MEDIATION AS AN ALTERNATIVE DISPUTE RESOLUTION MECHANISM IN INDIAN INSOLVENCY LAW: FRAMEWORKS, CHALLENGES, AND REGULATORY OVERSIGHT

AUTHORS – ARJUN GAIND* & DR. MEENU SHARMA**

* STUDENT AT AMITY LAW SCHOOL NOIDA

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL NOIDA

BEST CITATION – ARJUN GAIND & DR. MEENU SHARMA, MEDIATION AS AN ALTERNATIVE DISPUTE RESOLUTION MECHANISM IN INDIAN INSOLVENCY LAW: FRAMEWORKS, CHALLENGES, AND REGULATORY OVERSIGHT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 1035-1048, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

This paper examines the integration of mediation within India’s insolvency framework under the Insolvency and Bankruptcy Code, 2016. Doing so analysing institutional models—court-annexed, specialized centres, and hybrid approaches—alongside mediator qualifications, training, and certification. Further the paper highlights the role of the Insolvency and Bankruptcy Board of India in regulating and standardizing insolvency mediation for effective dispute resolution

INDIA’S SOCIAL MEDIA PARADOX FREEDOM OF SPEECH VS. HATE SPEECH AND EXTREMISM

AUTHOR – DAIYAN KHAN* & MS.DR. SHRADHA SANJEEV**

* STUDENT AT AMITY LAW SCHOOL, NOIDA

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – DAIYAN KHAN & MS.DR. SHRADHA SANJEEV, PARLIAMENTARY VS. PRESIDENTIAL SYSTEMS: ASSESSING THE EXECUTIVE BRANCH’S ROLE AND ACCOUNTABILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 1098-1107, APIS – 3920 – 0001 & ISSN – 2583-2344

Chapter 2 – Hate Speech: Context and Critical Issues

Information technology has undergone a significant transformation in recent years, characterized by the widespread adoption of online social networks and social media platforms. This advancement has revolutionized the way people communicate, providing a rapid, convenient, and cost-effective means of digital interaction. Despite the numerous benefits, the anonymous nature of these interactions often leads to adopting more aggressive and hateful communication styles.

These aggressive and hateful behaviors emerge rapidly and uncontrollably, significantly harming their targets. It is crucial for governments and social network platforms to effectively detect and regulate such behaviors, which occur regularly across multiple online platforms. However, detecting this type of speech is challenging due to its abstract nature. Therefore, In the present work propose to enhance existing solutions for detecting hate speech online, focusing on multiple social media platforms such as Twitter, Facebook, YouTube, Gab, and Reddit.

The definition of hate speech is complex, even for human understanding. Hate speech refers to using verbal, nonverbal, or written behaviour to target individuals or groups based on attributes like race, religion, ethnic origin, and gender. It encompasses any form of speech that is discriminatory, threatening, intimidating, harassing, or hostile in nature. According to HateBase, an online platform that collects hate speech messages from around the world, hate speech is most directed at individuals based on ethnicity, nationality, and religion.

PARLIAMENTARY VS. PRESIDENTIAL SYSTEMS: ASSESSING THE EXECUTIVE BRANCH’S ROLE AND ACCOUNTABILITY

AUTHOR – SHRIDITI MAJUMDER, STUDENT AT IILM UNIVERSITY GURUGRAM

BEST CITATION – SHRIDITI MAJUMDER, PARLIAMENTARY VS. PRESIDENTIAL SYSTEMS: ASSESSING THE EXECUTIVE BRANCH’S ROLE AND ACCOUNTABILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 1089-1097, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

This paper compares the two main systems of governance – parliamentary and presidential – and explores how the executive branch is structured and held accountable by the Indian and American Constitutions. The parliamentary system embodied in India’s Constitution merges the executive and legislative branches through the Council of Ministers’ accountability to the Lok Sabha, guided by Articles 74 and 75 of the Constitution. In contrast, the U.S. Constitution sets up a presidential system under Article II, with structural separation of powers between the executive, legislature and judiciary and with the President serving a fixed term and being directly elected by the citizens. The two systems have important implications for how executive authority is checked and held to account in each nation. Courts have rendered decisions clarifying the parameters of ministerial responsibility, as seen in cases like Ram Jawaya Kapur v. State of Punjab^[1] and Samsher Singh v. State of Punjab^[2]  define the parameters of ministerial duty in India. These cases highlight both the constraints and the independence afforded to the U.S. President. It is noted that India’s parliamentary system deploys political accountability tools such as the no-confidence motion under Article 75(3) , whereas the U.S. presidential system largely depends on legal accountability mechanisms like impeachment established in Article II, Section 4 . The paper concludes that the constitutional framework for executive power determines how governance, accountability and the stability of the democratic system play out within each system.

Keywords: Executive Accountability, Separation of Powers, Parliamentary System, Presidential System, Indian Constitution, U.S. Constitution

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[1] Ram Jawaya Kapur v. State of Punjab, AIR 1955 SC 549.

[2] Samsher Singh v. State of Punjab, AIR 1974 SC 2192.

A STUDY ON SOCIAL AND PSYCHOLOGICAL IMPACTS OF CHILDREN’S SOCIAL MEDIA USAGE

AUTHOR – DINA R K, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCE(SIMATS), CHENNAI

BEST CITATION – DINA R K, A STUDY ON SOCIAL AND PSYCHOLOGICAL IMPACTS OF CHILDREN’S SOCIAL MEDIA USAGE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 1075-1089, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT:

In recent years, social media has become an integral part of our lives, extending even to children. From the beginning of  COVID-19 pandemic saw a rapid increase in media device usage and Internet access. Adolescents often connected to the Internet independently, primarily using platforms like Instagram, TikTok, and YouTube. Accordingly, a 2021 CENSIS report revealed a further increase in smartphone use by adolescents, reaching 95%. In particular, the majority of adolescents (59%) admitted they use smartphones even more frequently than in the past, with daily use exceeding 3 hours in 46% of cases. Adolescents accessed the Internet alone (59%), consulting social media, mostly Instagram (72%), TikTok (62%), and YouTube (58%). The major objectives are To examine the effects of social media usage on children’s self-esteem and mental health, To analyse how social media influences children’s behaviour and social interactions, To identify the potential risks and benefits associated with children’s social media activities. The research method followed is empirical research. The data is collected through a questionnaire and a sample size is 202. Convenience sampling method is adopted in the study to collect the data. The samples were collected from the general public with special reference to the Chennai region. This review aims to highlight the risks associated with social media use among children and adolescents, identifying early indicators of emerging problems and proposing preventive measures. Public and medical awareness must rise over this topic and new prevention measures must be found, starting with health practitioners, caregivers, and websites/application developers. Pediatricians should be aware of the risks associated with a problematic social media use for the young’s health and identify sentinel signs in children as well as prevent negative outcomes in accordance with the family.

KEYWORDS: Social media, Children, Addiction, Mental health, Social interactions.

THE ROLE OF THE WTO IN RESOLVING TRADE DISPUTES: A COMPARATIVE ANALYSIS OF WTO DISPUTE SETTLEMENT AND COMMERCIAL ARBITRATION

AUTHORS – MS. SUSHMITA SINGH* & DR. MANISH KR. SINGH **

* STUDENT AT NIMS UNIVERSITY JAIPUR

** ASSISTANT PROFESSOR AT NIMS UNIVERSITY JAIPUR

BEST CITATION – MS. SUSHMITA SINGH & DR. MANISH KR. SINGH, THE ROLE OF THE WTO IN RESOLVING TRADE DISPUTES: A COMPARATIVE ANALYSIS OF WTO DISPUTE SETTLEMENT AND COMMERCIAL ARBITRATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 1068-1074, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

In an era marked by increasing globalization, trade disputes have become inevitable. The mechanisms for resolving such conflicts are pivotal for sustaining economic cooperation and legal certainty. This research proposes to examine the role of the World Trade Organization (WTO) Dispute Settlement Body (DSB) in resolving international trade disputes, juxtaposed against the framework of commercial arbitration. While the WTO DSB is widely regarded for its structured and enforceable adjudication process, commercial arbitration offers a flexible and private resolution method, often preferred in corporate circles. The comparative analysis seeks to highlight the strengths and limitations of both mechanisms with a view to proposing hybrid models that could enhance global trade governance. The World Trade Organization (WTO) plays a pivotal role in maintaining the stability and predictability of the global trading system through its Dispute Settlement Mechanism (DSM). In recent years, however, the mechanism has come under scrutiny due to procedural delays and the paralysis of the Appellate Body. In parallel, commercial arbitration has emerged as a preferred mode for resolving trade-related conflicts, especially in the private sector. This research aims to critically examine the effectiveness, efficiency, and enforceability of WTO dispute resolution vis-à-vis international commercial arbitration. Through a comparative lens, this study will evaluate the procedural architecture, stakeholder satisfaction, and institutional legitimacy of both mechanisms. Ultimately, it seeks to explore whether these mechanisms are complementary or competitive in the broader context of international trade governance.

Keywords: WTO, Dispute Settlement Body, Commercial Arbitration, Trade Disputes, International Trade Law, Alternative Dispute Resolution, Legal Framework, Enforcement, Confidentiality, efficiency, confidentiality, cost-effectiveness, business relationships, enforceability, legal framework, dispute resolution

NAVIGATING THE ABROGATION OF ARTICLE 370: AN ANALYSIS OF THE CONSEQUENCE OF THE REPEALING BY THE GOVERNMENT OF INDIA

AUTHOR – MR. ISHAN DHALIWAL & MS. SHARON ANEJA

STUDENTS AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY), LAVASA CAMPUS, PUNE

BEST CITATION – MR. ISHAN DHALIWAL & MS. SHARON ANEJA, A STUDY ON THE EDUCATIONAL POLICIES AND RESERVATION IN INDIA WITH RESPECT TO SCHEDULE 11 OF THE INDIAN CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 1063-1067, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

In this research paper, we have discussed the consequences of the abrogation of Article 370 of the Constitution of India, which happened on August 5, 2019, on the Union of India and the State of Jammu and Kashmir. Article 370 was the constitutional link that connected Kashmir’s distinct identity and autonomy to the Indian Union. The unilateral abrogation of this article saw a range of happenings unfold, including the dissolution of Jammu and Kashmir’s Legislative Assembly, the shutting down of communication networks, the intensification of military and paramilitary presence leading to large-scale protests and disturbances and international condemnation. This study will take into account the context, meaning, and histories of Article 370 and eventually the transformation of Kashmir from one of nasty conflict to what has become ultimately an overwhelmingly unsustainable occupation to frame the ideological distance between militant Hindu nationalists on the Indian side and supporters of Kashmiri autonomy. The abrogation was supposed to lead to violence and create mass insurgency within Kashmir, yet the area has not transformed into mass insurgency or even the trajectory of increasing violence portrayed by military forces involved in what has now become a representative of the Indian state. There remains a general belief and impression that the governance of Kashmir is entangled in difficulties and political constraints, and that it remains erected in a terrain of potential thinkable mass resistance as well as in terrains of many contestable and potentially conflicting political strategies of domination and control. This paper highlighted still current sociopolitical dilemmas in Kashmir, and it reflected on the implications these may have for the stabilizing of regional space and the wellbeing of its people based on its findings and conclusions. However, it is unclear when and how the factual parameters of the local parameters will, given the lack of a local and regional discursive and representation-oriented conception, result in changes to the governance of Kashmir’s political landscape.

Keywords: Abrogation, Autonomy Constitution,Democracy,Government, Nationalists, Politics

A STUDY ON THE EDUCATIONAL POLICIES AND RESERVATION IN INDIA WITH RESPECT TO SCHEDULE 11 OF THE INDIAN CONSTITUTION

AUTHOR – S.R SAI VISHAL, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCE (SIMATS), CHENNAI

BEST CITATION – S.R SAI VISHAL, A STUDY ON THE EDUCATIONAL POLICIES AND RESERVATION IN INDIA WITH RESPECT TO SCHEDULE 11 OF THE INDIAN CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 1047-1062, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

The reservation system has always been an integral part of the Indian system and has played a major role in eliminating the disparities in the society and to act as a bridge for the socially and economically backward classes. Multi year plans of the nation have dealt with different accomplishments to set up further targets and allot assets for the equivalent. Be that as it may, even today, the framework has a few difficulties which should be met, however the enrolment of kids in schools has gone up. Despite the fact that the number of inhabitants in Scheduled Castes and Scheduled Tribes are spoken to a fitting extent, substantial numbers of youngsters drop-out at the upper essential level. The main purpose of this study was to make an examination on the educational policies and reservation with reference to Schedule 11 of the Constitution. This paper follows an empirical method of research and a total of about 202 responses were collected through a convenient sampling method. This research uses both primary and secondary sources of literature. It was found that the respondents were of the opinion that the reservation system has played a crucial role in bridging the educational disparities among the different communities and the primary objective of the reservation system is that of promoting social inclusion of the socially and economically backward classes. It was further concluded that the respondents were of the opinion that the reservation system needed to be removed and abolished.

Keywords: Reservation, Community, Education, Constitution, Socially-backward.

ASSESSING THE EFFICACY OF INDIAN LAWS IN ADDRESSING PHISHING ISSUES IN CYBERCRIME

AUTHOR – PVN VAMSI KRISHNA, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY) LAVASA, PUNE

BEST CITATION – PVN VAMSI KRISHNA, ASSESSING THE EFFICACY OF INDIAN LAWS IN ADDRESSING PHISHING ISSUES IN CYBERCRIME, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 1028-1034, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This Article critically evaluates the effectiveness of India’s Information Technology Act, 2000 (IT Act) and related statutes in combating phishing attacks. Phishing is identified as an increasingly sophisticated cyber threat that exploits gaps in statutory definitions and enforcement. The analysis finds that while the IT Act and related provisions (such as §§66, 66C) and accompanying Indian Penal Code sections provide a framework for prosecution, they lack a specific definition of phishing, leading to ambiguity and reliance on general fraud and identity-theft provisions.

Enforcement is hampered by technical challenges, jurisdictional complexities, and limited forensic capacity among law enforcement. The transnational nature of phishing underscores the need for strengthened international cooperation; existing mutual legal assistance treaties and cybercrime conventions remain patchily applied. The article recommends clarifying statutory definitions of phishing (for example, by amending the IT Act to explicitly criminalize phishing), expanding investigative and prosecutorial resources. These reforms aim to modernize India’s cyber legal framework in line with evolving phishing tactics, improving enforcement and the security of digital transactions. Overall, the findings underscore the importance of legislative reform and global cooperation in fortifying India’s defences against phishing and safeguarding its digital economy.

ARTISTIC AND MUSICAL WORKS UNDER INDIAN COPYRIGHT REGIME :A RESEARCH PAPER

AUTHOR – ISHAN DHYANI, STUDENT AT UNIVERSITY SCHOOL OF LAW AND LEGAL STUDIES, GGSIP UNIVERSITY

BEST CITATION – ISHAN DHYANI, ARTISTIC AND MUSICAL WORKS UNDER INDIAN COPYRIGHT REGIME :A RESEARCH PAPER, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 1018-991, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

This paper examines the legal landscape surrounding copyright protection for artistic and musical works under Indian and international law. It traces the historical evolution of copyright recognition from the early 18th century, focusing on milestones such as the Copyright Act of 1911, which marked the inclusion of artistic and musical works as subject matter of copyright. The study delves into the definitions and rights associated with “artistic works” and “musical works” under the Indian Copyright Act, 1957, discussing elements like originality, the idea-expression dichotomy, and the doctrine of authorship. Contemporary challenges are highlighted, particularly the impact of artificial intelligence on authorship and copyright ownership, as exemplified by cases such as Zarya of the Dawn, where AI-generated content faced copyright denial. This paper argues that while India’s copyright framework aligns with conventions like the Berne Convention, amendments are necessary to address the complexities of AI-generated creations, ensuring clarity and adaptability in modern copyright law.

A STUDY ON CHILDREN’S EXPOSURE TO HARMFUL ONLINE CONTENT WITH SPECIAL REFERENCE TO ONLINE GAMBLING

AUTHOR – THATSHINYA.S, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS), SAVEETHA UNIVERSITY, CHENNAI

BEST CITATION – THATSHINYA.S, A STUDY ON CHILDREN’S EXPOSURE TO HARMFUL ONLINE CONTENT WITH SPECIAL REFERENCE TO ONLINE GAMBLING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 1004-1016, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Online gambling is a game where the user or gambler who is online gambling in using the electronic media with accessing the internet as a medium for gambling. Online gambling also known as a cyber-gambling.. According to the Cambridge Dictionary Online, the gambling can be briefly defined as “ the activity of betting money, for example in a game or on a horse race”. Online gambling (or Internet gambling) is any kind of gambling conducted on the internet. The research method followed is descriptive research. The data is collected through a questionnaire and the sample size is 253. Random sampling method is adopted in the study to collect the data. The samples were collected from the general public with reference to chennai. The independent variables are gender , age, educational qualification ,marital status.The dependent variables are advertisements, compulsion from friends, earning money, educating the children from school. Parental monitoring, most of the parents are not ready to talk about the gambling and other harmful online contents but parents should start interacting with the children and educate them with pros and cons of the gambling and other harmful contents so that children can come to know about it. Government has made many initiatives to bring awareness among the public to give exposure to the public and children about online gambling but the government can make more initiative by bringing any new legislation and can conduct awareness camps about online gambling in various places.

KEY WORDS: Online gambling, money, betting, sport, children’s exposure.