Author: PRASANNASRI26092001

ONLINE SURVEILLANCE, DATA PROTECTION, AND PRIVACY IN INDIA: A CONSTITUTIONAL AND LEGAL PERSPECTIVE

AUTHOR – PRIYANSHU CHATURVEDI, STUDENT AT UNIVERSITY OF ALLAHABAD

BEST CITATION – PRIYANSHU CHATURVEDI, ONLINE SURVEILLANCE, DATA PROTECTION, AND PRIVACY IN INDIA: A CONSTITUTIONAL AND LEGAL PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 455-459, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Recognizing the right to privacy as a fundamental right in the Indian Constitution has changed how we think about personal freedom and state power. These days, everything’s digital. The government and private companies collect, handle, and store our personal data all the time. That brings up big questions about surveillance, autonomy, and dignity—questions that go right to the heart of the Constitution.

This paper digs into how the idea of privacy has grown in India, starting from its roots in the Constitution and shaping up through the courts, especially after the huge Justice K.S. Puttaswamy v. Union of India decision back in 2017. It looks at the new problems cropping up as digital governance expands—things like mass surveillance, biometric ID systems, and data-driven policies. There’s always a tug-of-war between state interests like national security or public order and the rights of individuals to privacy and autonomy. The paper looks at how courts and lawmakers have tried to strike that balance, and it brings in international privacy law to show where India stands. Honestly, with digital tech moving so fast, if we don’t have strong laws, real oversight, and tough data protection, the whole promise of privacy could fade away. The study wraps up with practical legal steps India can take to strengthen privacy protections and keep that constitutional promise alive

BAILABLE AND NON-BAILABLE OFFENCES: A COMPARATIVE LEGAL ANALYSIS

AUTHOR – SANSKRITI UPADHYAY, STUDENT AT SHAMBHUNATH INSTITUTE OF LAW, JHALWA, PRAYAGRAJ

BEST CITATION – SANSKRITI UPADHYAY, BAILABLE AND NON-BAILABLE OFFENCES: A COMPARATIVE LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 449-455, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

Bail is an important part of how criminal cases work. It helps make sure that the person who is accused of a crime is treated fairly and that society is protected. In India, there are two types of crimes. Bailable and non-bailable. This means that the police and the courts have some freedom to decide whether or not to let someone out on bail, depending on what kind of crime they’re accused of. Bail is a deal because it affects the freedom of the person who is accused, and it also affects how society is kept safe. The Indian criminal law says that some crimes are bailable and some are not, and this is what helps the police and the courts make their decisions about bail. The Code of Criminal Procedure 1973 has been replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023. This means that the rules for bail in India have changed a lot. The Bharatiya Nagarik Suraksha Sanhita, 2023, is trying to stop people from being held in jail for no reason. It also wants to make sure that people’s rights as given by the Constitution are protected. The changes in the Bharatiya Nagarik Suraksha Sanhita, 2023, are big. They are changing the way bail works in India. This paper looks at the difference between crimes where you can get bail and crimes where you cannot get bail. It talks about the rules that govern bail and the rights that people who are accused of a crime have at various stages of the process. The paper looks at how the idea of bail has changed over time in India. It examines the laws tthat arepart of the BNSS and talks about the principles that judges use to decide whether or not to give someone bail. The paper also looks at how the laws about bail are actually used in real life and finds some problems that keep happening, such as too many people in jail waiting for trial, people being treated unfairly because of their social status and money and judges making different decisions in similar cases. Through this analysis, the paper underscores the importance of bail as an instrument of personal freedom and emphasises the need for a balanced and rights-oriented approach in the administration of criminal justice.

DOCTRINE OF SEPARATION OF POWERS AND JUDICIAL REVIEW: STRIKING A CONSTITUTIONAL BALANCE

AUTHOR – DR. JYOTI YADAV* & ALOK KUMAR**

* PROFESSOR AT AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS

** STUDENT AT AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS

BEST CITATION – DR. JYOTI YADAV & ALOK KUMAR, DOCTRINE OF SEPARATION OF POWERS AND JUDICIAL REVIEW: STRIKING A CONSTITUTIONAL BALANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 443-448, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The doctrine of separation of powers is one of the fundamental tenets of constitutionalism, designed to avoid the concentration of power and to secure liberty through checks. Judicial review, as a constitutional instrument, gives the judiciary the ability to review actions taken by the legislature and the executive to ensure that they are consistent with the provisions of the constitution. Despite the two instruments, the aim is to ensure the supremacy of the constitution and the rule of law and not the rule of man. As their relationship has often been fraught with tension, especially in constitutional democracies where the judiciary is actively engaged in defending constitutional rights. In the Indian context, this tension is most apparent in the debate over judicial activism, judicial restraint, and judicial overreach. This paper will critically assess the relationship between the doctrine of separation of powers and judicial review, primarily in the Indian constitutional tradition, with comparative insights from other systems. It argues that judicial review, when exercised within constitutional limits and guided by institutional restraint, does not violate separation of powers but rather strengthens the constitutional balance envisioned by the framers. The study concludes that a functional and cooperative interpretation of separation of powers is essential for sustaining democratic governance, the rule of law, and constitutional supremacy.

Keywords: Separation of Powers, Judicial Review, Constitutional Balance, Judicial Restraint, Rule of Law

INDIA AND GLOBAL GOVERNANCE: BRIDGING REGIONAL ASPIRATIONS WITH GLOBAL AGENDAS

AUTHOR – SHIVANANDAN DARADE, DES’S SHRI. NAVALMAL FIRODIA LAW COLLEGE

BEST CITATION – SHIVANANDAN DARADE, INDIA AND GLOBAL GOVERNANCE: BRIDGING REGIONAL ASPIRATIONS WITH GLOBAL AGENDAS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 433-442, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

India’s journey in the realm of global governance reflects its unique position as both a regional leader and a pivotal player on the global stage. Balancing its diverse domestic priorities with its aspirations for greater influence in international decision-making, India strives to bridge regional aspirations with global agendas. This seminar paper explores India’s evolving role in global governance, examining its contributions, challenges, and opportunities in shaping international norms and institutions. The paper begins by highlighting India’s historical engagement with global governance frameworks, from its active participation in the United Nations to its leadership in the Non-Aligned Movement. It delves into India’s advocacy for reforms in international institutions such as the United Nations Security Council, where it seeks a permanent seat to reflect contemporary geopolitical realities. India’s leadership in addressing global issues like climate change, public health, and sustainable development through forums such as the G20 and BRICS underscores its commitment to equitable and inclusive global governance. At the regional level, India’s role in fostering cooperation through initiatives like SAARC, BIMSTEC, and the Indo-Pacific framework demonstrates its commitment to bridging regional aspirations with global objectives. However, the paper also critically examines challenges, including geopolitical tensions, resource constraints, and the complexities of balancing domestic development with international responsibilities. By integrating regional priorities into the global governance agenda, India aims to contribute to a more equitable, multipolar world order. This paper argues that India’s strategic approach to global governance—grounded in its democratic ethos, economic potential, and cultural diversity—offers a model for other emerging powers. As India navigates the complexities of global leadership, its efforts to harmonize regional aspirations with global imperatives remain pivotal for fostering sustainable and inclusive international cooperation.

Key Words- Global Governance, Sustainable Development, Geopolitics, Climate Change, United Nations, Organizations.

EFFECTIVENESS OF RBI’S PRUDENTIAL NORMS ON NPA REDUCTION: AN ANALYSIS OF POST-2015 REFORMS

AUTHOR – ADV.TEJASWANI PRASADAM, NALSAR UNIVERSITY

BEST CITATION – ADV.TEJASWANI PRASADAM, EFFECTIVENESS OF RBI’S PRUDENTIAL NORMS ON NPA REDUCTION: AN ANALYSIS OF POST-2015 REFORMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 423-432, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Reserve Bank of India (RBI Non-Performing Assets (NPAs) represent the main concern for Indian banks, undermining profitability and jeopardizing financial stability.) has systematically strengthened prudential regulations concerning income recognition, asset categorization, and provisioning, particularly post-2015, through initiatives such as the Asset Quality Review (AQR), Prompt Corrective Action (PCA), and updated IRAC requirements. This paper examines the efficacy of these prudential measures in diminishing NPAs and enhancing the lending culture of Indian banks. The study utilizes NPA data, RBI circulars, and case studies from public and private sector banks to ascertain if regulatory reforms have effectively mitigated stressed assets or merely reclassified them into restructured categories. Comparative analyses of international prudential regimes will be examined to underscore optimal methods for enhancing India’s NPA management.

COMPARATIVE ANALYSIS OF TERRORIST ACT DEFINITIONS UNDER THE BHARATIYA NYAY SANHITA (BNS), THE UNLAWFUL ACTIVITIES (PREVENTION) ACT (UAPA), AND THE CHHATTISGARH SPECIAL PUBLIC SECURITY ACT (CGSPSA)

AUTHOR – P. VEENA SWAMI, (RESEARCH SCHOLAR), J. YOGANANDAM CG COLLEGE RAIPUR

BEST CITATION – P. VEENA SWAMI, COMPARATIVE ANALYSIS OF TERRORIST ACT DEFINITIONS UNDER THE BHARATIYA NYAY SANHITA (BNS), THE UNLAWFUL ACTIVITIES (PREVENTION) ACT (UAPA), AND THE CHHATTISGARH SPECIAL PUBLIC SECURITY ACT (CGSPSA), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 419-422, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The definition of “terrorist act” forms the backbone of counter-terrorism legislation, shaping the scope of criminal liability, investigative powers, and judicial interpretation. India’s counter-terrorism framework is not governed by a single statute but by a combination of central and state legislations, each addressing internal security concerns from distinct perspectives. The recent enactment of the Bharatiya Nyay Sanhita, 2023 (BNS), replacing the Indian Penal Code, has reintroduced terrorism-related offences within the general criminal law framework, alongside the existing Unlawful Activities (Prevention) Act, 1967 (UAPA), and state-specific legislations such as the Chhattisgarh Special Public Security Act, 2005 (CGSPSA).

This paper undertakes a comparative analysis of the definitions of “terrorist act” and related unlawful activities under these three legislations. It critically examines the conceptual scope, constituent elements, intent requirements, and consequences attached to such definitions. The study highlights overlaps, divergences, and ambiguities among the statutes, particularly in relation to civil liberties, federal balance, and proportionality. By analyzing judicial interpretations and legislative intent, the paper argues that while these laws aim to safeguard national security, the absence of definitional clarity and uniform standards risks misuse and over-criminalization. The study concludes by recommending harmonization, clearer statutory thresholds, and stronger safeguards to balance security imperatives with constitutional rights.

Keywords: Terrorism; Bharatiya Nyay Sanhita; UAPA; CGSPSA; National security; Criminal law; Civil liberties

THE SPECIFIC RELIEF (AMENDMENT), ACT 2018 –AN OVERVIEW

AUTHOR – DR. UMADEVI R. HIREMATH, ASST. PROF., B.V. BELLAD LAW COLLEGE, LINGARAJ COLLEGE CAMPUS, BELAGAVI

BEST CITATION – DR. UMADEVI R. HIREMATH, THE SPECIFIC RELIEF (AMENDMENT), ACT 2018 –AN OVERVIEW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 415-418, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Specific Relief (Amendment), Act 2018 has become a mandatory rule of practice to provide specific performance as a remedy to the aggrieved person.  The Act seeks to address the issue of delay in relation to the enforceability of contracts. It has eliminated the inadequacy test by substituting Sections 10, 14 and 20 in entirety. The Amended Act provides that the aggrieved person can now choose for a substituted performance or the compensation instead of the specific relief. Thus, the Amendment Act gives considerable weight age to the convenience of choice to the aggrieved person.

Key Words: The Specific Relief (Amendment) Act, 2018, Specific Performance ,Substituted Performance, Infrastructure Projects

BETWEEN LAW AND LIFE: A SOCIO-LEGAL STUDY ON MEDICAL TERMINATION OF PREGNANCY, 1971–2025

AUTHORS – LITHIKHA R & MANI MUGILAN SARAVANAN

STUDENTS AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES

BEST CITATION – LITHIKHA R & MANI MUGILAN SARAVANAN, BETWEEN LAW AND LIFE: A SOCIO-LEGAL STUDY ON MEDICAL TERMINATION OF PREGNANCY, 1971–2025, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 409-414, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/EYGL2791

ABSTRACT:

The philosophy of yin and yang applies to most of the problems in society. The current society has developed a perspective called equality, where both men and women are equal yet there is still social stigmas which pushes women to an informal system. Here, yang represents evolving laws and yin represents unlawful termination. When law does not evolve over a long time it leads to an increase in crime. One of the serious offences against life under conservative perspective is Medical Termination of Pregnancy, known as abortion. Medical Termination of Pregnancy Act, 1971, as amended in 2021, provides the exclusive legal framework governing abortion service in India. Abortion remains a criminal offence under section 88 of BNS, 2023 with MTP Act serving as the sole statutory exception. Even though it is considered an offence against life, there are risks for the mother, when MTP is done in “Third-trimester” or when the patient is a minor. The POCSO Act imposes mandatory reporting for minors, while the PCPNDT Act creates restrictive compliance burdens. especially for minors and second- trimester procedures. These laws impose mandatory reporting and strict documentation, often deterring providers from offering services. Despite legal provisions, about 78% of India’s 15.6 million annual abortions are unauthorized due to regulatory barriers, driving women towards unsafe options. This paper deals with laws related to medical termination of pregnancy and punishment for illegal abortion. It consists of statistical data on annual incidence of illegal abortion. The main aim of this paper is to assess societal awareness about the risk of medical termination of pregnancy and steps taken by the government to prevent unauthorized MTP in India.

KEY WORDS:                                                                                      Medical Termination of Pregnancy (MTP) Act, Abortion, Bharatiya Nyaya Sanhita,2023 (BNS), POCSO Act, PCPNDT Act, Trimester based risk, minors, India.

A COMPREHENSIVE ANALYSIS OF MARCH 2024 AMENDMENTS, SHORTENED REQUEST FOR EXAMINATION DEADLINES, AND FORM 27 MODIFICATIONS

AUTHOR – S.RENUKA, ASSISTANT PROFESSOR, GOVERNMENT LAW COLLEGE, TRICHY

BEST CITATION – S.RENUKA, A COMPREHENSIVE ANALYSIS OF MARCH 2024 AMENDMENTS, SHORTENED REQUEST FOR EXAMINATION DEADLINES, AND FORM 27 MODIFICATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 392-408, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/BABJ6166

ABSTRACT

India’s Ministry of Commerce and Industry has, on March 15, 2024, notified the Patents (Amendment) Rules, 2024, thereby marking a major development in the Indian patent system. The amendments have made drastic changes to the patent prosecution timelines, opposition procedures, and patent working disclosure requirements. The article discusses in detail the three key changes: the shortening of Request for Examination (RFE) deadlines from 48 months to 31 months based on the priority date; the speeding up of the opposition review timelines for both pre-grant and post-grant oppositions; and the major change in the Form 27 working statement from annual to triennial filing intervals with significantly simplified information disclosure. The study’s methodology includes an in-depth legal doctrinal analysis, case law scrutiny, and a comparative approach to jurisprudence. It has evaluated the consequences of the new patent rules for patent applicants, patent holders, and public interest groups, especially in the pharmaceutical industry. The article pinpoints significant research gaps related to empirical enforcement data, compulsory licensing under Section 83-84, and access to medicines implications, while also suggesting methodological frameworks for future studies.

Keywords: Patent Rules 2024, Request for Examination, Form 27, Working Requirements, Opposition Timelines, Pharmaceutical Patents, India, Patentability, Patent Prosecution

“ACCESS TO JUSTICE IN INDIA: A SOCIO‑LEGAL STUDY OF HOW LAW, SOCIETY AND INSTITUTIONS SHAPE THE RIGHT TO FAIR AND EFFECTIVE JUSTICE”

AUTHOR – ANKUSH SRIVASTAVA & ANSHU JAISWAL

STUDENTS AT BABU BANARASI DAS UNIVERSITY

BEST CITATION – ANKUSH SRIVASTAVA & ANSHU JAISWAL, “ACCESS TO JUSTICE IN INDIA: A SOCIO‑LEGAL STUDY OF HOW LAW, SOCIETY AND INSTITUTIONS SHAPE THE RIGHT TO FAIR AND EFFECTIVE JUSTICE”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 385-391, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/EIMX3979

1.Introduction  

Access to justice is widely recognised as a foundational requirement for the legitimacy of any legal system, because rights on paper are meaningless if people cannot effectively enforce them. In India, this idea is embedded in the Preamble’s promise of justice—social, economic and political—and operationalised through constitutional provisions, statutory schemes and judicial decisions that seek to remove economic and social barriers to courts and legal remedies. Yet, despite this strong normative framework, a significant gap persists between formal guarantees and lived realities, particularly for poor, marginalised and rural communities who continue to experience the legal system as distant, expensive and intimidating. This paper uses a socio‑legal approach to examine how law, society and institutions actually shape the right to fair and effective justice in India, moving beyond doctrinal analysis to include social structures, power relations, and everyday experiences of litigants. The study aims to connect constitutional ideals with empirical realities, highlighting how caste, class, gender, geography and institutional design together determine who gets justice, how quickly, and at what cost.