Author: PRASANNASRI26092001

FISCAL FEDERALISM AND CENTRALIZING DRIFT: A COMPARATIVE STUDY OF INDIA’S GST COUNCIL AND SOUTH AFRICA’S EQUITABLE SHARE SYSTEM

AUTHORS- NIGHAT FATIMA* & DR AXITA SRIVASTAVA**

* LL.M (CONSTITUTIONAL LAW), AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR OF LAW, AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – NIGHAT FATIMA & DR AXITA SRIVASTAVA, FISCAL FEDERALISM AND CENTRALIZING DRIFT: A COMPARATIVE STUDY OF INDIA’S GST COUNCIL AND SOUTH AFRICA’S EQUITABLE SHARE SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 827-835, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/MSEQ6976

ABSTRACT

This research paper provides an exhaustive comparative analysis of the phenomenon of ‘centralizing drift’ within the fiscal federalism frameworks of India and South Africa. Despite divergent constitutional categorizations India as a ‘Union of States’ with a federal superstructure and South Africa as a unitary state with distinctive ‘spheres’ of government both nations exhibit a pronounced trajectory toward fiscal centralization. This study interrogates the institutional mechanisms facilitating this drift: India’s Goods and Services Tax (GST) Council and South Africa’s Equitable Share system. Through a doctrinal and socio-legal analysis of primary constitutional texts, including the Constitution of India 1950 and the Constitution of the Republic of South Africa 1996, alongside pivotal judicial pronouncements such as Union of India v Mohit Minerals Pvt Ltd^[1] and Uthukela District Municipality v President of the Republic of South Africa,^[2] the report demonstrates how ‘cooperative federalism’ is frequently deployed as a rhetorical device to obscure structural coercion. The analysis reveals that while India’s centralization is constitutionally codified through the 101st Amendment and the voting asymmetry of the GST Council, South Africa’s centralization is functionally entrenched through extreme vertical fiscal imbalances and the subordination of provincial autonomy to the National Treasury. The paper concludes that the preservation of subnational autonomy in both jurisdictions requires a paradigmatic shift from purely ‘cooperative’ models to frameworks that institutionalize ‘uncooperative’ contestation and robust fiscal capacity at the periphery.

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[1] Union of India v Mohit Minerals Pvt Ltd (2022) SCC OnLine SC 657.

[2] Uthukela District Municipality v President of the Republic of South Africa 2003 (1) SA 678 (CC).

ARTIFICIAL INTELLIGENCE AND LAW: OPPORTUNITIES, CHALLENGES, AND REGULATORY IMPLICATIONS

AUTHOS – ADITYA PANDEY* & ABHISHEK MISHRA**

* STUDENT AT AMITY UNIVERSITY LUCKNOW

** PROFESSOR AT AMITY UNIVERSITY LUCKNOW

BEST CITATION – ADITYA PANDEY & ABHISHEK MISHRA, ARTIFICIAL INTELLIGENCE AND LAW: OPPORTUNITIES, CHALLENGES, AND REGULATORY IMPLICATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 822-826, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/BLQJ9545

Abstract

Artificial Intelligence has emerged as one of the most influential technological developments of the modern era, significantly impacting a wide range of professional sectors, including the legal field. The growing use of intelligent computer systems has transformed traditional legal practices by assisting lawyers, judges, and legal researchers in managing large volumes of legal information. Modern digital tools are now capable of analyzing complex legal documents, identifying relevant case laws, and supporting legal decision-making processes with greater speed and accuracy than traditional methods.

The integration of advanced technologies into the legal profession has led to improvements in efficiency, productivity, and accessibility of legal services. Tasks that previously required extensive manual effort, such as document review, contract analysis, and legal research, can now be performed more quickly with the assistance of automated systems. As a result, legal professionals are able to devote more time to strategic thinking, interpretation of laws, and client interaction.

Despite these advantages, the increasing reliance on technological systems in legal environments also raises several important concerns. Issues related to fairness, transparency, accountability, and data protection have become significant topics of discussion among researchers, policymakers, and legal practitioners. Questions arise regarding how automated systems make decisions, whether they can reproduce existing biases present in legal data, and how responsibility should be assigned when technological tools influence legal outcomes.

This research paper examines the relationship between modern intelligent technologies and the legal system by exploring their practical applications, advantages, potential risks, and regulatory implications. The study relies on qualitative analysis of existing academic literature, policy reports, and legal technology studies to understand current developments in this field. The findings indicate that while technological innovation has the potential to improve the efficiency and accessibility of legal services, it must be implemented with appropriate safeguards and regulatory oversight

Keywords

Artificial Intelligence, Law, Legal Technology, Machine Learning, Legal Analytics, AI Regulation, Digital Justice

FROM BRAIN DRAIN TO BRAIN RETENTION: DESIGNING A SUSTAINABLE LABOUR MODEL FOR INDIA

AUTHOR – SAIPRASATH S, B.B.A. LL.B. (HONS.), VIT SCHOOL OF LAW, VELLORE INSTITUTE OF TECHNOLOGY, CHENNAI

BEST CITATION – SAIPRASATH S, FROM BRAIN DRAIN TO BRAIN RETENTION: DESIGNING A SUSTAINABLE LABOUR MODEL FOR INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 810-821, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

India, as a diverse nation with a vast population and an average literacy rate of approximately 80 percent, has historically functioned as a major exporter of labour. Despite possessing significant future potential, India continues to remain a developing economy, partly due to the persistent outflow of human capital to foreign labour markets. This migration deprives the nation of two critical assets: first, the potential for domestic technological development and innovation, which directly contributes to national progress; and second, the skilled and unskilled workforce—including lawyers, doctors, engineers, entrepreneurs, and foundational labourers—whose services are essential to economic growth and nation-building.

This paper examines the legal and policy frameworks governing labour mobility and explores how India can transition from a labour-exporting nation to one that promotes labour retention, brain gain, and structured brain circulation. It analyses the role of legislative reforms, labour laws, and institutional mechanisms in creating a sustainable domestic employment ecosystem capable of retaining talent while simultaneously attracting global human capital.

KEYWORDS: labor exporter, Human Capital, Migration, Technology, Skilled and Unskilled, brain gain, brain circulation

“VIOLENCE AGAINST WOMEN: A LEGAL AND HUMAN RIGHTS ANALYSIS IN THE INDIAN AND INTERNATIONAL CONTEXT”

AUTHOR – SRINITHI K,LLM SCHOLAR AT TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – SRINITHI K, “VIOLENCE AGAINST WOMEN: A LEGAL AND HUMAN RIGHTS ANALYSIS IN THE INDIAN AND INTERNATIONAL CONTEXT”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 799-809, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/RAXG6317

Abstract

Violence against women remains one of the most pervasive human rights violations worldwide, transcending social, economic, cultural, and geographical boundaries. Despite constitutional guarantees, statutory protections, and international legal commitments, women continue to experience diverse forms of violence in both private and public spheres. This study undertakes a comprehensive legal and socio-analytical examination of violence against women within the Indian and international context, focusing on its causes, impacts, and the effectiveness of existing legal frameworks. The research analyses various manifestations of violence against women, including domestic violence, sexual violence, workplace harassment, trafficking, and emerging forms such as cyber abuse. It critically examines the historical and structural factors contributing to gender-based violence, particularly patriarchy, economic dependence, cultural norms, and institutional inadequacies. The study further evaluates the role of constitutional provisions, statutory enactments, and judicial interventions in India, highlighting landmark judgments that have shaped the legal discourse on women’s rights. In addition, it explores the influence of international conventions, human rights instruments, and global organizations in establishing normative standards and guiding domestic legal responses. The findings reveal a persistent gap between legal frameworks and their practical implementation. While laws and judicial pronouncements demonstrate progressive intent, challenges such as underreporting, social stigma, procedural delays, and institutional insensitivity continue to undermine effective protection for women. The study argues that violence against women cannot be addressed through criminal law alone and emphasizes the need for a holistic, victim-centric approach integrating legal reform, effective enforcement, social awareness, and economic empowerment. Ultimately, the paper underscores that eliminating violence against women is essential for achieving substantive equality, social justice, and sustainable development.

Keywords: Violence against Women; Gender-Based Violence; Women’s Rights; Legal Frameworks

SURROGACY AND CROSS-BORDER PARENTAGE DISPUTES: CHALLENGES IN PRIVATE INTERNATIONAL LAW

AUTHOR – ADHITHYAN B* & MANOJ T**

STUDENTS AT VINAYAKA MISSION’S LAW SCHOOL

BEST CITATION – ADHITHYAN B & MANOJ T, SURROGACY AND CROSS-BORDER PARENTAGE DISPUTES: CHALLENGES IN PRIVATE INTERNATIONAL LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 788-798, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Assisted reproductive technologies have transformed traditional notions of family and parenthood, with surrogacy offering solutions for individuals and couples facing biological or social barriers to reproduction. Cross-border surrogacy where intended parents seek surrogates in foreign jurisdictions introduces complex legal challenges due to differences in national laws on parentage, citizenship, and recognition of foreign judicial decisions.

Determining parental rights, securing the child’s legal identity, and ensuring citizenship often becomes difficult when multiple jurisdictions are involved. Traditional principles of Private International Law, addressing jurisdiction, applicable law, and recognition of foreign judgments, offer limited guidance as they were established before modern reproductive technologies.

This study examines legal issues in cross-border surrogacy, analyzes comparative approaches to parentage disputes, and evaluates India’s regulatory framework under the Surrogacy (Regulation) Act, 2021. It emphasizes child-centered legal protections and the need for harmonized international regulation to ensure clarity, fairness, and legal certainty for all parties.

This research seeks to explore important questions surrounding cross-border surrogacy. It examines how legal systems can recognize and protect the rights of both intended parents and children, the part Private International Law plays in addressing conflicts between different jurisdictions, and how India’s legal framework can be improved to safeguard the interests of everyone involved. By addressing these issues, the study highlights the need for fair, consistent, and practical legal solutions that reflect the realities of modern reproductive practices.

Keywords: Surrogacy, Cross-Border Surrogacy, Parentage, Private International Law, Surrogacy (Regulation) Act 2021, Legal Challenges

TRANSNATIONAL ORGAN TRAFFICKING: INTERNATIONAL COOPERATION MECHANISM AND PROSECUTION

AUTHOR- MR. ANKUSH* & MR. RISHAV DOGRA**

* STUDENT OF LL.M, SANT BABA BHAG SINGH UNIVERSITY, JALANDHAR

** ASSISTANT PROFESSOR IN LAW, SANT BABA BHAG SINGH UNIVERSITY, JALANDHAR

BEST CITATION – MR. ANKUSH & MR. RISHAV DOGRA, TRANSNATIONAL ORGAN TRAFFICKING: INTERNATIONAL COOPERATION MECHANISM AND PROSECUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 769-779, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:-

Organ trafficking is a tough problem that puts hospitals at risk and takes advantage of people who are weak. Most of what the world is doing to fight it is making rules stricter and finding ways for people to work together. For the world to respond, we need a complicated plan that includes people, governments, and international groups. There are rules about organ giving and transplants that are made by international groups like the UN and the WHO. Laws must be made and followed by governments to stop the trade in organs and protect weak people. Civil society has groups that help people and make people more aware. The fact that organ giving and transplantation are not open and accountable is a big problem. To keep weak people safe, countries need to set up reliable ways to track and watch people and strong safety measures. Each country needs to share information and work together to stop organ trafficking. There are rules that govern foreign projects, as well as ways to work together, that are looked at in this study. It talks about what governments, non-governmental organizations, and regular people can do to stop organ trade and encourage people to donate organs in an honest way.

Keywords: Organ trafficking, International cooperation, Legal frameworks, Cooperation strategies, Ethical organ donation.

THE DIGITAL EVIDENCE PARADIGM: ANALYSING THE IMPACT OF SECTION 63 BSA AND THE HASH VALUE MANDATE

AUTHOR – MANU YADAV* & DR. MUDRA SINGH**

* LL.M (CRIMINAL LAW), AMITY LAW SCHOOL, AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR OF LAW, AMITY LAW SCHOOL, AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – MANU YADAV & DR. MUDRA SINGH, THE DIGITAL EVIDENCE PARADIGM: ANALYSING THE IMPACT OF SECTION 63 BSA AND THE HASH VALUE MANDATE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 759-768, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/MZAD8094

ABSTRACT

This paper examines the fundamental jurisprudential shift in the Indian criminal justice system from colonial-era statutes to a modern, science-centric framework established by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the Bharatiya Sakshya Adhiniyam, 2023 (BSA), and the Bharatiya Nyaya Sanhita, 2023 (BNS). It highlights the elevation of forensic science from a discretionary investigative aid to a mandatory procedural requirement, particularly under Section 176(3) of the BNSS, which compels forensic crime scene visitation for offences punishable by seven years or more. The study critically analyses the modernization of digital forensics, emphasizing the statutory integration of cryptographic hash values and dual-certification for electronic evidence under Section 63 of the BSA to ensure the integrity of digital documents. Furthermore, the paper traces the judicial evolution of forensic evidence, exploring how the Supreme Court balances the state’s truth-seeking mandate with fundamental constitutional rights under Article 20(3) (self-incrimination) and Article 21 (right to privacy), specifically concerning biometric data and DNA profiling. Finally, while recent cases demonstrate the potential for rapid convictions, the paper underscores a critical gap between legislative intent and ground-level reality. It concludes that the ultimate success of these sweeping legal reforms hinges entirely on overcoming severe infrastructure deficits, manpower shortages, and massive case backlogs currently straining India’s forensic laboratories.

Keywords: Forensic Jurisprudence, Bharatiya Nagarik Suraksha Sanhita (BNSS), Digital Evidence, Constitutional Rights, Forensic Infrastructure.

FORENSIC DNA EVIDENCE IN CRIMINAL JUSTICE: RELIABILITY, ADMISSIBILITY AND LEGAL SAFEGUARDS IN INDIA

AUTHOR – BALA MURUGAN S* & HEMAVATHY**

* BCA LLB (HONS), TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

** PROFESSOR AT TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – BALA MURUGAN S & HEMAVATHY, FORENSIC DNA EVIDENCE IN CRIMINAL JUSTICE: RELIABILITY, ADMISSIBILITY AND LEGAL SAFEGUARDS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 752-758, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Forensic DNA profiling has transformed the landscape of criminal adjudication, offering courts a scientific mechanism of remarkable precision to link suspects to crime scenes or exonerate the wrongly accused. This paper examines the evidentiary value of forensic DNA evidence within the Indian criminal justice framework, tracing its scientific foundations, legislative architecture, and judicial reception. It critically interrogates the reliability of DNA-based expert testimony, the procedural safeguards that govern its collection and analysis, and the constitutional tensions that arise when forensic compulsion encroaches upon individual rights. Drawing upon comparative jurisprudence, empirical literature and the emerging Indian statutory landscape—particularly the DNA Technology (Use and Application) Regulation Bill, 2019—this paper argues that the transformative potential of DNA evidence can only be fully realised when matched by robust institutional accountability, trained forensic infrastructure, and a rights-protective legal framework. The paper concludes with recommendations for legislative and procedural reform directed at Indian law students, practitioners and policymakers.

Keywords: Forensic DNA; Criminal Evidence; Expert Testimony; DNA Regulation Bill 2019; Indian Criminal Justice; Admissibility; Constitutional Rights.

“CONTRACTS ACROSS BORDERS: UNRAVELLING THE LEGAL TAPESTRY BETWEEN INDIA AND ENGLAND”

AUTHOR – AISHWARYA A. INGALE

LLM STUDENT AT DECCAN EDUCATION SOCIETY’S SHRI. NAVALMAL FIRODIA LAW COLLEGE, SAVITRIBAI PHULE PUNE UNIVERSITY

BEST CITATION – AISHWARYA A. INGALE, “CONTRACTS ACROSS BORDERS: UNRAVELLING THE LEGAL TAPESTRY BETWEEN INDIA AND ENGLAND”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 738-751, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

(Catchy Opening Headline) Contracts Across Borders: Unravelling the Legal Tapestry Between India and England. (History) The legal systems of India and England share a historical connection rooted in colonialism. The Indian Contract Act of 1872 was influenced by English contract law, a legacy that shapes the contractual landscape in both jurisdictions. (Present Status) Currently, Indian contract law and English contract law coexist, each with its nuances. While India’s legal framework has evolved with amendments, English contract law continues to be a benchmark globally. The present status reflects a dynamic interplay between tradition and adaptation in contractual regulations. (Short Explanation) The research delves into the comparative analysis of Indian Contract Law and English Contract Law. It aims to unravel the similarities, differences, and evolving dynamics between these legal frameworks governing contractual relations in two distinct jurisdictions. (Research Problem) Gray areas persist in understanding how cultural, historical, and socio-economic factors influence the interpretation and application of contract law in India and England. The need for this research arises from the potential conflicts and challenges people face when navigating contracts across these jurisdictions. (Hypothesis) the existing legal infrastructure adequately addresses the challenges arising from the divergent historical, cultural, and economic contexts of India and England. Potential disparities may require a more nuanced and context-specific approach to ensure fairness and efficacy. (Possible Reforms) Possible reforms include harmonizing certain aspects of contract law to facilitate smoother cross-border transactions, providing clearer guidelines for dispute resolution in international contracts, and fostering a mutual understanding of legal principles between the two jurisdictions. These reforms aim to enhance legal certainty and promote cross-border business interactions. (Aim and Objectives) The research aims to foster a deeper understanding of the legal intricacies between Indian and English contract law, recognizing their shared history and contemporary differences.

Keywords: Comparative Analysis, Contract Law, Cross-border Transactions, Legal Frameworks, Reforms, Shared History

MEDICAL CONTRACTS IN INDIA: AN ANALYSIS UNDER THE INDIAN CONTRACT ACT, 1872

AUTHOR – PRAJAKTA PRADEEP GAJARMAL, LLM STUDENT OF DES’S SHRI NAVALMAL FIRODIA LAW COLLEGE PUNE

BEST CITATION – PRAJAKTA PRADEEP GAJARMAL, MEDICAL CONTRACTS IN INDIA: AN ANALYSIS UNDER THE INDIAN CONTRACT ACT, 1872, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 728-738, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

The legal rules that guide Medical Contract in India are an important part of healthcare law. They help regulate the doctor patient relationship and balance the rights, duties and responsibilities of both sides. A medical contract is basically an agreement between a doctor or hospitals and a patient, which sets out the terms of medical care like diagnosis, treatment, confidentiality, and ethical duties. With healthcare becoming more commercial, patients becoming more aware of their rights, and the rise in medico-legal disputes, having a clear legal framework is essential to maintain trust in the system. In India, Medical Contract are mainly governed by the Indian Contract Act, 1872 which provides the general rules of contracts like offer, acceptance, consideration, and lawful purpose. But unlike regular commercial contracts, Medical Contract also involve trust, ethics, and duties that come from medical laws and professional responsibilities.

Patient rights have become stronger under the Consumer Protection Act, 2019, which treats medical services as a consumer service. This means patients can file cases for medical negligence or breach of contract. Other laws, like the Clinical Establishments Act, the Drugs and Cosmetics Act, and the National Medical Commission Act, also play a role in regulating medical practice.^[1] One of the most important aspects of Medical Contract is informed consent, which ensures that patients fully understand and agree to the treatment before it starts. Negligence and breach of duty are also key issues, especially when it comes to cases of medical malpractice. Indian courts have given many important judgments in this area, shaping how liability is decided.^[2]                 This paper will look closely at the laws, court rulings, and ethical principles that define Medical Contract in India. It will study the nature of these contracts, the responsibilities of doctors, the rights of patients, the importance of consent, and the effect of new legal reforms. The aim is to give clear picture of the legal protections available to both doctors and patients. This research is especially relevant today, with growing focus on medical ethics, consumer protection, and digital healthcare, all of which are changing the future of Medical Contract in India.

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[1] Consumer Protection Act, 2019, Act No. 35 of 2019

[2]What is Informed Consent and How Does it Affected Medical Procedures https://saspublishers.com/media/articles/SJAMS15455-463_ZPY7XBW.pdf Last seen on 18/01/2026