Author: PRASANNASRI26092001

LEGAL FRAMEWORK FOR DRUG LAWS

AUTHOR – PRABHAT MAURYA, LAW STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN

BEST CITATION – PRABHAT MAURYA, LEGAL FRAMEWORK FOR DRUG LAWS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 201-209, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The drug regulations of India fall within the category of the most stringent and probably, the most complicated, regulatory systems in the world. The entire system revolves around the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and is specifically designed to prevent the four basic stages, which are, the cultivation, production, trafficking, and consumption of narcotic and psychotropic substances. The initial purpose of the system is an anti, drug one, but nowadays, changes and court rulings have brought the issue to a framework of strict liability, high standard of proofs and harsh punishments, especially in cases involving commercial quantities. Nevertheless, even if the strategy is mostly preventive, the drug enforcement agencies are still encountering numerous obstacles among which procedural inconsistencies, arrest powers abuse, over, criminalization of drug, dependent individuals and delays in forensic examination are the most prominent ones. This paper deals with the past, the current legal framework, the enforcement and judicial developments of the Indian drug law regime, suggesting that there are considerable gaps and reforms are necessary. Furthermore, it asserts that a fair, research, led policy model which not only supports the fight against the drug networks but also safeguards the rights of drug, dependent individuals and facilitates their rehabilitation is the way forward.

Keywords: Narcotic Drugs and Psychotropic Substances Act (NDPS Act), Drug Control Laws in India, Drug Trafficking and Enforcement

“COOPERATIVE FEDERALISM IN INDIA: CONSTITUTIONAL VISION, CONTEMPORARY PRACTICE, AND THE REALITY OF CENTRE–STATE RELATIONS”

AUTHOR – SIDDHARTH RAJ, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – SIDDHARTH RAJ, “COOPERATIVE FEDERALISM IN INDIA: CONSTITUTIONAL VISION, CONTEMPORARY PRACTICE, AND THE REALITY OF CENTRE–STATE RELATIONS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 192-200, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I621

ABSTRACT

Cooperative federalism in India represents a constitutional vision that seeks to harmonise the distribution of powers between the Union and the States while promoting coordination, mutual respect, and shared responsibility in governance. “The Constitution of India establishes a federal structure with a strong unitary bias, reflected in the division of legislative, administrative, and financial powers under the Seventh Schedule, the presence of a single Constitution, and emergency provisions.” Despite this structural asymmetry, the framers envisaged cooperation rather than competition as the guiding principle of Centre–State relations, recognising India’s socio-economic diversity and the need for national unity alongside regional autonomy. “Cooperative federalism in India is a concept where national, state, and local governments work together to address common problems.” In contemporary practice, cooperative federalism has evolved through institutional mechanisms such as the “Inter-State Council, Finance Commission, Planning Commission (and later NITI Aayog), and GST Council”, which aim to facilitate dialogue, fiscal coordination, and policy convergence between different levels of government. “Judicial interpretation has also played a crucial role in shaping cooperative federalism, with the Supreme Court emphasising federal balance, constitutional morality, and the importance of consultation in landmark cases concerning legislative competence, fiscal autonomy, and the use of central powers under Articles 256, 356, and 365”.

Thus, cooperative federalism in India remains a dynamic and contested concept, balancing constitutional ideals with political and administrative realities. Strengthening genuine dialogue, fiscal transparency, and respect for constitutional boundaries is essential to transform cooperative federalism from a normative aspiration into a lived constitutional reality.

Keywords: “Cooperative Federalism, Competitive Federalism, Indian Constitution, Centre-State Relations, NITI Aayog, Goods and Services Tax, Inter-State Council.”

WHETHER INDIA’S NEW LABOUR REFORMS SIGNIFY MERE STRUCTURAL REARRANGEMENT OR SUBSTANTIVE LEGISLATIVE REFORM

AUTHOR – BHUVANESH J, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – BHUVANESH J, WHETHER INDIA’S NEW LABOUR REFORMS SIGNIFY MERE STRUCTURAL REARRANGEMENT OR SUBSTANTIVE LEGISLATIVE REFORM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 181-191, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

India has made a considerable attempt towards consolidating its labour laws with the passing of four Labour Codes in 2020; an attempt which reflects a change in approach from fragmented labour welfare laws to codified ones. While all four Codes have been passed in the year 2020, their application has been slow and is still dependent on the notification of rules by the relevant authorities; a process which is gradually taking place. This move has been viewed as a significant move towards the rationalization and modernization of labour legislation in India.

Against this background, the main purpose of the current paper is to critically analyse if the above-mentioned codification of the labour laws amounts to mere reorganization or legislative reform in substance. The specific aim is to determine whether there are any substantial changes that are being brought about by way of welfare or protection for the workers under the codes, or the codification is a mere restructuring of the previous laws.

The study has been conducted using doctrinal research method based on statutory analysis, secondary sources and judicial interpretation of prior labour laws. Additionally, the study has also involved a comparison between the pre-codified state of affairs and the present one.

It is through such an analysis that the paper assesses the similarities and differences in the laws with a special emphasis on aspects like protection of workers, implementation methods, and regulatory criteria.

The main focus of the study is to find out whether there is true legislative reform in the new labour legislation of India or whether it is just structural in nature.

Keywords: New labour reforms, substantive legislative reform, mere structural rearrangement.

MISLEADING ADVERTISEMENT AS AN UNFAIR TRADE PRACTICES: EXAMINING CONSUMER DECEPTION AND MARKET DISTORTION UNDER INDIAN LAW IN COMPETITION LAW

AUTHOR – RESHMA S, STUDENT AT GOVERNMENT LAW COLLEGE DHARMAPURI

BEST CITATION – RESHMA S, MISLEADING ADVERTISEMENT AS AN UNFAIR TRADE PRACTICES: EXAMINING CONSUMER DECEPTION AND MARKET DISTORTION UNDER INDIAN LAW IN COMPETITION LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 169-180, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I619

ABSTRACT:

The Competition Act, 2002 does not expressly regulate misleading advertising, despite the significant influence of advertising on competitive market outcomes. In practice, misleading advertisements are primarily addressed under consumer protection law, leaving their broader impact on market structure and competitive fairness largely unexamined. This article argues that misleading advertising, though not specifically recognised under the Competition Act, operates as an unfair trade practice when it distorts consumer choice, alters demand patterns, and grants artificial competitive advantages to enterprises engaging in deceptive conduct. Such practices may disadvantage honest competitors, raise barriers to entry, and contribute to an appreciable adverse effect on competition. By analysing the objectives and flexible enforcement framework of the Competition Act, 2002—particularly the effect-based approach under Sections 3 and 4 read with Section 19(3) the study highlights the regulatory gap in addressing misleading advertising from a competition law perspective. The article suggests that purposive interpretation or regulatory clarification is necessary to bring misleading advertising within the ambit of competition law, ensuring that deceptive commercial practices are addressed not only as consumer harms but also as distortions of competitive market processes in India.

Keywords: Misleading Advertising; Unfair Trade Practices; Competition Act, 2002; Market Distortion; Consumer Deception.

CONSTITUTIONAL VALIDITY OF TERRITORY RELATED TREATIES IN INDIA: A CASE STUDY OF KATCHATHEEVU

AUTHOR – KAVI MUKILAN S, STUDENT AT AMITY INSTITUTE OF ADVANCED LEGAL STUDIES

BEST CITATION – KAVI MUKILAN S, CONSTITUTIONAL VALIDITY OF TERRITORY RELATED TREATIES IN INDIA: A CASE STUDY OF KATCHATHEEVU, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 156-168, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I618

ABSTRACT

Territory is the fundamental element of the state, as it establishes the physical and legal boundaries within which state activities must follow. Article 1 of the Constitution of India defines the territory of India, which includes the states, union territories and any areas acquired by the government. The Power of Making International Treaties and Agreements is vested with the Executive of the State, but with the approval of the Cabinet, within the scope of the Indian Constitution, under Articles 73 & 246. Even though, Chapter 1 of the Indian Constitution speaks about the Territory of India, it doesn’t have legal provisions for ceding a territory of India to any other country. In the cases of Berubari union, Ram Kishore v. UOI and Maganbhai Ishwarbhai Patel v. UOI the hon’ble Supreme Court said that The Executive can implement International treaties, but the Treaties are agreements related to territorial matters need a Constitutional Amendment and cannot be done by the existing provisions in our Constitution and the Executive treaty making power is subjected to Parliamentary limitations and the Executive cannot alter the territory of India without Constitutional Procedure.

Coming to this current case study was Katchatheevu, the issue is emerged from the Indo-Sri Lankan Agreements of 1974 & 1976, signed by the Executive of India. These agreements placed the Island Katchatheevu, located in the Palk Strait, between India and Sri Lanka without the approval of the Parliament and without a Constitutional Amendment. The Island was historically used by the fishermen of both the countries for fishing activities. But because of this Agreement the historical fishing rights of the Indian Tamil Fishermen was had been taken away by the Sri Lankan Navy in the sea, which was guaranteed under the United Nations Convention on the Law of the Sea. Because of the armed actions of Sri Lankan Navy, the Right to life, Liberty, livelihood has been violated, because of the arrest, seizure of boats, and even shot dead by the navy.

By comparing the previous Judgements of the Indian Judiciary and the International Court of Justice and the International Instruments like UNCLOS and VCLT this dissertation tried to highlight that the Territory related treaties directly affect the sovereignty and federal structure of our country. Proved that the Katchatheevu agreement was constitutionally invalid and ended with the suggestions to solve the issue in legal manner.

Key Words: Territory, Katchatheevu, International Agreement, Constitutional Procedure, Power of the Executive.

MINORS SUCCUMBING TO DRUGS: A PRESSING ISSUE IN CONTEMPORARY INDIA

AUTHOR – KHUSHBOO SHARMA* & DR PUJA PAUL SRIVASTAVA**

*LLM-CRIMINAL JUSTICE SYSTEM, CENTRE FOR LEGAL STUDIES, GITARATTAN INTERNATIONAL BUSINESS SCHOOL

** ASSISTANT PROFESSOR, GITARATTAN INTERNATIONAL BUSINESS SCHOOL

BEST CITATION – KHUSHBOO SHARMA & DR PUJA PAUL SRIVASTAVA, MINORS SUCCUMBING TO DRUGS: A PRESSING ISSUE IN CONTEMPORARY INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 01-05, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I617

ABSTRACT

India has a huge population base estimated to be approximately 142.11 Cr as of 2026¹, according to the Census of India. Much of this population today is constituted of minors and youth. The problem of drug abuse is not new, as the cases of drug and narcotic abuse are reported almost every other day around the world. On the other hand, the same has now become an issue of growing concern in India among the young population. It is crucial to understand that the use of drugs and narcotics at a comparatively younger age has a far more devastating impact not only on the individual’s own personal life but on society at large. Use of drugs has been reported to cause crucial side effects such as withdrawal from society, serious physical health issues, increased dependence on others for normal tasks, increased mental health disorders such as cognitive impairment, developmental delays and anxiety and depression.

Not only this, if we take the example of minors having easy access to drugs, it causes them to grow morally corrupt, drop out of school and limit their future employment possibilities, eventually contributing to a never-ending cycle of poverty. This dependence on drugs also makes them more susceptible to committing crimes and aids in criminal activities such as drug trafficking and peddling. Use of drugs has often been seen to contribute to rising healthcare concerns such as malnutrition, spread of infectious diseases and overdose incidents fatal to life.

The factors that contribute to the growing cases of drug abuse often are reflected due to lack of education, socio-economic differences, easy availability and peer pressure. It is observed that drug-consuming minors are more prone to resorting to crimes like theft, violence and drug peddling in order to sustain their addiction, contributing to increased incidents of juvenile delinquency. Timid enforcement, social vulnerability and drug trafficking networks exploiting children have increased the abuse of drugs among minors despite stringent legislation like the Narcotic Drugs and Psychotropic Substances Act, 1985. This study explores the socio-legal drivers of easy drug availability at children and the links between drug addiction and criminal behaviour. The law enforcement agencies like the Narcotics Control Bureau have had a role to play in containing the drug menace apart from stronger preventive strategies, rehabilitation mechanisms and policy reform.

Keywords: Drugs, Narcotics, NDPS Act, judicial decisions, protection against drug abuse Minors

RESEARCH PAPER ON TRAFFIC POPULATION IN INDIA

AUTHOR – SEETHEPALLI SURYA, STUDENT AT KL UNIVERSITY VIJAYAWADA

BEST CITATION – SEETHEPALLI SURYA, RESEARCH PAPER ON TRAFFIC POPULATION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 132-133, APIS – 3920 – 0001 & ISSN – 2583-2344.

just about everywhere in Indian cities, the time it takes for people to travel to work or for leisure doubles between the off-peak and peak hours. What we often fail to realise is that congestion is not benign — it not only contributes to the toxic pollution in the air we breathe, but also takes a toll on our mental well-being. It is this human face of being stuck in traffic that should compel us to make a change. Richie (name changed), a professional in the development sector in Delhi, commutes 30 km from Dwarka to South Delhi for work. He estimates that he loses 24 hours — a full day — every eight days to traffic congestion. That adds up to nearly two years lost to traffic, over the past 15 years of commuting to his workplace from Dwarka. This is despite Richie’s efforts to avoid peak traffic hours, which in Delhi typically run from 9 am to 12 noon and again from 6 pm to 9 pm. Richie’s colleague Kiran, who also lives in Dwarka, prefers to take the metro. But it does not ease her commute much. To cover the last leg of her journey — 4.5 km from the metro station to office — she relies on autorickshaws, which take anywhere from 20 to 40 minutes to cover the distance, depending on congestion.  This is a daily ordeal, which has a huge impact on our quality of life and mental health. We lose productive time stuck in traffic; we lose time with our families; and by the time we reach our destination, it feels as though we have come through a warzone. The gridlock also means more pollution as vehicles stuck in traffic continue to burn fuel inefficiently, spewing harmful emissions into the atmosphere. This increases exposure to higher concentrations of toxic pollutants such as nitrogen oxides (NOx) and particulate matter, which are linked to respiratory illnesses, cardiovascular diseases and premature deaths. The 2018 emissions inventory studies by The Energy and Resources Institute (TERI), a research institute headquartered in Delhi, along with Automotive Research Association of India in Pune and the Indian Institute of Tropical Meteorology (IITM), also in Pune, show that vehicles contribute about 40 per cent of the particulate load and 81 per cent of NOx emissions from all sources in Delhi.  Dynamic estimation of the changing contribution of sources during winter months by IITM shows that vehicles’ contribution can be more than 50 per cent of the daily overall pollution from local sources in Delhi. This indicates the potentially high impact of roadside exposure due to congestion on the health of Kiran, who says traffic conditions have barely improved over last 20 years, despite repeated government efforts to widen roads, build flyovers and expand the metro network. An annual traffic index released by TomTom NV, a Dutch multinational developer of location technology, for 2024 shows that on average, a person living in urban India spends close to 94 hours a year for a 10 km one-way journey within the city centre, and 75.6 hours for the same journey in the metro region. Three Indian cities — Kolkata, Bengaluru and Pune — feature among the top five in the list of slowest cities in the world on the index, with modelled average travel time ranging between 33 and 35 minutes per 10 km.  To understand the patterns and triggers of congestion,  between May and June visited more than 40 cities across the country. For clarity, we have grouped them into three categories — mega and metro cities (with populations over 4 million), million-plus cities (with populations between 1 million and 4 million), and sub-million cities (with populations under 1 million) — and also analysed their mobility patterns over the past two decades.  This was not easy, primarily because our cities do not have official systems for collecting data related to trends in modal share (percentage of people using a particular mode of transport), travel demand, travel distances, traffic and journey speed and congestion impacts, among others. So, the documents considered for this assessment range from city mobility plans to independent research, and have been prepared in different years; in several cases, the information is old and not comparable. For instance, the data available for Delhi, Agartala and Surat are nearly 20 years old, while those for Bengaluru, Pune, Bhubaneswar, Chennai, Hyderabad, Shimla, Varanasi, Bhopal and Jaipur are 17 years old. Data for Kolkata is a quarter-century old. In Ahmedabad and Tiruchirappalli, data sets are not available to show dependence on different modes of transport. However, together with   our on  ground reportage, these documents offer a glimpse into how India’s cities move. Here are the key findings.

HUMAN RIGHTS CHALLENGES IN GIG ECONOMY: A COMPARATIVE STUDY BETWEEN INDIA AND UK

AUTHOR – K.S.S.S BHARGAV, STUDENT AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE TECHNOLOGY AND ADVANCED STUDIES CHENNAI

BEST CITATION – K.S.S.S BHARGAV, HUMAN RIGHTS CHALLENGES IN GIG ECONOMY: A COMPARATIVE STUDY BETWEEN INDIA AND UK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 120-131, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I614

CHAPTER I INTRODUCTION

1.1 Topic and Significance

The world of work has changed in ways that the law has struggled to keep pace with. Over the past two decades, digital technology gave rise to what is broadly called the ‘gig economy’: work mediated by platforms, performed on demand, and paid per task rather than through a continuous employment relationship. No employment relationship, technically. Just the app, the algorithm, and the worker. Platforms like Uber, Ola, Zomato, Swiggy, Deliveroo, and Amazon Flex have drawn millions into this arrangement, offering flexibility as the headline benefit while retaining considerable control over the terms on which work is actually done.^[1] In the United Kingdom, between 4 and 5 million people engage in some form of platform work.^[2]

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[1]NITI Aayog, ‘India’s Booming Gig and Platform Economy’ (NITI Aayog 2022) 9.

[2]Office for National Statistics, ‘Coronavirus and Homeworking in the UK’ (ONS 2021).

TRIBAL AUTONOMY IN INDIA: CONSTITUTIONAL FRAMEWORK, LEGAL REALITIES AND GOVERNANCE CHALLENGES

AUTHOR – JOSEPHINE HNAIHLY* & DR.VIVEK KUMAR**

* LL.M, THE ICFAI UNIVERSITY, DEHRADUN

** ICFAI LAW SCHOOL, THE ICFAI UNIVERSITY, DEHRADUN

BEST CITATION – JOSEPHINE HNAIHLY & DR.VIVEK KUMAR, TRIBAL AUTONOMY IN INDIA: CONSTITUTIONAL FRAMEWORK, LEGAL REALITIES AND GOVERNANCE CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 105-119, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper aims to critically analyse the constitutional and legal regime of tribal self-governance in India by looking at the Fifth Schedule, Sixth Schedule and the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA). The paper examines whether these provisions provide for substantive self-governance and rights for tribals or just serve as symbolic ones.

The study employs the doctrinal research methodology, as it is based on constitutional provisions, statutory laws, judgments of the superior courts, and reports. Secondarily, academic literature is consulted to look into the historical and socio-political context of tribal autonomy.

The analysis of these provisions shows an inherent structural disconnect between the intent of the constitutional framers and the implementation processes, with the Sixth Schedule providing comparatively more autonomy to tribal areas through elected bodies, the Fifth Schedule remaining predominantly administrative and under state control and the PESA, though transformational in principle, failing to gain effectiveness due to the lack of robust enforcement mechanisms and the defiance of states. Supreme Court intervention on certain occasions has also become a vital means of strengthening tribal rights, but it does not guarantee any institutionalised mechanism to implement them on a day-to-day basis. The paper concludes by stating the need for structural reforms in the form of a strong form of local governance with tribal empowerment, development of structures for consent-based development such as the concept of the principle of Free, Informed and Prior Consent (FPIC) advocated by the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), and development of institutional capacity and awareness.

Key words: Tribal Self Governance, Fifth Schedule, Sixth Schedule, PESA 1996, Gram sabha, self-rule, Scheduled Tribes, UNDRIP.

SURVELLANCE IN THE AGE OF AI: RETHINKING THE RIGHT TO PRIVACY

AUTHOR – ARYAN SISODIA, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA

BEST CITATION – ARYAN SISODIA, SURVELLANCE IN THE AGE OF AI: RETHINKING THE RIGHT TO PRIVACY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 98-104, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I612

Abstract

The recent development of Artificial Intelligence (AI) has changed th e surveillance systems around the world. AI-based tools of surveillance such as facial recognition systems are used by the government and the private sector to target individuals and predict their crimes. Though these innovations are beneficial in terms of security, efficiency and governance, they also create major issues concerning the violation of the right to privacy. This paper critically discusses how AI-powered surveillance can be used to strip individuals of their privacy rights, especially the Indian setting, and judge the suitability of existing laws. It also discusses why regulatory protection is necessary to bring about a balance between technological advancements and constitutional liberties.