Author: PRASANNASRI26092001

EVERGREENING OF PHARMACEUTICAL PATENTS IN INDIA: A LEGAL ANALYSIS UNDER THE INDIAN PATENT ACT IN THE LIGHT OF TRIPS AGREEMENT

AUTHOR – SEKAR V, LL.M. STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH (AUUP) NOIDA

BEST CITATION – SEKAR V, EVERGREENING OF PHARMACEUTICAL PATENTS IN INDIA: A LEGAL ANALYSIS UNDER THE INDIAN PATENT ACT IN THE LIGHT OF TRIPS AGREEMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 81-89, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/V6I511

ABSTRACT

The concept of evergreening in pharmaceutical patents has emerged as a critical issue at the intersection of intellectual property law and public health in India. Evergreening refers to the strategic practice by pharmaceutical companies of obtaining multiple patents on minor modifications of existing drugs, thereby extending their market exclusivity beyond the original patent term. This study undertakes a comprehensive legal analysis of evergreening within the framework of the Indian Patents Act, 1970, particularly focusing on Section 3(d), and examines its compatibility with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

India has adopted a cautious and public health-oriented approach to patent protection, aiming to balance innovation incentives with access to affordable medicines. Section 3(d) serves as a key safeguard by denying patents to new forms of known substances unless they demonstrate enhanced therapeutic efficacy. This provision has been instrumental in preventing the misuse of patent rights through incremental innovations that lack substantial clinical benefit. The landmark judgment in Novartis AG v. Union of India is analyzed to understand the judicial interpretation of Section 3(d) and its role in curbing evergreening practices.

The research further evaluates whether India’s patent regime aligns with its international obligations under TRIPS, which mandates minimum standards of patent protection while allowing member states certain flexibilities. It argues that India has effectively utilized these flexibilities to design a patent system that prioritizes public health without violating TRIPS norms. The study also highlights ongoing debates surrounding the tension between pharmaceutical innovation and accessibility, especially in developing countries.

By critically examining statutory provisions, judicial precedents, and international frameworks, this paper concludes that India’s legal stance on evergreening represents a balanced and pragmatic model. It not only discourages trivial patent extensions but also ensures that genuine innovations are rewarded. The analysis underscores the importance of maintaining this equilibrium to promote both technological advancement and equitable healthcare access in the evolving global patent landscape.Top of Form

CORPORATE SOCIAL RESPONSIBILITY AS REGULATED BY THE COMPANIES ACT, 2013: STATUTORY PROVISIONS AND LEGAL FRAMEWORK

AUTHOR – SARIKA* & DR. POOJA BALI**

* STUDENT OF LL.M. (CORPORATE LAW), SANT BABA BHAG SINGH UNIVERSITY, JALANDHAR

** ASSOCIATE PROFESSOR AT SANT BABA BHAG SINGH UNIVERSITY, JALANDHAR

BEST CITATION – SARIKA & DR. POOJA BALI, CORPORATE SOCIAL RESPONSIBILITY AS REGULATED BY THE COMPANIES ACT, 2013: STATUTORY PROVISIONS AND LEGAL FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 73-80, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Corporate social responsibility, or CSR, is the practice of conducting business in which businesses make a noticeable contribution to the entire ecosystem in which they operate. Businesses that engage in social responsibility take into account equitable growth and sustainable development in addition to measures that boost their earnings. Businesses utilize corporate social responsibility (CSR) to align their operations and growth with their social, environmental, and economic objectives. CSR is believed to build a company’s reputation and goodwill among consumers and the broader public. The hallmark of business is to prioritize three things: people, the environment, and profit in addition to the bottom line. When they use the term “society,” they mean the worldwide concern for sustainable business practices, the environment, or ecology. According to government regulations (Section 135 of “The Companies Act, 2013,” under rules of 2014, Schedule VII), businesses with net worth, turnover, or profit after tax (PAT) above a specific threshold are required to report on their annual report, give an explanation, or donate 2% of their net earnings over the preceding three years to social development. The “Companies Act, 2013” need for required spending and disclosure of CSR efforts is the main topic of this essay. The research also discusses the primary shortcomings of the provision that would make it unworkable. As it examines the CSR phenomena within the framework of “The Companies Act, 2013,” this article is both exploratory and descriptive. It also gathers data using a survey approach that aims to provide information and explicit knowledge in the public domain.

Keywords: Corporate Social Responsibility, Section 135, the Companies Act 2013, Schedule VII, Sustainable Development.

“RETIRAL BENEFITS AS HUMAN RIGHTS IN INDIA: A CONSTITUTIONAL AND JURISPRUDENTIAL ANALYSIS”

AUTHOR – SRIRAM V M, SCHOOL OF EXCELLENCE IN LAW THE TAMILNADU DR AMBEDKAR LAW UNIVERSIY, CHENNAI

BEST CITATION – SRIRAM V M, “RETIRAL BENEFITS AS HUMAN RIGHTS IN INDIA: A CONSTITUTIONAL AND JURISPRUDENTIAL ANALYSIS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 68-72, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

Retiral benefits such as pension, gratuity, provident fund, and family pension constitute the primary source of financial security for individuals in their post-employment phase. While traditionally regarded as statutory or service-related entitlements, Indian jurisprudence has progressively evolved to recognise these benefits as integral to the protection of human dignity and constitutional rights. This paper critically examines the transformation of retiral benefits from deferred wages to enforceable human rights, situating them within the framework of Articles 21 and 300-A of the Constitution of India. It analyses key judicial pronouncements that have redefined pension as a vested right rather than a discretionary bounty, alongside the proactive role of the National Human Rights Commission in highlighting systemic failures in their disbursement. The study further engages with international human rights standards to contextualise India’s approach within a global framework of social security. By identifying persistent administrative and structural challenges, the paper argues for a comprehensive rights-based model supported by legislative reform, institutional strengthening, and technological modernization. It concludes that the true realisation of retiral benefits as human rights depends not merely on legal recognition but on effective and timely implementation, ensuring dignity, security, and social justice in the post-retirement phase.

Keywords: Retiral Benefits, Pension, Human Rights, Right to Dignity, Social Security, Deferred Wages, NHRC, Constitutional Law, Judicial Interpretation, Welfare State, Administrative Justice, Post-Retirement Security

JUDICIAL ACTIVISM IN ADVANCING LABOUR WELFARE: A STUDY OF BENEFICIAL INTERPRETATION IN INDIAN LABOUR LAWS

AUTHOR – SUGHESH S,SCHOOL OF EXCELLENCE IN LAW THE TAMILNADU DR AMBEDKAR LAW UNIVERSIY, CHENNAI

BEST CITATION – SUGHESH S, JUDICIAL ACTIVISM IN ADVANCING LABOUR WELFARE: A STUDY OF BENEFICIAL INTERPRETATION IN INDIAN LABOUR LAWS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 62-67, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

This study examines the role of judicial activism in advancing labour welfare in India through the doctrine of beneficial interpretation. Rooted in the constitutional vision of a welfare state, Indian labour laws are designed to protect workers from exploitation and ensure dignity, equality, and social justice. The paper highlights how the judiciary has played a transformative role by interpreting welfare legislation liberally, ensuring that the objectives of such laws are effectively realized. It explores the doctrinal foundations of beneficial interpretation and demonstrates how courts have expanded the scope of Fundamental Rights by harmonizing them with the Directive Principles of State Policy. Through landmark judicial decisions, the study illustrates how labour rights have evolved from mere statutory protections into enforceable constitutional guarantees. While acknowledging concerns of judicial overreach, the paper concludes that judicial activism has largely acted as a progressive force in addressing legislative gaps and socio-economic inequalities, thereby strengthening labour jurisprudence in India.

Keywords: Judicial Activism, Labour Welfare , Beneficial Interpretation, Welfare Legislation, Indian Labour Laws, Fundamental Rights, Directive Principles of State Policy (DPSP), Social Justice, Constitutional Interpretation

CALL CENTER-BASED SCAM OPERATIONS: INVESTIGATING CYBER FRAUD NETWORKS

AUTHOR – MUKUL TARE & PRATHMESH NAIK,

2^ND YEAR BALLB STUDENTS AT KES SHRI JAYANTILAL H. PATEL LAW COLLEGE

BEST CITATION – MUKUL TARE & PRATHMESH NAIK, CALL CENTER-BASED SCAM OPERATIONS: INVESTIGATING CYBER FRAUD NETWORKS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 54-61, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The rapid growth of digital communication and global connectivity has significantly changed the nature of crime, leading to the rise of complex cyber frauds. Among these, call-centre-based scams have emerged as a major and highly organized threat, often operating across national borders. These scams typically involve fake call centres that impersonate trusted entities such as banks, government agencies, or technical support services to trick individuals into sharing sensitive information or transferring money. This paper examines the structure and functioning of such scam operations in India, highlighting how they have evolved into large-scale, organized networks supported by advanced technologies like VoIP, caller ID spoofing, and cloud-based systems. It also analyses the step-by-step modus operandi of these scams, including victim targeting, psychological manipulation, and money laundering techniques. Further, the study explores the legal framework in India, focusing on the role of the Information Technology Act, 2000 and the Prevention of Money Laundering Act, 2002, along with telecom regulations and enforcement mechanisms. It also discusses the practical challenges faced by authorities, such as cross-border jurisdiction issues, technological anonymity, and gaps in enforcement. Through recent case studies and comparative analysis, the paper demonstrates that call-centre scams are not isolated incidents but part of a broader, organized cybercrime ecosystem. It concludes by emphasizing the need for a coordinated approach involving stronger regulation, improved enforcement, international cooperation, and increased public awareness to effectively tackle this growing threat.

REGULATION OF NON-PERSONAL DATA IN INDIA: PRIVACY IMPLICATIONS AND GOVERNANCE CHALLENGES

AUTHOR – SNEHA TRIPATHI* & PURNIMA TYAGI**

* STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, INDIA

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, INDIA

BEST CITATION – SNEHA TRIPATHI & PURNIMA TYAGI, REGULATION OF NON-PERSONAL DATA IN INDIA: PRIVACY IMPLICATIONS AND GOVERNANCE CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 49-53, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Non-personal data (NPD) regulation has turned out to be a burning topic in the developing digital India. Although a conventional system of data protection has an emphasis on personal information, the growing economic importance of anonymized and aggregated data requires a different form of control. This paper discusses the conceptual underpinnings of non-personal data, classification, and why there is the necessity of governance processes in India. It also discusses the privacy concerns of the possible re-identification of anonymized information and the danger of abuse. The paper is a critical analysis of the recommendations of the Non-Personal Data Governance Committee and how they overlap with current legal frameworks, such as the Digital Personal Data Protection regime. Also, it illustrates issues of data sharing, ownership, economic exploitation and institutional controls. A summary of the paper also reiterates that a solution to this is the development of a balanced regulatory structure that ensures enhancement of innovation whilst ensuring privacy and the interest of the people.

GST REGIME AND ITS IMPACT ON FISCAL AUTONOMY OF STATES IN INDIA

AUTHOR –SAMARTH GUPTA, STUDENT OF AMITY UNIVERSITY, LUCKNOW

BEST CITATION – SAMARTH GUPTA, GST REGIME AND ITS IMPACT ON FISCAL AUTONOMY OF STATES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 34-48, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The introduction of the Goods and Services Tax (GST) in India on 1 July 2017 marked a significant transformation in the country’s indirect taxation framework. The reform was intended to unify the fragmented tax system by subsuming several central and state taxes into a single, comprehensive tax structure. GST was introduced through the Constitution (One Hundred and First Amendment) Act, 2016, which aimed to simplify taxation, reduce cascading effects, and promote economic integration across the country. However, while GST has improved tax compliance and created a unified market, it has also generated debates regarding its impact on the fiscal autonomy of states within India’s federal structure.

Before the implementation of GST, state governments possessed significant powers to impose various indirect taxes such as Value Added Tax (VAT), entry tax, entertainment tax, and luxury tax. These taxes constituted a substantial share of state revenue and enabled states to exercise financial independence according to their economic priorities. With the implementation of GST, many of these powers were consolidated under a unified tax regime administered jointly by the central and state governments through the GST Council. This institutional arrangement has raised questions regarding the extent to which states retain their fiscal decision-making authority.

The GST Council plays a central role in determining tax rates, exemptions, and policy changes under the GST framework. Although the Council includes representation from both the Union and state governments, concerns have been raised about the potential centralisation of fiscal power and the reduced flexibility of states in designing their own taxation policies. The issue became particularly evident during periods of revenue shortfall, when states relied Heavily dependent on compensation payments from the central government. This research paper critically examines the GST regime and its implications for the fiscal autonomy of states in India. The study evaluates the constitutional framework of GST, the functioning of the GST Council, and the revenue challenges experienced by states after the implementation of the new tax system. It also explores whether GST has strengthened cooperative federalism or created new tensions between the centre and states in matters of fiscal governance.

Keywords: Goods and Services Tax, Fiscal Autonomy, Cooperative Federalism, GST Council, State Revenue, Indian Federalism.

“SECULARISM VIS-À-VIS FREEDOM OF RELIGION UNDER INDIAN CONSTITUTION-A CRITICAL ANALYSIS”

AUTHOR – GARGEE R. DHANAWADE, LLM 2ND YEAR STUDENT OF DES’S SHREE NAVALMAL FIRODIA LAW COLLEGE PUNE

BEST CITATION – GARGEE R. DHANAWADE, “SECULARISM VIS-À-VIS FREEDOM OF RELIGION UNDER INDIAN CONSTITUTION-A CRITICAL ANALYSIS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 28-33, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

            India is a pluralistic society and a country of religions. It is inhabited by people of many religion.The term ‘Secular’ was added by 42^nd Constitutional Amendment Act 1976 in Preamble of Indian Constitution .However, as the Supreme Court said in 1947,although the word ‘Secular state were not expressedly mentioned in the Constitution , there can no doubt that constitution makers  wanted to established such a state and accordingly Article 25 to 28 guaranteeing the Fundamental right to freedom of religion have been included in the constitution. The term ‘Secular’ mean state have no any particular religion .that is to say ,as a state has no any religion but comes out as neutral towards the concept of religion. The Constitution furthuring the idea of values enshrined in the Preamble, equally preserves and protects all religions. In case of S.R.Bomai Supreme Court held that Secularism is a part of basic structure .In case of Shah Bano, Supreme court held that Section 125of Code of Criminal Procedure was applicable to Muslim person also irrespective of their religion. In Shayra  Bano case Supreme Court struck down ‘Triple Talaq’. The Indian Constitution embodies the positive concept of secularism i.e. all religions in our country irrespective of their strength have the same status and support from the state. To what extent Indian constitution guarantees secularism and provides protection of freedom of religion. How do societal trends such as majoritarianism and Hindu nationalism, influence the implementation of secularism and freedom of religion in India. The Indian Constitution guarantees secularism effectively protects freedom of religion for all citizens.  This research critically analyze the provisions of Indian Constitution regarding secularism and freedom of religion. This research is helpful for law students, legal fraternity, lawyers.

Key-words-   Secularism, Freedom, Religion, Secular State,  Constitution.

CHEMICAL TRANSFORMATION OF POST-CONSUMER POLYMERIC WASTE INTO AUTOMOTIVE-GRADE LIQUID HYDROCARBONS

AUTHOR – MOHAMMAD ABDULLAH ASHIF* & DR.ARVIND KUMAR SINGH**

* STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY LUCKNOW

** PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY LUCKNOW

BEST CITATION – MOHAMMAD ABDULLAH ASHIF & DR.ARVIND KUMAR SINGH, CHEMICAL TRANSFORMATION OF POST-CONSUMER POLYMERIC WASTE INTO AUTOMOTIVE-GRADE LIQUID HYDROCARBONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 20-27, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

The global accumulation of plastic waste has reached an unprecedented scale. As of 2025, approximately 130 million metric tons of plastic enter the environment annually, with projections suggesting this figure could escalate to 280 million metric tons by 2040 without aggressive global intervention. The historical reliance on mechanical recycling has proven insufficient for managing post-consumer waste, which often involves multilayer packaging and contaminated materials fundamentally unsuitable for traditional processing.

In response, chemical recycling—particularly the thermochemical conversion of plastics into liquid hydrocarbons—has emerged as a critical “molecular loop” strategy. This process involves the controlled degradation of polymer backbones into a state analogous to the crude oil from which they were originally derived, enabling regeneration of high-value fuels and petrochemical feedstocks, while diverting plastic from landfills and incinerators.

CSR AS A TOOL FOR SUSTAINABLE CORPORATE DEVELOPMENT

AUTHOR – ISHTISHAM* & DR. SHOVA DEVI**

* STUDENT AT AMITY UNIVERSITY (LUCKNOW)

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY (LUCKNOW)

BEST CITATION – ISHTISHAM & DR. SHOVA DEVI, CSR AS A TOOL FOR SUSTAINABLE CORPORATE DEVELOPMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 06-19, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Corporate Social Responsibility emerges as a transformative instrument within the social legal framework, intricately weaving corporate prosperity with sustainable development imperatives to forge resilient enterprises that thrive by nurturing societal fabrics, ecological balances, and equitable growth trajectories amid India’s kaleidoscope of urban affluence juxtaposed against rural scarcities and environmental pressures from relentless industrialization. Through the mandates of the Companies Act, 2013, particularly Section 135’s compulsion for qualifying firms to channel two percent of average net profits into Schedule VII pursuits spanning hunger eradication via fortified nutrition networks, gender empowerment through women-led cooperatives in agrarian heartlands, rural sanitation revolutions echoing national missions, and ecological restorations like afforestation corridors buffering mining wastelands, CSR transcends obligatory philanthropy to become a strategic lever that internalizes externalities from polluted river arteries to displaced tribal communities, ensuring businesses cultivate long-term viability by aligning profit engines with constitutional visions of justice and welfare under Articles 38, 39, and 47. This social legal paradigm positions corporations not as detached economic actors but as embedded stewards whose legally orchestrated interventions—from skill academies piercing caste barriers to renewable microgrids illuminating off-grid hamlets—propel symbiotic advancement where corporate longevity hinges on communal resilience against climate volatilities, demographic surges, and inequality’s stubborn shadows.¹

Delving into its instrumental essence, CSR facilitates sustainable corporate development by mitigating operational risks through proactive community engagements, such as stakeholder consultations preceding infrastructure ventures in seismic zones or supply chain diligences eradicating child labor from distant quarries, thereby preempting litigations, boycotts, and regulatory reprisals that could unravel decades of goodwill while unlocking avenues to green financing from ESG-attuned investors who reward firms pioneering circular plastics recovery from urban waste streams or climate-adaptive agriculture in flood-prone deltas. Judicial expansions, as in precedents linking environmental stewardship to fiduciary duties, amplify this tool’s potency, compelling boards to integrate social returns alongside financial metrics in deliberations, fostering cultures where CSR committees devise annual action plans that scale impacts from slum health outposts bridging urban-rural chasms to vocational continua empowering informal weavers against automation tides, ensuring enterprises evolve resilient models attuned to intergenerational equity rather than short-term fiscal optics.²