AND THE INDIAN CONSTITUTION

    AMINA AMIN SULTANA

    Research Scholar, School of Law, Sharda University, Greater Noida, U.P., Indi

    INHERITANCE RIGHTS OF MUSLIM ORPHANED GRANDCHILDREN AND ADOPTED CHILDREN (ESPECIALLY FEMALES) AND THE INDIAN CONSTITUTION 

    Best Citation – AMINA AMIN SULTANA, INHERITANCE RIGHTS OF MUSLIM ORPHANED GRANDCHILDREN AND ADOPTED CHILDREN (ESPECIALLY FEMALES) AND THE INDIAN CONSTITUTION, 3 IJLR 50, 2022

    ABSTRACT

    Indian constitution has guaranteed equality before law and equal protection of laws to its entire citizen and also has provided many rights to women and children for their safeguard in every aspect of life but still Islamic property related laws are facing huge complications in delivering justice in regards to Muslim women, particularly orphaned grandchildren and adopted children. The inheritance shares are already fixed by the injunctions of Quran. So, the wasiyat is not for those Quranic sharers but for those who are not legal heirs but anyone and the will cannot be made more than 1/3rd of the hereditary property. The law of gift and will is complimentary and supplementary to law of inheritance and Muslim countries translated the law into action in the name of obligatory bequest. Considering the orphaned grandchild (specially females) status among the law of inheritance of Indian Muslims, the legislature may also consider the reformative measures of Muslim countries. In order to remove the sufferings of orphan grandchildren, the state should consider the law of compulsory bequest. The two relations i.e., orphaned grandchild and adopted child (specially female) must be given the right to inheritance through a will or bequest which cannot be more than one-third of the complete property. The customary law applied to the inheritance relating orphaned grandchild and adopted child is to be abolished and Islamic canon must be enforced on them. Moreover, although Islam does not approve of adoption but it has a better system known as kafala under which the adopter will get a child of whom he can take care in every perspective and the child will also not lose his identity. The Indian law must modify the adoption of Muslims as per kafala system, which is now followed by various other Muslims countries. And regarding the inheritance, these adopted children may be given one-third of the property by way of will. This can only happen if the option to follow either customary law or true Islamic canon under section 3 of the Shariat Act of 1937 is eradicated. The option given under the 1937 Act is unconstitutional and hence, a great amount of injustice have been going on since its implementation against the females, particularly orphaned grandchildren and adopted children.

    Keywords: Constitutional provisions; Islamic law; Shariat Act, 1937; position of orphaned grandchildren and adopted children, specially females.

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  • CORPORATE GOOD GOVERNANCE AND WHISTLEBLOWING IN INDIA : A CRITICAL ANALYSIS

    Dr Sonia Aneja

    Assistant Professor Department of Law University of Jammu

    CORPORATE GOOD GOVERNANCE AND WHISTLEBLOWING IN INDIA: A CRITICAL ANALYSIS

    Best Citation – Dr Sonia Aneja, CORPORATE GOOD GOVERNANCE AND WHISTLEBLOWING IN INDIA: A CRITICAL ANALYSIS, 3 IJLR 39, 2022.

    ABSTRACT

    Since inception of human civilization the effort has been to establish a society which caters to the need of one and all. Thinker Hobbes, Locke and Rousseau had emphasized on social contract theory. Rousseau specifically talks about general will theory in which each individual gives up his own will to see that one person or a group looks after the welfare of the entire society, thus the responsibility may be entrusted to chosen few but they have a moral obligation to rule in the best interest of the people. Today the members of the comity of nations are founded on the principle of “welfare State’’ which allows full participation of their respective inhabitants, stri0ving to achieve the common good and in the process affording optimum opportunity and involvement for growth of the individual so as to subserve the societal interests. This has led to the evolution of “Good Governance”, as opposed to mere governance, as an umbrella concept encompassing within it a system of governance that is able to unequivocally discover the basic values of the society where standards concern economic, political and socio-cultural issues including those involving human rights, and follows the same through an accountable and upright administration. But with the emergence of welfare state there is a phenomenal growth in the powers and functions of the state too. When the powers and functions of the state so increases, there arises a danger of abuse of power or excessive use of power by those who act on behalf of the state. We cannot deny adequate powers necessary for competent discharge of its functions to the state. At the same time, it is necessary to provide checks upon the exercise of such power. Power must be exercised strictly within limits drawn by the law.

    Lord Acton’s saying that, “Power corrupts and absolute power corrupts absolutely” holds true in the current Indian milieu as corruption has become an inevitable and unavoidable part of our daily life .We have learnt to accept corruption everywhere and in everyone; among our political class, in our bureaucracy, among members of the Judiciary, in educational and medical institutions, and even among our so-called ‘god-men’. We have accustomed ourselves to tolerating corruption everywhere.

    The researcher firmly believes that in the world accountability and transparency in public institutions are highly required. Only accountable and transparent institutions can end endemic corruption and promote human rights by making the public functionaries accountable to the common people.

    Keywords: whistleblower, corruption ,good governance, law

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  • JUDICIAL APPOINTMENTS IN INDIA: CONSTITUTIONAL MANDATES AND RECENT TRENDS

    Dheeraj Kumar, Junior Research Fellow & PhD Research Scholar, Faculty of Law, Patna University, Patna

    And

    Prof. (Dr.) Mahammad Sharif, Principal, Patna Law College & Research Supervisor, Faculty of Law, Patna University, Patna

    JUDICIAL APPOINTMENTS IN INDIA: CONSTITUTIONAL MANDATES AND RECENT TRENDS

    Best Citation – Dheeraj Kumar & Prof. (Dr.) Mahammad Sharif, JUDICIAL APPOINTMENTS IN INDIA: CONSTITUTIONAL MANDATES AND RECENT TRENDS, 3 IJLR 25, 2022.

    Abstract

    Judiciary is one of the vital organs of the state in a constitutional democracy. It is entrusted with the very crucial role to protect and, preserve the Constitution in course of discharging its functions, in furtherance of the spirit of the Constitutionalism. Indian judiciary is considered as one of the efficient judicial systems of the world, to administer justice effectively in the form of appropriate relief by use of innovative methods and constructive interpretation. Any system cannot be expected to yield satisfactory results, unless inputs given therein are good enough. In the Judicial system inputs are given through the judicial appointments. Judicial appointments in India have been a significant subject matter of debate among legal fraternity in particular and public at large in general, on account of several controversies relating thereto. Therefore the topic of the present discussion bears enormous significance in this context. This paper attempts to examine the recent trends pertaining to judicial appointments and incidental and consequential matters relating thereto and connected therewith in the light of the constitutional mandates in this regard. It would briefly discuss structure of Indian Judicial system, explain the scheme of judicial appointments, highlight the constitutional mandates, point out recent trends and issues relating to topic and, conclude the discussion with some workable suggestions to effectively address those issues.

    Keywords: Collegium System, Independence of judiciary, judicial appointment, Transparency, Uniformity.

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