COMPARATIVE STUDY OF JUDICIAL REVIEW UNDER INDIAN AND AMERICAN CONSTITUTION

AUTHOR – PRAJAKTA GAJARMAL, STUDENT OF DES SHRI NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – PRAJAKTA GAJARMAL, COMPARATIVE STUDY OF JUDICIAL REVIEW UNDER INDIAN AND AMERICAN CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 699-705, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

                Judicial review stands as a cornerstone of constitutional democracy; acting as a safeguard for individual rights and ensuring the supremacy of the constitution. This comparative study delves into the intricate mechanisms of judicial review under the Indian and American Constitution, examining their historical evolution, current practices and impact on the legal and political landscape. While both nations have embraced judicial review as a tool to balance power, the application and scope in India and the United States have diverged significantly due to differences in legal traditions, political environments, and constitutional frameworks. Judicial review in the United States was solidified by the landmark case Marbury v. Madison in 1803, whereas in India, it was introduced gradually through judicial interpretation, most notably post the landmark case of Kesavanda Bharti in 1973. This study explores the tension between judicial review and democratic principle in both nations, with a focus on how courts in each system navigate the delicate balance of power between the judiciary, legislature and executive. The central research problem is the extent to which judicial review has evolved to serve as an effective check on governmental overreach without undermining the democratic process. The hypothesis posits that while both systems aim to preserve constitutional integrity, the broader scope of judicial activism in India has led to different outcomes compared to the more restrained approach in the United States. To enhance the efficacy of judicial review while safeguarding democratic values, including the consideration of limits on judicial intervention and enhancing transparency in the judicial process. The research paper analyse the development of judicial review in both constitutional systems, critically compare their current frameworks, and propose reforms that can ensure a balanced and effective judicial review system that upholds the core principles of democracy and constitutionalism.

ANALYZING SECTION 154 CRPC + 173 OF BNSS IN LIGHT OF ZERO FIR: AN EMPIRICAL AND DOCTRINAL STUDY OF BNSS, 2023 IN LIGHT OF NCRB DATA

AUTHOR – MS. K. NOORUL SHIFA FARGATH*, MS. T. VAISHALI**, MR. S. SARAVANA KUMAR**

* STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW, CHENNAI, INDIA

** ASSISTANT PROFESSOR OF LAW, DEPARMTMENT OF CRIMINAL LAW AD CRIMINAL JUSTICE ADMINISTRATION, THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW, CHENNAI, INDIA

BEST CITATION – MS. K. NOORUL SHIFA FARGATH, MS. T. VAISHALI, MR. S. SARAVANA KUMAR, ANALYZING SECTION 154 CRPC + 173 OF BNSS IN LIGHT OF ZERO FIR: AN EMPIRICAL AND DOCTRINAL STUDY OF BNSS, 2023 IN LIGHT OF NCRB DATA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 690-698, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The introduction of the Zero FIR mechanism under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) represents a pivotal reform in India’s criminal justice system, ensuring that First Information Reports (FIRs) can be registered at any police station irrespective of territorial jurisdiction. This provision addresses longstanding procedural barriers that have historically delayed investigations and hindered victims’ access to justice. The doctrinal framework of FIRs, initially grounded in Section 154 of the Code of Criminal Procedure, 1973 (CrPC), has now been redefined under Section 173 of the BNSS, codifying judicial directions such as those laid down in Lalita Kumari v. Government of Uttar Pradesh which mandated compulsory FIR registration.^[1]

Empirical data from the National Crime Records Bureau (NCRB) 2022 Report reveals persistent challenges in FIR registration and delays in investigation, particularly in cases involving sexual offences, cybercrimes, and inter-state crimes.^[2]Zero FIR, by eliminating jurisdictional hurdles, directly responds to these concerns, reducing evidentiary loss and safeguarding victims’ rights.^[3]However, its successful implementation depends on police accountability, adequate training, and robust technological infrastructure to prevent misuse and administrative lapses.

This paper undertakes a doctrinal and empirical analysis of Zero FIR under BNSS, drawing upon NCRB statistics, legislative developments, and judicial precedents. It argues that Zero FIR must be backed by uniform enforcement protocols, e-FIR mechanisms, and inter-jurisdictional cooperation to ensure its effective functioning. Ultimately, this study contends that the statutory recognition of Zero FIR strengthens India’s commitment to victim-centric justice, constitutional guarantees of fair trial, and timely access to justice.

Keywords – Zero FIR, Section 154 CrPC, Section 173 BNSS, 2023, FIR registration, NCRB crime data

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[1] Lalita Kumari v. Gov’t of Uttar Pradesh, (2014) 2 SCC 1 (India).

[2] National Crime Records Bureau, Crime in India 2022: Statistics (Ministry of Home Affairs, Gov’t of India 2023), https://ncrb.gov.in.

[3] Ministry of Home Affairs, Bharatiya Nagarik Suraksha Sanhita, 2023 (No. 46 of 2023), Gazette of India, Dec. 25, 2023.

EXTRA JUDICIAL ENCOUNTER UNDER BNSS

AUTHOR – MS. LEPAKKSHI M K*, MS. T.VAISHALI**, MR. S. PRAVEEN*

* THE TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW, CHENNAI, INDIA

** ASSISTANT PROFESSOR OF LAW, DEPARTMENT OF CRIMINAL LAW & CRIMINAL JUSTICE AT THE TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW, CHENNAI,INDIA

BEST CITATION – MS. LEPAKKSHI M K, MS. T.VAISHALI, MR. S. PRAVEEN, EXTRA JUDICIAL ENCOUNTER UNDER BNSS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 680-689, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Extrajudicial encounters—commonly known as “encounter killings”—are among the most controversial practices in Indian policing, raising serious questions about the balance between public demand for quick justice and constitutional protections of due process. With the enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaces the Code of Criminal Procedure, 1973 (CrPC), debates about police powers and the safeguarding of fundamental rights have been renewed. This paper critically assesses whether the BNSS offers stronger protections against extrajudicial killings or, alternatively, whether its expanded rules on arrest, investigation, and use of force might legitimize police abuses.

The analysis begins with a conceptual understanding of extrajudicial encounters and their causes, followed by a comparative study of relevant provisions under the CrPC and the BNSS. Judicial pronouncements, particularly People’s Union for Civil Liberties v. State of Maharashtra (2014)^[1],have laid down mandatory safeguards against encounter killings, while constitutional protections under Articles 14, 21, and 22 remain the bedrock of the right to life and personal liberty. However, the persistent occurrence of encounter deaths and the glorification of “instant justice” highlight systemic failures of accountability.

This study further situates the BNSS within the broader framework of human rights law, referencing the guidelines of the National Human Rights Commission (NHRC)^[2] and international standards such as the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (1990)^[3].It argues that while the BNSS introduces procedural reforms—such as mandatory forensic investigation and stricter timelines for trial—the absence of explicit safeguards against unlawful police action raises concerns about potential misuse.

The paper concludes that without strong oversight, independent probes, and clearer limits on police powers, the BNSS may reinforce impunity. Ensuring accountability is crucial to uphold constitutional values and international human rights standards.

Keywords – Extrajudicial encounter, self defence, National Human Rights Commission, Universal Declaration of Human Rights, International Covenant on Civil and Political Rights

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[1] People’s Union for Civil Liberties v. State of Maharashtra, (2014) 10 SCC 635.

[2] National Human Rights Commission of India, “Guidelines on Encounter Deaths” (1997, revised 2010).

[3] United Nations, “Basic Principles on the Use of Force and Firearms by Law Enforcement Officials,” Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 27 August–7 September 1990.

MEDICAL EXPERTISE OF THE JUDICIARY AND THE EVOLVING ROLE OF THE EXPERT WITNESS FOR ASSISTING JUDICIAL APPRECIATION OF MEDICO-LEGAL EVIDENCE

AUTHOR – DR. SATISHCHANDRA PURUSHOTTAM KALE,  MS (ORTH.), FRCS (ORTH), M.CH (ORTH.), LL.B, LL.M

PH.D. RESEARCH SCHOLAR, NIMS SCHOOL OF LAW, NIMS UNIVERSITY, JAIPUR

BEST CITATION – DR. SATISHCHANDRA PURUSHOTTAM KALE, MEDICAL EXPERTISE OF THE JUDICIARY AND THE EVOLVING ROLE OF THE EXPERT WITNESS FOR ASSISTING JUDICIAL APPRECIATION OF MEDICO-LEGAL EVIDENCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 670-679, APIS – 3920 – 0001 & ISSN – 2583-2344

This article focuses on assessment of medical knowledge among judiciary members, how some degree of medical knowledge assists in decision making among members of the judiciary. Further, this article discusses the ever-expanding role and scope of the Expert witness including the selection of such experts underlining the significance of checks to achieve the confidence in the quality of testimonies and neutrality of the witness. Furthermore, the chapter explores the requirements that expert witnesses need to satisfy to provide credible, reliable and reproducible testimony for effectively assisting in justice delivery systems.

ARE WOMEN BEING DEPRIVED OF THEIR HUMAN RIGHTS? AN INTERSECTION OF PRO-CHOICE AND PRO-LIFE NOTION

AUTHOR – DEVARAGASHRI RAJARAMAN*, HARITA JAYARAMAN* & VAISHALI T**,

* STUDENTS AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY (TNDALU)

** ASSISTANT PROFESSOR OF LAW DEPARTMENT OF CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION, SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY (TNDALU)

BEST CITATION – DEVARAGASHRI RAJARAMAN, HARITA JAYARAMAN & VAISHALI T, ARE WOMEN BEING DEPRIVED OF THEIR HUMAN RIGHTS? AN INTERSECTION OF PRO-CHOICE AND PRO-LIFE NOTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 663-669, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

International human rights standards have matured notably to recognize that the deprival of abortion care in various circumstances contravenes women’s basic human rights. The plan of action which was taken on at the ICPD associating over 180 countries has an exclusive chapter discussing about the women’s empowerment entitled “reproductive rights and reproductive health” expressing the principle of autonomy. The question of whether women are being depressed of their human rights when access to abortion is confined is at the heart of this paper. This study looks at how bodily autonomy has influenced the acceptance of abortion as a fundamental human right claiming that the foundation of both gender equality and personal liberty is the ability to construct reproductive decisions.The pith of this paper is to emphasize that the right to abortion cannot be construed as a mere legal right but as a basic human right per se. This study aims to answer various questions on pro-choice and pro-life ideas and thereby leveraging the pro-women notion.

Key words: Abortion, human rights, pro-choice and pro-life, bodily autonomy.

POWERPLAY OF RIGHTS: POLICY MAKING AND LEGISLATIVE INTERVENTION IN INDIA

AUTHOR – ARIHANA GOHAIN, NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BENGALURU

BEST CITATION – ARIHANA GOHAIN, POWERPLAY OF RIGHTS: POLICY MAKING AND LEGISLATIVE INTERVENTION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 656-662, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

India’s governance structure is built on the doctrine of separation of powers, ensuring checks and balances between the legislative, executive, and judicial branches. However, in the Indian context, this principle is not applied in its absolute sense and allows a degree of flexibility and interdependence between the branches. There are areas where the branches collaborate for better governance, policymaking being one of them. Taking this as its context, this paper delves into the often-debated topic of executive power in policymaking within the Indian context.  

Drawing on the landmark case of Rai Sahib Ram Jawaya Kapur and Others v State of Punjab , this paper will explore the distinction between policies formulated by the executive independently and those requiring legislative sanction.^[1] The case examines the functions of the executive, focusing on the initiation and implementation of policies. This paper focuses on policy implementation, arising from the observation that this area lies at the intersection of legislative and executive functions which raises intriguing questions about the separation of powers. The interaction between the executive and legislature brings a new perspective with respect to governance functions in their practical sense and how it squares back to their constitutional significance.

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[1] Rai Sahib Ram Jawaya Kapur and Others v State of Punjab (1955) 2 SCR 225.

ARREST UNDER CRPC AND BHARTIYA NAGARIK SURAKSHA SAHITA (BNSS)

AUTHOR – SAMIKSHA PRABHAKAR NIKAM, STUDENT AT SHREE L.R. TIWARI COLLEGE OF LAW

BEST CITATION – SAMIKSHA PRABHAKAR NIKAM, ARREST UNDER CRPC AND BHARTIYA NAGARIK SURAKSHA SAHITA (BNSS), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 650-655, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) a significant revision of the country’s criminal procedure law was adopted by the Indian parliament in place of the colonial-era Code of Criminal Procedure, 1973. This essay critically examines the BNSS including its primary objectives, laws, and potential consequences for the criminal justice system in India. It examines the basis for the legislative change, highlighting a change in focus toward victim-centric tactics, technological integration, and procedural effectiveness. The report also critically examines potential challenges and debates surrounding the implementation of the BNSS, such as concerns over the appropriate balance between state power and individual freedom and the preparation of the legal and law enforcement systems, and potential consequences for the rights of the accused. This study attempts to provide a complete understanding of the relevance of this previous law in influencing the direction of criminal justice in India its key characteristics and possible implications.

ORGANIZATIONAL ADAPTATION- UNIQUE AND CREATIVE INITIATIVE ACROSS THE GLOBE

AUTHOR – MR. ASHTEKAR RAGHAV PANDIT, LL.M. STUDENT AT SPPU- PUNE

BEST CITATION – MR. ASHTEKAR RAGHAV PANDIT, ORGANIZATIONAL ADAPTATION- UNIQUE AND CREATIVE INITIATIVE ACROSS THE GLOBE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 641-649, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Original adaptation is a transformative approach that integrates innovation, sustainability, and cultural heritage to address global challenges. Across various sectors—technology, education, healthcare, urban development, and environmental conservation—nations are implementing unique and creative initiatives to adapt to changing socio-economic and ecological conditions. For instance, Japan blends artificial intelligence with traditional craftsmanship to preserve heritage industries, while Scandinavian countries lead in sustainable urban planning through eco-friendly architecture. In education, Finland and Singapore have pioneered personalized learning systems, enhancing adaptability in modern pedagogy.

Organizational Adaptation The process of adjusting strategies, structures, and operations to cope with changes in the environment, such as market shifts, technological advancements, or climate change.  Mitigation Actions taken to reduce or prevent potential negative impacts, such as implementing risk management strategies, reducing emissions, or improving operational efficiency. Resilience Building Strengthening an organization’s ability to recover from disruptions, adapt to changes, and sustain long-term success through proactive planning, flexibility, and innovation.

Climate resilience is another focus, with the Netherlands developing floating infrastructure to mitigate flood risks and African nations promoting reforestation projects to combat desertification. Social enterprises, such as Bangladesh’s Grameen Bank, empower marginalized communities through microfinance initiatives, while blockchain technology enhances transparency in global governance. These diverse examples highlight the power of adaptive thinking in fostering sustainability, resilience, and economic growth.

Keywords: Original adaptation, innovation, sustainability, technology, urban development, education, healthcare, climate resilience, social entrepreneurship, creative initiatives.

BIODIVERSITY CONSERVATION AND THE CONVENTION ON BIOLOGICAL DIVERSITY

AUTHOR – MR. KHILARI PRAVIN LAXMAN, LL.M. STUDENT AT SPPU- PUNE

BEST CITATION – MR. KHILARI PRAVIN LAXMAN, BIODIVERSITY CONSERVATION AND THE CONVENTION ON BIOLOGICAL DIVERSITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 633-640, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Maintaining the health of ecosystems and the Benefits they offer to human societies such as food, water, disease prevention, and climate regulation requires biodiversity protection. The main international legal framework for protecting the planet’s biological resources, encouraging sustainable usage, and Ensuring a fair distribution of benefits resulting from the use of genetic resources is the 1992 Convention on Biological Diversity (CBD). This essay looks at the objectives and provisions of the CBD, including how it helps direct worldwide efforts to conserve biodiversity, promotes international collaboration, and incorporates biodiversity into national policies.

It draws attention to the notable advancements in the preservation of biodiversity as well as the issues that still exist, like habitat loss, climate change, and resource overuse. Along with discussing the significance of increasing funding, fortifying legal frameworks, and cultivating political will in order to accomplish the lofty aims of the CBD, the article also examines novel approaches to conservation, such as ecosystem-based management and community-driven conservation efforts. In order to accomplish the CBD’s main goal of creating a sustainable and biodiverse Earth for future generations, the paper ultimately makes the case for a more coordinated, creative, cooperative approach to biodiversity conservation.Keywords: Biodiversity Conservation, Convention on Biological Diversity(CBD),Sustainable Development, Ecosystem Services, Global Governance, Biodiversity Protection, Environmental Policy, Ecosystem-based Management, Biodiversity Targets, Ecosystem-based Management.

DIGITAL INHERITANCE (WASIYYAH) & CRYPTO: RECONCILING MUSLIM SUCCESSION LAW WITH VIRTUAL/DIGITAL ASSETS

AUTHOR – ADITYA MISHRA*, MD SAQIB ANSARI* & AKSHAT MISHRA*

* STUDENTS AT NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL

BEST CITATION – ADITYA MISHRA, MD SAQIB ANSARI & AKSHAT MISHRA, DIGITAL INHERITANCE (WASIYYAH) & CRYPTO: RECONCILING MUSLIM SUCCESSION LAW WITH VIRTUAL/DIGITAL ASSETS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 620-632, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This research explores the complex intersection of Islamic inheritance law with digital asset succession, examining how traditional Muslim succession principles apply to cryptocurrencies, NFTs, and blockchain-based assets in contemporary legal contexts. The study establishes that private keys and digital assets constitute “Mal Mutaqawwim” (valued property) under Islamic jurisprudence, making them subject to Faraid distribution requirements and heritable under Muslim personal law. Key findings demonstrate that while blockchain technology’s decentralized nature and cryptographic access mechanisms present novel challenges for traditional inheritance procedures, these technical characteristics do not fundamentally contradict Islamic succession principles but require innovative implementation approaches. The research reveals significant practical complications including proof of ownership difficulties in pseudonymous blockchain networks, valuation challenges for volatile digital assets during estate distribution, and cross-jurisdictional enforcement problems exacerbated by India’s restrictive cryptocurrency tax framework imposing 30% taxation on digital asset transfers. Through doctrinal analysis combining classical Islamic legal texts with contemporary scholarly consensus, the study proposes a hybrid framework utilizing smart contracts for automated Faraid compliance, multi-signature wallet arrangements for secure heir access, and comprehensive legislative reforms to Muslim personal law statutes. The research concludes that Islamic inheritance law’s historical adaptability enables successful accommodation of digital assets while preserving core religious principles, requiring legal innovation rather than doctrinal revision to address technological evolution in wealth transfer mechanisms.

Keywords: Islamic inheritance law, digital assets, cryptocurrency succession, Mirath, Faraid distribution, blockchain technology, Muslim personal law, private keys, smart contracts, cross-jurisdictional enforcement