“BAIL AND JUDICIAL REVIEW”

AUTHOR- MOHAMMAD AZEEM CHAUDHARI* & MS. ASTHA SRIVASTAVA**

*LLB, AMITY LAWS SCHOOL

** ASSISTANT PROFESSOR OF AMITY LAWS SCHOOL, AMITY UNIVERSITY LUCKNOW, UTTAR PRADESH

BEST CITATION – MOHAMMAD AZEEM CHAUDHARI & MS. ASTHA SRIVASTAVA, “BAIL AND JUDICIAL REVIEW”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 392-406, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The institution of bail and doctrine of judicial review are core principles of a democratic justice system, particularly in the context of constitutional and criminal law. Bail is a legal mechanism to secure the freedom of an accused pending trial, upholding the presumption of innocence and safeguarding citizens from excessive pre-trial confinement. Judicial review, by contrast, acts as a constitutional check whereby superior courts can examine the legality and justice of judgments made by subordinate courts and executive organs, such as orders for the grant or withholding of bail. The balancing act between bail and judicial review assumes a critical role where the cases involve constitutional rights, procedural impropriety, and legal process abuse. This abstract discusses the development of bail jurisprudence in terms of constitutional provisions, judicial principles, case laws, and international human rights standards, and examines how judicial review serves as a corrective and supervisory device in ensuring that bail orders are made justly, equitably, and within the scope of the law. Stress is given to the judiciary’s role to achieve a balance between personal freedom and public interest, particularly under special laws, and protection of rights of marginalized and undertrial groups through its judicial review power.KEYWORDS: Bail, Judicial Review, Criminal Justice, Personal Liberty, Fundamental Rights, Constitution of India, Pre-trial Detention, Anticipatory Bail, Judicial Discretion,

A CRITICAL STUDY OF THE PRIVATE BANKING SYSTEM IN INDIA

AUTHOR – KUNAL KUMAR TULI, STUDENT AT AMITY UNIVERSITY

BEST CITATION – KUNAL KUMAR TULI, A CRITICAL STUDY OF THE PRIVATE BANKING SYSTEM IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 386-391, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The private banking sector in India plays a pivotal role in fostering financial intermediation, mobilizing capital, and supporting economic development. In recent decades, private banks have significantly expanded their presence, often outpacing public sector counterparts in terms of technological adoption, service delivery, and customer experience. This dissertation undertakes a critical examination of the structure, performance, and regulatory framework of the private banking system in India. It explores the evolution of private banking post-liberalization, evaluates key operational and governance models, and assesses the systemic importance of leading private sector banks. The study further analyzes regulatory oversight by the Reserve Bank of India (RBI), especially in light of rising concerns over non-performing assets (NPAs), financial frauds, and corporate governance lapses. Using both qualitative and quantitative methodologies, including case studies of prominent banks, the research identifies structural vulnerabilities, compliance challenges, and policy gaps. The dissertation concludes with recommendations aimed at strengthening risk management, enhancing regulatory transparency, and promoting sustainable growth within India’s private banking ecosystem.

SUSTAINABLE AGRICULTURE AND FOOD SYSTEM IN INDIA: CHALLENGES AND OPPORTUNITIES

AUTHOR – TANAZ SIDDIQUI* & NIKUNJ SINGH YADAV**

* STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN

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

BEST CITATION – TANAZ SIDDIQUI & NIKUNJ SINGH YADAV, SUSTAINABLE AGRICULTURE AND FOOD SYSTEM IN INDIA: CHALLENGES AND OPPORTUNITIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 376-385, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

India has recently been experiencing a rapid transformation as it approaches the status of a developed nation, potentially surpassing others in this regard sooner than expected. Nevertheless, this progress has sparked concerns due to the country’s increasing population, prompting experts to advocate for “sustainable development” to ensure that the nation’s achievements remain accessible for future generations, a cause that has garnered significant attention in recent years. While various sectors continue to thrive, agriculture has consistently served as the foundation of the Indian economy; thus, to establish a robust agricultural system, the concept of sustainable agriculture has been emphasized heavily in recent times.

The primary aim of sustainable agriculture is to alleviate hunger, poverty, and malnutrition for the expanding population of the nation while also ensuring environmental well-being. In a country like India, food security has become a top priority due to the rapid population growth. The issues of sustainable agriculture and food security have emerged as significant concerns in the twenty-first century. The Green Revolution has been crucial in achieving high food productivity, but it has also resulted in soil and water pollution, climate change, and a decrease in biodiversity. As a result, meeting the food needs of the population while protecting the environment presents two major challenges for the agricultural sector. Therefore, sustainable agriculture must adopt comprehensive approaches and demonstrate adaptability and flexibility over time to adequately address the increasing demands for food production. This article aims to raise awareness about food security and to outline the challenges and opportunities associated with it for the benefit of humanity.

Key words: Sustainable Agriculture, Food Security, Environment, Poverty, Population.

A CRITICAL ANALYSIS OF THE INTERNATIONAL JUSTICE SYSTEM ON SELF DEFENCE IN INTERNATIONAL LAW

AUTHOR – GAYATHRI. U, POSTGRADUATE, LLM – INTERNATIONAL LAW AND ORGANIZATIONS, DEPARTMENT OF LEGAL STUDIES, UNIVERSITY OF MADRAS, ADVOCATEGAYATHRIUMAPATHY@GMAIL.COM

BEST CITATION – GAYATHRI. U, A CRITICAL ANALYSIS OF THE INTERNATIONAL JUSTICE SYSTEM ON SELF DEFENCE IN INTERNATIONAL LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 363-376, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT:

Self Defence being an inherent right, it can only be regulated and not restrained. Every state under international law is vested with the sovereign power to use defensive force against any unprecedented attacks or aggression. International law permits defensive force and prohibits offensive force. Apart from customary international law, the international justice system plays a predominant role in regulating the right to exercise defensive force by the state. Though defensive forces are considered a lawful use of force, they are not unlimited. It is pertinent to analyse the interpretation of international courts to understand the acceptable application and usage of self-defence. This research predominantly focuses on the judgments and opinions delivered by the Military Tribunals and the International Court of Justice on self-defence arising from pre- and post-Nicaragua. This research limits its focus to the practical aspects of self-defence and provides a vast exploration of the court’s interpretation of self-defence. This research contributes to the understanding of the Court’s view on the usage of self-defence in international law.

Keywords:

Self Defence, International Justice System, International Court of Justice, Nicaragua and Use of Force.

PREVENTIVE DETENTION AND VIOLATION OF HUMAN RIGHTS WITH SPECIAL REFERENCE TO TAMILNADU ACT 14 OF 1982-A CRITICAL ANALYSIS

AUTHOR – Dr.REKHA V,ASSISTANT PROFESSOR OF LAW (S.G) IN CHENNAI DR. AMBEDKAR GOVERNMENT LAW COLLEGE, PUDUPAKKAM, MAIL ID: REKHASURESH1817@GMAIL.COM

BEST CITATION – Dr. REKHA V, PREVENTIVE DETENTION AND VIOLATION OF HUMAN RIGHTS WITH SPECIAL REFERENCE TO TAMILNADU ACT 14 OF 1982-A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 29-34, APIS – 3920 – 0001 & ISSN – 2583-2344.

Recent findings by the Supreme Court suggest that preventive detention provisions are remnants of colonialism and grant the state discretionary power. It was observed that they also pose a significant danger to an individual’s entitlement to personal freedom, as protected by Article 21. Furthermore, apart from the remark made by the Supreme Court, there have been several instances where laws have been improperly employed, leading to the presentation of cases before the Courts. For the purpose of safeguarding public order or national security, the government has the authority to detain an individual in preventive custody without pressing charges or initiating a trial. The field of humanities has been a prominent subject of conversation since the General Assembly of the United Nations officially accepted the Universal Declaration of Human Rights on December 10, 1948. Human rights organizations have been diligently striving to safeguard these fundamental rights in numerous places across the globe. There are no constraints or prohibitions on the fundamental rights of individuals in any particular country. The right in question is a basic human entitlement that is universally applicable, irrespective of one’s race, gender, sexual orientation, language, religion, political ideology, nationality, or any other characteristic. These rights should not be impeded by an autocratic government or a malevolent individual.

DIGITALIZATION OF LAND RECORDS: A LEGAL PERSPECTIVE ON E-GOVERNANCE AND PROPERTY RIGHTS

UNDER THE SUB THEME OF

DIGITIZATION OF LAND RECORDS

AUTHOR – Dr. REKHA V,ASSISTANT PROFESSOR OF LAW (S.G) IN CHENNAI DR. AMBEDKAR GOVERNMENT LAW COLLEGE, PUDUPAKKAM, MAIL ID: REKHASURESH1817@GMAIL.COM

BEST CITATION – Dr. REKHA V, DIGITALIZATION OF LAND RECORDS: A LEGAL PERSPECTIVE ON E-GOVERNANCE AND PROPERTY RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 18-28, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The digitalization of land records is a transformative step towards ensuring transparency, efficiency, and security in property rights management. This process involves the integration of technology with legal frameworks to streamline land administration, reduce fraudulent transactions, and enhance accessibility. In India, initiatives such as the Digital India Land Records Modernization Programme (DILRMP) aim to create a centralized, tamper-proof digital database of land records, ensuring uniformity and reducing litigation. The transition from manual record-keeping to digital platforms presents significant legal challenges, including concerns over data privacy, cybersecurity, interoperability of databases, and discrepancies in traditional land tenure systems. The legal framework governing land digitalization must align with constitutional property rights, data protection laws, and emerging concerns regarding artificial intelligence and blockchain applications in land governance. Furthermore, jurisdictional issues between state and central governments add complexity to policy implementation. This paper explores the role of digitalization in strengthening legal certainty over land ownership, mitigating disputes, and ensuring social justice in property distribution. It also examines landmark judicial precedents and statutory provisions that influence the evolving landscape of e-governance in land administration. Ultimately, digitalization must strike a balance between efficiency and legal safeguards to uphold citizens’ fundamental property rights while leveraging technology for seamless governance.

Keywords: Digital Land Records, Property Rights, E-Governance, Legal Framework, Cybersecurity in Land Administration

FROM COMMERCIAL NEXUS TO ALTRUISTIC IMPERATIVE: THE LEGAL EVOLUTION OF SURROGACY IN INDIA

AUTHOR – HARSHITA CHOUBEY & AVIJIT SHUKLA, ASSISTANT PROFESSORS FROM SCHOOL OF LAW AND PUBLIC POLICY, AVANTIKA UNIVERSITY, UJJAIN (M.P.)

BEST CITATION – HARSHITA CHOUBEY & AVIJIT SHUKLA, FROM COMMERCIAL NEXUS TO ALTRUISTIC IMPERATIVE: THE LEGAL EVOLUTION OF SURROGACY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 09-17, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper presents a detailed and humanized legal analysis of surrogacy in India, examining its historical development and the subsequent formulation of a statutory regime under the Surrogacy (Regulation) Act, 2021. It traces the shift from an unregulated commercial surrogacy framework to a statutorily governed altruistic model, reflecting the Indian legislature’s intent to uphold ethical standards, safeguard reproductive rights, and prevent exploitation. Through a doctrinal review of judicial interventions and statutory provisions, the paper evaluates the strengths of the legal framework, particularly its protective intent and emphasis on ethical surrogacy practices, as well as its limitations, including exclusionary eligibility criteria and the risk of unintended consequences such as the emergence of underground arrangements. The analysis further contextualizes India’s legal approach through a comparative assessment of international surrogacy laws and offers insights for potential policy reform. In final analysis, the study makes the case for a more equitable and inclusive regulatory framework that upholds the welfare and dignity of all parties concerned, supports reproductive autonomy, and is consistent with constitutional principles.

Keywords: Surrogacy India, Commercial Surrogacy, Altruistic Surrogacy, Reproductive Rights, Legal Framework, Ethical Concerns, Judicial Interventions, Comparative Law, Policy Implications, Reproductive autonomy.

CLIMATE REFUGEES AND INTERNATIONAL LAWS

AUTHOR – NARAYAN KUMAR JHA, STUDENT AT LAW COLLEGE DEHRADUN FACULTY OF UTTARANCHAL UNIVERSITY

BEST CITATION – NARAYAN KUMAR JHA, CLIMATE REFUGEES AND INTERNATIONAL LAWS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 01-08, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Climate change refugees are individuals or groups forced to leave their homes and countries due to the adverse effects of climate change, such as rising sea levels, extreme weather events, and environmental degradation. International laws and frameworks related to climate refugees are still evolving, but several existing agreements can be applied to assist and protect them. The 1951 Refugee Convention, the 1985 Convention on the Status of Refugees in Latin America, Guiding Principles on Internal Displacement, the United Nations Framework Convention on Climate Change, and the Global Compact for Safe, Orderly, and Regular Migration all provide support and guidance for climate refugees. To ensure their rights and safety, international legislation must acknowledge and defend them, uphold human rights, raise awareness, support policy changes, and use a methodical approach with ethical deliberations. Addressing climate refugees requires a multipronged strategy, including political discussions, diplomatic pressure, and collaboration between nation-states.

KEYBOARD: WHO, UNFCC, Conferences, Climate Issue, Environmental Acts, Natures, Countries, Political, Population, Data.

“A STUDY ON THE CONSTITUTIONAL VALIDITY OF ACQUISITION OF PROPERTY UNDER THE TAMIL NADU HIGHWAYS ACT, 2001”

AUTHOR – ROHIT K, LLM SCHOLAR AT THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW, CHENNAI

BEST CITATION – ROHIT K, “A STUDY ON THE CONSTITUTIONAL VALIDITY OF ACQUISITION OF PROPERTY UNDER THE TAMIL NADU HIGHWAYS ACT, 2001”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 353-362, APIS – 3920 – 0001 & ISSN – 2583-2344

CHAPTER 1: INTRODUCTION

BACKGROUND OF LAND ACQUISITION IN INDIA

Land acquisition in India has historically served as a key instrument of the state to facilitate public infrastructure development, industrialisation, and urban expansion. Beginning with the colonial Land Acquisition Act, 1894, the state assumed broad powers to acquire private land for what it deemed as ‘public purpose’. This Act, however, became a tool for displacement, often without just compensation, especially for marginalised communities like tribal groups and small farmers. Post-independence, while the 1894 Act remained in force, concerns grew over arbitrary acquisition and lack of rehabilitation measures. In response, the state introduced a series of sector-specific laws, such as the Tamil Nadu Highways Act, 2001 (TNHA), which aimed to expedite road infrastructure projects. These statutes, though beneficial for development, raised significant concerns regarding fairness, transparency, and the adequacy of safeguards for affected landowners. The legislative evolution reflects the growing tension between economic development and protection of individual property rights, thus necessitating a constitutional re-evaluation^[1].

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[1] “Land Acquisition and Compensation in India” By P.K. Sarkar

STUDY OF BENAMI TRANSACTION IN ACCORDANCE WITH INDIAN CONSTITUTION

AUTHOR – SONA.V.R, LLM SCHOLAR, DEPARTMENT OF PROPERTY LAW, SOEL, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – SONA.V.R, STUDY OF BENAMI TRANSACTION IN ACCORDANCE WITH INDIAN CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 347-352, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Benami is that when a one person transfers a property and where other person will pay the money who doesn’t have any connection with the property. In simple terms one person will held the property and money comes from the other person Firstly the term “Benami” is a urdu term which mean that “without name”. The main purpose of the benami transaction is to often hide the real owner of the property which actually leads to money laundering, tax evasion, fraudulent transfers etc. To rectify and to keep in path government passed Benami Transaction (Prohibition) Act, 1988. In this paper will be mentioned about how this prohibition act is effective and also Section 3(2) of Benami Transaction Act. In this following paper will be witnessing the unconstitutionality of section 3(2) of Benami Transaction and Prohibition Act in the case of Union of India v. Ganapati Dealcom Private Limited, the objectives of 57^th law commission 1973, Prohibition of right to recover property under the purview of section 4 of benami transaction and prohibition act, will be discussing about 2016 amendment in benami transaction, burden of proof which plays the crucial part in the legislation and last but not the least the suggestion part where will be denoting on how to aid the benami transaction and particular deeds supporting the property. If any illegality occurs how the remedies of such act paves the way to the immediate seizure and confistication should be enforced and how to strengthen the international cooperation.

KEYWORDS – Benami, Money laundering, Fraudulent Transfer, Prohibition, Prohibition.