Author: PRASANNASRI26092001

CONSTITUTIONAL CONSTRAINTS ON A MANDATORY UNIFORM CIVIL CODE: A BASIC STRUCTURE ANALYSIS

AUTHORS – ARCHANA KUMARI* & DR. TAPAN KUMAR CHANDOLA**

* LLM (CONSTITUTIONAL LAW), AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS

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

BEST CITATION – ARCHANA KUMARI & DR. TAPAN KUMAR CHANDOLA, CONSTITUTIONAL CONSTRAINTS ON A MANDATORY UNIFORM CIVIL CODE: A BASIC STRUCTURE ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 91-100, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The discussion about Uniform Civil Code in India highlights the complexity of post-colonial constitutional law, especially when we see how Article 44 of the Directive Principles encourages the State to work towards a uniform civil code for all citizens. The main aim is to replace the different religion-based personal laws which currently govern marriage, divorce, succession, adoption, and maintenance. But, when the government tries to bring legal uniformity, it often clashes with the fundamental rights given in Part III of the Constitution, like the freedom of religion and the right to preserve one’s own culture. This report studies in detail the constitutional barriers that stop the adoption of a compulsory Uniform Civil Code, focusing mainly on the Basic Structure Doctrine. It looks at the debates in the Constituent Assembly, important Supreme Court cases, and new laws like the Uttarakhand Uniform Civil Code Act, 2024, which show the conflict between having one law for all and keeping legal diversity. The report finds that forcing a uniform code without proper agreement goes against the main features of the Indian Constitution. It also discusses the Essential Religious Practices doctrine and special rules like the Sixth Schedule and Article 371, which stop the full application of a single law everywhere. In the end, the study suggests a ‘Constitutional Threshold Model’ and recommends making an optional civil code available, because gender justice and equality can be better achieved by checking and improving current personal laws as per constitutional values.

Keywords: Uniform Civil Code, Basic Structure Doctrine, Legal Pluralism, Secularism, Constitutional Morality

RIGHTS OF GUARDIANSHIP AND ADOPTION UNDER UNIFORM CIVIL CODE (UCC)

AUTHOR – MR. ANUBHAV CHIDANAND, STUDENT AT CHRIST UNIVERSITY

BEST CITATION – MR. ANUBHAV CHIDANAND, RIGHTS OF GUARDIANSHIP AND ADOPTION UNDER UNIFORM CIVIL CODE (UCC), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 83-90, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In adoption and guardianship, Indian personal law regime presents an exemplary manifestation of national pluralism. While ensuring elementary attributes of equality and secularism through the Constitution, there prevails an overwhelmingly religion-divided legal framework, which has an uneven and discriminative impact. The debate over the Uniform Civil Code (the “UCC”), as enshrined under Article 44 of the Constitution, acquires specific significance in the case of

The welfare of children, alongside parental rights and gender equity, constitutes the focal point of this research. This investigation examines the disparities in adoption and guardianship stemming from various personal laws, frequently placing women and religious minorities, other than Hindus, at a disadvantage. The study systematically explores pertinent statutory regulations, constitutional restrictions, judicial interpretations, and the Uttarakhand UCC Rules 2025. It contends that, from a legal perspective, the establishment of a cohesive framework of regulations would concurrently fulfill the objectives of child welfare and constitutional equality, whilst also acknowledging and honoring the principle of religious pluralism.

Keywords:

Uniform Civil Code, Adoption, Guardianship, Constitutional Laws, Personal Laws, Gender Justice, Child Rights, Indian Legal System, Religious Minorities, Legal Reform

A STUDY ON PROBLEMS WITH FORENSIC EVIDENCE IN CRIMINAL CASES

AUTHOR – DHANUSH M* & HEMAVATHY D**

* STUDENT, SCHOOL OF EXCELLENCE IN LAW TNDALU

** BCOM LLB(HONS), LLM LAW FACULTY, SCHOOL OF EXCELLENCE IN LAW TNDALU

BEST CITATION – DHANUSH M & HEMAVATHY D, A STUDY ON PROBLEMS WITH FORENSIC EVIDENCE IN CRIMINAL CASES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 72-82, APIS – 3920 – 0001 & ISSN – 2583-2344.

CHAPTER-I

INTRODUCTION

1.1 INTRODUCTION

The criminal justice system in India relies heavily on forensic science, yet its reliability is significantly undermined by systemic weaknesses. Thematic analysis reveals four primary challenges: inadequate professional training, technological deficiencies, legal framework constraints, and procedural inconsistencies in evidence handling and interpretation. Forensic investigations are largely dominated by DNA profiling (40.6%) and fingerprint analysis (29.6%), but variations in methodology raise concerns about evidentiary integrity.

Recent DNA exoneration cases and laboratory controversies have intensified scrutiny of forensic practices, exposing risks of misuse and wrongful convictions. While these critiques highlight structural dysfunction, they also indicate clear pathways for reform. Strengthening technological infrastructure, standardizing methodologies, enhancing professional training, and revising legal safeguards are essential to improving evidence reliability and ensuring more accurate judicial outcomes.

PRESUMPTION OF INNOCENCE IN CRIMINAL CASES INVOLVING IDENTICAL TWINS: A DOCTRINAL ANALYSIS OF FORENSIC AND LEGAL CHALLENGES

AUTHORS – JANANI SHREE R J* & HEMAVATHY D**

* STUDENT, B. A. LL. B. (HONS.), SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, TARAMANI, CHENNAI – 600113.

** B. COM. LL. B. (HONS)., LLM., LAW FACULTY, SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, TARAMANI, CHENNAI – 600113.

BEST CITATION – JANANI SHREE R J & HEMAVATHY D, PRESUMPTION OF INNOCENCE IN CRIMINAL CASES INVOLVING IDENTICAL TWINS: A DOCTRINAL ANALYSIS OF FORENSIC AND LEGAL CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 65-71, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/RYHO7885

ABSTRACT

The core aspect of criminal justice system of India is that an accused person is presumed innocent unless and until proven guilty. Because of this presumption of innocence, it is the prosecution’s responsibility to prove guilt beyond a reasonable doubt. However, the implementation of this principle is complicated by serious forensic and legal issues that arise in criminal instances involving monozygotic (identical) twins. Due to their almost similar genetic composition, conventional forensic methods, especially Short Tandem Repeat (STR) DNA analysis, frequently fail to differentiate between identical twins. This restriction raises grave concerns about erroneous convictions and miscarriages of justice and diminishes the evidential value of DNA evidence.

This paper conducts a doctrinal examination of the presumption of innocence in identical twin cases, looking at the consequences for the burden of proof and reasonable doubt, the evidentiary and prosecutorial challenges, and the forensic limitations of conventional DNA testing. Along with the constitutional and human rights aspects involved, such as the right to a fair trial, it also examines sophisticated identification methods, their scientific validity, and their legal admissibility. In order to ensure that the integrity of the presumption of innocence is maintained in such complicated cases, the study ends with useful recommendations for bolstering evidential protections.

EXAMINATION OF A WITNESS WITH SPECIAL REFERENCE TO CROSS-EXAMINATION

AUTHOR – PANDEY SUMIT VIJAY* & DR SRIJAN MISHRA**

* STUDENT AT AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW

** ASSISTANT PROFESSOR GRADE-I  AT AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW

BEST CITATION – PANDEY SUMIT VIJAY & DR SRIJAN MISHRA, EXAMINATION OF A WITNESS WITH SPECIAL REFERENCE TO CROSS-EXAMINATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 53-64, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/AXSG6934

Abstract

One of the most important aspects of the adversarial system of law is the witness cross-examination, since the establishment of facts by the judiciary largely depends on oral testimony. The Indian Evidence Act 1872 provides a methodological way of investigating the witnesses that comprises examination-in-chief, cross-examination and re-examination, which has a procedural and substantive aim. Of them, such a powerful weapon as cross-examination will assume one of the leading positions among the means of checking the veracity, credibility, and reliability of the witness testimony. It is not merely a procedural formality but rather a very important protection mechanism to bring about fairness in the course of trial and to monitor natural justice principles.

This research paper is critically carried out to look at the concept, scope, objective, and limitations of witness examination with particular reference to cross-examination in the Indian law. It examines provisions of the law, judicial interpretations, and evidentiary principles of leading questions, impeachment of credit, hostile witnesses, and protective restrictions of indecent or scandalous questioning. The paper also examines the constitutional aspect of the cross-examination, especially in connection with the right to fair trial in Article 21 of the Constitution of India.

Other challenges, like the hostility of witnesses, intimidation, abuse of aggressive cross-examination tactics, and how digital modes of testimony are applied, are also discussed in the paper. The paper also uses the analysis of doctrines and allusions to significant judicial precedents to reveal the fine line between the right of the accused to confrontations and the necessity to respect the dignity and safety of the witnesses. It ends by proposing reforms to enhance procedural protections without the cross-examination role of the justice system by enhancing the truth-seeking.

Keywords:  Examination of Witness, Cross-Examination, Indian Evidence Act, Fair Trial, Witness

FROM CUSTODY TO COURTROOM: EVALUATING FORENSIC INVESTIGATION IN CASES OF DEATH UNDER POLICE CONTROL

AUTHOR – ANBUCHEZIAN R* & HEMAVATHY D**

* FINAL YEAR LAW STUDENT, BBA LLB., HONS, SCHOOL OF EXCELLENCE IN LAW, TNDALU

** FACULTY, SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – ANBUCHEZIAN R & HEMAVATHY D, FROM CUSTODY TO COURTROOM: EVALUATING FORENSIC INVESTIGATION IN CASES OF DEATH UNDER POLICE CONTROL, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 43-52, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

                Custodial deaths are considered one of the gravest violations of constitutional governance, directly implicating the principle of the State’s duty to safeguard life and dignity under Article 21 of the Constitution of India. In recent years, there have been several reported incidents regarding the custodial deaths of accused across various states that create a national debate on accountability, transparency, and the effectiveness of investigative procedures. And in those such cases, Forensic Science becomes the principal instrument through which truth can be abstracted, and the responsibility is determined. However, whereas the judicial safeguards have developed over the years through significant judgments such as D.K. Basu vs. State of West Bengal, the operational integrity and judicial assessment of forensic evidence in custodial death cases are still inadequately explored.

This paper critically assesses the forensic evidence chain from the autopsy table to the judicial bench, scrutinizing forensic pathology, injury pattern analysis, toxicology, digital evidence preservation, and chain-of-custody practices. It also explores procedural and evidentiary reforms brought about by the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Sakshya Adhiniyam, 2023, specifically the focus on forensic directives and digital documentation. The paper reveals a structural deficit between forensic investigation and judicial assessment, contending that the institutional dependence of forensic agencies on police frameworks and disparities in evidentiary standards corrode the efficacy of accountability. It ends with recommendations for forensic empowerment, scientific integrity, and a legitimate transition from custody to courtroom justice.

THE DOCTRINE OF INDOOR MANAGEMENT: EVOLUTION AND CONTEMPORARY RELEVANCE IN INDIA

AUTHORS – MUCHUKUND, VARDHAMAN JOTHE & ANSH SHUKLA

FOURTH YEAR STUDENTS AT NATIONAL LAW INSTITUTE UNIVERSITY

BEST CITATION – MUCHUKUND, VARDHAMAN JOTHE & ANSH SHUKLA, THE DOCTRINE OF INDOOR MANAGEMENT: EVOLUTION AND CONTEMPORARY RELEVANCE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 38-42, APIS – 3920 – 0001 & ISSN – 2583-2344.

I. Abstract

The Doctrine of Indoor Management, popularly known as the Turquand Rule, constitutes a fundamental principle of company law aimed at protecting third parties who transact with corporations in good faith. Developed as a judicial response to the rigidity of the Doctrine of Constructive Notice, the rule was first articulated in Royal British Bank v. Turquand, wherein the Court held that outsiders are entitled to presume that a company’s internal procedures have been duly complied with, even if such compliance has not in fact occurred. While the Doctrine of Constructive Notice presumes that external parties are aware of a company’s public documents, the Doctrine of Indoor Management mitigates the harshness of that presumption by shifting the burden of internal irregularities onto the company itself.

In India, although the doctrine is not expressly codified under the Companies Act, 2013, it has been consistently recognized and refined through judicial interpretation. Courts have upheld the principle that bona fide third parties are not obligated to investigate internal resolutions, procedural compliance, or board authorizations unless circumstances give rise to suspicion. At the same time, Indian jurisprudence has carved out well-defined exceptions, including cases involving forgery, knowledge of irregularity, or acts that are ultra vires the company.

This paper critically examines the historical evolution, doctrinal foundations, statutory interplay, and judicial application of the Doctrine of Indoor Management in India. It further evaluates its contemporary relevance in light of enhanced corporate governance standards, digital corporate administration, and increasing regulatory scrutiny. The paper argues that while the doctrine remains indispensable to commercial certainty and transactional efficiency, its scope must be carefully balanced against accountability mechanisms to prevent misuse in an era of complex corporate structures and technological transformation.

THE PERSISTING EFFECT OF CASTE ON LEGISLATIVE POLITICS IN KARNATAKA: A LEGAL AND SOCIO-POLITICAL ACCOUNT

AUTHOR – DAIVIK PRAJWAL G, STUDENT AT CHRIST DEEMED TO BE UNIVERSITY, BANGALORE

BEST CITATION – DAIVIK PRAJWAL G, THE PERSISTING EFFECT OF CASTE ON LEGISLATIVE POLITICS IN KARNATAKA: A LEGAL AND SOCIO-POLITICAL ACCOUNT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 27-37, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper takes a close look at the deep and persistent effect of caste on legislative politics in the state of Karnataka. It moves away from the simplistic idea of “vote-bank” and discusses how caste has been a primary form of political mobilization and candidate selection and also a basis for framing policies. The paper presents the historical hegemony of, and changing loyalties between, major caste factions, notably: Lingayats and Vokkaligas, the strategic alliance of groups such as the AHINDA and the controversial involvement of religious institution (mathas) in elections. The electoral data of the significant constituencies of Shiggaon and Hassan is utilized, which ensures evidence that shows that national parties employ pragmatic measures, circumventing the formal legal boundaries of a secular democracy for social engineering. Finally, the paper analyzes the legal and constitutive principles for electoral governance, with a particular focus on the Representation of the People Act, 1951 and pivotal judicial decisions, concluding with a summary of findings and recommendations to promote democratic and equitable representation in the state.

Keywords

Caste, Karnataka, Legislative Politics, Lingayats, Vokkaligas, AHINDA, Social Engineering, Political Mobilization, Representation of the People Act, Electoral Law, Mathas.

ONLINE DISPUTE RESOLUTION IN INDIA: A COMPREHENSIVE ANALYSIS OF ITS LEGAL, TECHNOLOGICAL, AND JUDICIAL FRAMEWORK

AUTHOR – ADV. PRAYAG SHAM SASANE, LLM II YEAR, DES’S SNFLC, PUNE

BEST CITATION – ADV. PRAYAG SHAM SASANE, ONLINE DISPUTE RESOLUTION IN INDIA: A COMPREHENSIVE ANALYSIS OF ITS LEGAL, TECHNOLOGICAL, AND JUDICIAL FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 16-26, APIS – 3920 – 0001 & ISSN – 2583-2344.

I. Introduction

1.1. Context and The Imperative for Change

The Indian legal system is currently grappling with an immense and well-documented burden of pending cases, which stands as a significant impediment to both the efficient delivery of justice and the nation’s economic progress.¹ With over 3 crore cases pending in Indian courts, this figure is projected to exceed 15 crore by 2050 if the current rate of disposal and new filings persists.³ This staggering backlog is not merely a statistical anomaly; it is a fundamental challenge to the constitutional right to property and the human right to dignity, and it actively erodes the credibility of constitutional governance.³ The delays in dispute resolution can also hinder economic reforms and deter foreign investment, as businesses are wary of protracted litigation.³

In this context, Online Dispute Resolution (ODR) has emerged as a strategic imperative, representing a systemic response to this national crisis.⁵ ODR is more than a simple technological upgrade; it is a transformative policy initiative designed to create a parallel, highly efficient ecosystem for dispute resolution. The primary objective is to “contain” disputes before they escalate and enter the formal court system, thereby easing the burden on the judiciary and serving as a critical component of India’s broader economic revival strategy.⁵ This report provides a comprehensive analysis of ODR, examining its foundational principles, legal underpinnings, judicial endorsement, and the critical challenges that must be addressed for its widespread and equitable adoption.

IN SICKNESS AND HEALTH: THE LEGAL CHALLENGES OF STDS IN MARITAL DISSOLUTIONS IN INDIA

AUTHOR – MOHD SALLAH KHAN, MD SAQIB ANSARI, SHEHVAR SALEEM & ANSH SHUKLA

STUDENTS AT NATIONAL LAW INSTITUTE UNIVERSITY

BEST CITATION – MOHD SALLAH KHAN, MD SAQIB ANSARI, SHEHVAR SALEEM & ANSH SHUKLA, IN SICKNESS AND HEALTH: THE LEGAL CHALLENGES OF STDS IN MARITAL DISSOLUTIONS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 07-15, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The article critically examines the legal provisions surrounding sexually transmitted diseases (STDs) as grounds for divorce in India, focusing on both secular and various personal laws, including the Indian Divorce Act of 1869, the Dissolution of Muslim Marriages Act of 1939, and the Parsi Marriage and Divorce Act of 1936. It highlights significant issues such as the arbitrary two-year waiting period in the Indian Divorce Act, which is especially problematic for incurable STDs like HIV, arguing that this period is both impractical and unjust. Additionally, the ambiguity of terms like “virulent” in the Dissolution of Muslim Marriages Act leads to inconsistent interpretations and outcomes in the judicial process, creating uncertainty and potential injustice for affected individuals. The Parsi Marriage and Divorce Act’s stipulation that the petitioner must contract the disease before seeking divorce is another major concern, as it further exposes individuals to harm and fails to adequately protect their health and rights. These legislative inadequacies hinder the timely and fair resolution of marital disputes and do not sufficiently protect the well-being of individuals in affected marriages. To address these issues, the article proposes targeted reforms. These include eliminating the two-year waiting period for incurable diseases, providing a clear and precise definition of “virulent” in Muslim law, and distinguishing between curable and incurable diseases in all relevant personal laws. These recommendations aim to create a more responsive and equitable legal framework that aligns with contemporary medical knowledge and principles of social justice. The goal is to better protect individuals’ rights and health within marital relationships, ensuring a fairer and more compassionate legal approach to divorce on the grounds of STDs.