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THE TOOTHLESS TIGER OF ANTI-CORRUPTION: A CRITICAL ANALYSIS OF THE CENTRAL VIGILANCE COMMISSION’S LIMITATIONS AND POTENTIAL

AUTHOR – TRINATH BHATTACHARJEE & PORTIA ROY

STUDENTS AT AMITY LAW SCHOOL

BEST CITATION – TRINATH BHATTACHARJEE & PORTIA ROY, THE TOOTHLESS TIGER OF ANTI-CORRUPTION: A CRITICAL ANALYSIS OF THE CENTRAL VIGILANCE COMMISSION’S LIMITATIONS AND POTENTIAL, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 271-279, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Corruption undermines governance, economic development, and public trust, posing significant challenges to India’s democratic institutions. Among the mechanisms to combat corruption, the Central Vigilance Commission (CVC) plays a pivotal role as a statutory body established to oversee vigilance activities within the central government. Despite its critical mandate, the CVC has often been criticized as a “toothless tiger,” limited by its advisory role, lack of investigative powers, and dependence on other agencies like the Central Bureau of Investigation (CBI) for enforcement. This paper critically examines the CVC’s role within India’s anti-corruption framework, focusing on its legal foundations, operational limitations, and the challenges it faces in addressing systemic corruption effectively.

The analysis highlights the Commission’s constrained autonomy, political influence in its functioning, and overlapping jurisdictions with other anti-corruption bodies as key issues that hinder its efficiency. Using case studies and legal precedents, the paper evaluates the structural reforms necessary to strengthen the CVC’s capabilities. Recommendations include granting the CVC independent investigative powers, enhancing inter-agency coordination, and ensuring greater transparency in its operations. By addressing these limitations, the CVC can evolve into a more potent institution capable of meeting the rising expectations of accountability and integrity in governance.

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A COMPREHENSIVE STUDY OF THE MATERNITY BENEFIT ACT, 1961: ITS ORIGIN, AMENDMENTS, AND IMPACT ON WORKING MOTHER IN INDIA

AUTHOR – NIKITA SHARMA, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY MAHARASTRA

BEST CITATION – NIKITA SHARMA, A COMPREHENSIVE STUDY OF THE MATERNITY BENEFIT ACT, 1961: ITS ORIGIN, AMENDMENTS, AND IMPACT ON WORKING MOTHER IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 256-270, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper looks at how the Maternity Benefit Act, 1961 has evolved over time and what kind of difference it has made for working women in India. When it was first introduced, the main goal was to protect women’s rights during pregnancy and after childbirth, ensuring they wouldn’t have to choose between having a child and keeping their job. It was one of the earliest efforts by the Indian government to support women in the workplace, shaped by both local needs and global labour standards.

One of the biggest turning points for the Act came in 2017, when it was amended to provide stronger protections. The most notable change was increasing paid maternity leave from 12 weeks to 26 weeks. Additionally, larger companies were required to set up crèche (childcare) facilities, and work-from-home options were introduced in certain cases. The amendment also ensured maternity benefits for adoptive and commissioning mothers. While these improvements were widely seen as progressive, they did create challenges—especially for smaller businesses that had to manage the additional financial burden1.

This paper doesn’t just look at the history of the Act and how its provisions have changed, but also evaluates how effective it has been in practice. It explores whether women actually receive the benefits promised under the law and examines how companies implement these provisions. Another key focus is whether the Act has helped retain women in the workforce and encouraged more women to enter formal employment. While the Act is a positive step on paper, challenges still exist, particularly in private-sector jobs and unorganized industries where enforcement is weak.

The research draws on legal texts, court cases, government reports, and expert opinions to provide a balanced view of where the Maternity Benefit Act stands today—its successes, its shortcomings, and areas that need improvement. Overall, while the Act and its 2017 amendment are important milestones for workplace gender equality, there’s still work to be done to ensure that every woman, regardless of where she works, gets the support she needs during maternity.

KEYWORDS: Maternity Benefit Act,1961, Maternity Benefit (Amendment) Act, 2017, Working Mothers, Women in the Workforce, Maternity Leave Policy, Labour Legislation in India, Workplace Gender Equality, Employee Rights, Work Life Balance

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ANALYZING THE DEVELOPMENT OF MWPSC ACT AND THE 2019 AMENDMENT BILL

AUTHOR – SARTHAK MALAWLIYA, STUDENT, LLM (CONSTITUTIONAL LAW), AMITY INSTITUTE OF ADVANCED LEGAL STUDIES, AMITY UNIVERSITY, NOIDA

BEST CITATION – SARTHAK MALAWLIYA, ANALYZING THE DEVELOPMENT OF MWPSC ACT AND THE 2019 AMENDMENT BILL, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 248-255, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The welfare of senior citizens is deeply ingrained in Indian social and constitutional consciousness, reflecting traditional ethos and evolving legal frameworks. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 institutionalizes care and respect for elders, converting moral responsibilities into enforceable rights. Unlike conventional social welfare schemes, this Act imposes a legal obligation on children and heirs to maintain their parents and elderly relatives, providing monetary support and protection from neglect, abuse, and dispossession. It also mandates the state to provide infrastructure and institutional care, including old age homes and medical facilities, distributing responsibility between the family and the government. The MWPSC Act establishes a streamlined framework through Maintenance Tribunals to expedite claims of senior citizens, simplifying the process and allowing suo motu cognizance and applications by third parties. However, the decentralization has led to discrepancies in implementation and legal interpretation, as seen in controversial state-specific eviction remedies. To address these gaps, the Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2019, was introduced to strengthen and expand the Act. The Bill proposes defining adoptive and stepchildren as “children” and expanding “maintenance” and “welfare” to include emotional, physical, and mental well-being. It also proposes faster timelines for disposal of maintenance applications, especially for those above 80 years of age. The Amendment emphasizes institutional care, including accredited senior citizens’ care homes and multi-service day-care centers, meeting minimum infrastructural and service standards. It aims to institutionalize police protection for senior citizens by mandating officer designations in every police station and creating dedicated elder welfare units. This paper examines the MWPSC Act’s foundational justifications, constitutional underpinnings, and practical challenges, while evaluating the 2019 Amendment Bill’s implications.

Keywords : MWPSC Act, Maintenance, Parents And Senior Citizen, Eviction, Welfare

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A SOCIO LEGAL STUDY ON THE USE OF CHILD SOLDIER IN ARMED CONFLICT

AUTHOR – BHUMIK SETHI, STUDENT AT AMITY UNIVERSITY NOIDA

BEST CITATION – BHUMIK SETHI, A SOCIO LEGAL STUDY ON THE USE OF CHILD SOLDIER IN ARMED CONFLICT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 245-247, APIS – 3920 – 0001 & ISSN – 2583-2344.

NATURE OF CHILD COMBATANTS

The 20th century will be remembered for the innumerable defenseless men, women, and children who sadly perished in wars for no justifiable cause. The words “genocide,” “war crimes,” “crimes against peace,” together with “crimes against humanity” included designed to truthfully portray the horrors connected to these offenses. Kids often experience forced participation in social violence, murder, military conflicts, and torture, in addition to the destruction of their neighborhoods, families, and civilians infrastructure that is intended to help them .International humanitarian law states that children are given “special” protection as children and “general” protection as citizens in both domestic and international violent conflicts. However, even if there are several legal mechanisms and protections designed to stop minors from participating in armed disputes, they are nonetheless forced to participate in them by a variety of methods, and as a as a result of several factors. The participation of children in combat is limited under humanitarian law on a global scale. But even in cases when kids do take part in combat, they continue to enjoy the “special” protection that was given to them as kids. They just forfeit the “general” defense that is applicable to citizens.

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PREVENTIVE MEASURES AND AWARENESS OF POCSO (PROTECTION OF CHILDREN FROM SEXUAL OFFENCES) ACT, 2012 AT SCHOOL LEVEL

AUTHOR – NIVETHA T* & KAVIN. R**

* GUEST LECTURER, DEPARTMENT OF HUMAN RIGHTS AND DUTIES EDUCATION SCHOOL OF EXCELLENCE IN LAW, TNDALU, CHENNAI.

** ADVOCATE AND INDEPENDENT AUTHOR

BEST CITATION – NIVETHA T & KAVIN. R, PREVENTIVE MEASURES AND AWARENESS OF POCSO (PROTECTION OF CHILDREN FROM SEXUAL OFFENCES) ACT, 2012 AT SCHOOL LEVEL, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 240-244, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

               Awareness can provide safeguarding for humanity, particularly for our children, who are the future assets of our nation. The objective of the study is to assess the knowledge level of the POCSO Act 2012 within schools and to determine the extent of actions implemented by schools to prevent child sexual abuse. The majority of students have awareness about child abuse. However, they lack awareness of legal procedures. This study emphasizes the necessity for students and parents to be well-versed in legal procedures. Awareness is a crucial instrument for enhancing the lives of our future assets, referred to as children.

Key words: Awareness, POCSO, Child sexual abuse, Children.

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“RECALIBRATING FEDERAL BALANCE: A CONTEMPORARY APPRAISAL OF CENTRE-STATE RELATIONS IN INDIA”

AUTHOR – A. ANTONY RAJ & R. PRIYANKA

LLM SCHOLARS AT TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY

BEST CITATION – A. ANTONY RAJ & R. PRIYANKA, “RECALIBRATING FEDERAL BALANCE: A CONTEMPORARY APPRAISAL OF CENTRE-STATE RELATIONS IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 231-239, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Despite being based on the constitutional separation of powers between the Union and the States, India’s federal structure exhibits a clear centralizing bias. The framers’ concerns about separatist tendencies in a newly independent and diverse country, historical circumstances, and national integration initiatives all contributed to this viewpoint. Notwithstanding these beginnings, Indian federalism has developed into a vibrant and contentious area that is influenced by judicial decisions, budgetary agreements, and political events. By examining the constitutional design, specifically the Seventh Schedule, Articles 245 to 263, and emergency measures, as well as political and practical developments, this essay critically explores the structure of Center-State interactions in India.  It assesses how well federal institutions are operating and looks into the roles of important organizations including the Finance Commission, the GST Council, and the Inter-State Council.  Fiscal federalism and the escalating concerns about income distribution inequities, GST Council decision-making, and compensation disputes—particularly in the post-COVID era—are given particular focus.Historic rulings like S.R. Bommai v. Union of India and State of West Bengal v. Union of India, as well as more contemporary rulings like Union of India v. Mohit Minerals, address the judiciary’s function as a custodian of the constitution.  These decisions show how the judiciary is becoming more interventionist and less respectful in its approach to upholding constitutional balance and state autonomy. The Article also explores current conflicts, demonstrating the weakness of cooperative federalism, from the function of governors in states with opposition rule to unilateral legislative measures on topics on the State List and the repeal of essay 370.  In the end, the article makes the case for a revised version of Indian federalism based on sincere intergovernmental communication, openness in fiscal management, and judicial uniformity in upholding federal values.

Keywords: Indian Constitution, Federalism, Centre-State Relations, Judicial Pronouncements, Fiscal Federalism, Cooperative Governance, Political Federalism

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BLOCKCHAIN IN THE INDIAN FINANCIAL SECTOR: LEGAL CHALLENGES, REGULATORY GAPS, AND OPPORTUNITIES FOR INNOVATION

AUTHOR(S) – SPARSH RATHI* & DR. SHEFALI RAIZADA**

* STUDENT OF LAW, AMITY LAW SCHOOL, NOIDA

** FACULTY OF LAW, AMITY LAW SCHOOL, NOIDA

BEST CITATION – SPARSH RATHI & DR. SHEFALI RAIZADA, BLOCKCHAIN IN THE INDIAN FINANCIAL SECTOR: LEGAL CHALLENGES, REGULATORY GAPS, AND OPPORTUNITIES FOR INNOVATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 225-230, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Blockchain technology has emerged as a transformative innovation in the financial sector, enabling decentralized, secure, and transparent transaction systems. In India, its application within banking and financial services presents significant opportunities for cost savings, efficiency, and financial inclusion. However, the decentralized nature of blockchain raises complex legal and regulatory challenges. Current Indian laws—including the Reserve Bank of India Act, 1934, the Banking Regulation Act, 1949, the Payment and Settlement Systems Act, 2007, and the Information Technology Act, 2000—do not yet provide a comprehensive legal framework for blockchain adoption. Issues surrounding scalability, cybersecurity, anti-money laundering compliance, and cross-border regulation further complicate blockchain’s integration into existing financial systems. This paper explores the definition, features, and working mechanisms of blockchain, examines its financial applications and legal implications, and evaluates the regulatory challenges and opportunities it presents. The study underscores the urgent need for a unified and adaptive legal framework to ensure blockchain’s alignment with India’s financial regulatory architecture while harnessing its full potential.

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INTEGRATION OF ARTIFICIAL INTELLIGENCE IN ONLINE DISPUTE RESOLUTION PLATFORMS: LEGAL AND ETHICAL IMPLICATIONS

AUTHOR – BHAVANA DHOUNDIYAL* & AKASH TYAGI**

*ASSISTANT PROFESSOR, SCHOOL OF LAW, IILM UNIVERSITY, GREATER NOIDA. EMAIL – BHAVANA.DHOUNDIYAL@IILM.EDU.

**LLM STUDENT, IILM UNIVERSITY, GREATER NOIDA. EMAIL – AKASH.TYAGI.GNLLM25@IILM.EDU

BEST CITATION – BHAVANA DHOUNDIYAL & AKASH TYAGI, INTEGRATION OF ARTIFICIAL INTELLIGENCE IN ONLINE DISPUTE RESOLUTION PLATFORMS: LEGAL AND ETHICAL IMPLICATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 213-224, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Alternative Dispute Resolution (ADR) provides a variety of well-established methods, such as arbitration, mediation, and negotiation, that offer practical and impactful ways to settle disagreements without the need for traditional court proceedings. The emergence of Artificial Intelligence (AI), coupled with the rapid advancements in digital technology, has brought about a notable shift in how ADR operates. The world is increasingly seeing AI-powered tools, user-friendly digital platforms, and Online Dispute Resolution (ODR) systems playing a role in making dispute resolution more efficient, more readily available, and less expensive.

This paper explores the significant impact of AI and digitization on the established practices within ADR, focusing on how these innovations are changing the fundamental process of resolving conflicts. This study aims on several crucial aspects within the domain of Alternative Dispute Resolution. A primary concern involves investigating methods to broaden the availability of justice to a wider population. Furthermore, it will explore ways to lessen the economic impact often linked to resolving disagreements. The fundamental aim of this research paper is not only to simply find faster methods of resolving disputes, but it also questions whether these alternative approaches can ultimately lead to solutions that are superior in their quality and fairness. Moreover, as Artificial Intelligence becomes increasingly rooted in Alternative Dispute Resolution, a thorough analysis of ensuing legal and ethical consideration is essential. This requires a particular focus on achieving a clear and comprehensive understanding of how AI algorithms actually functions, along with a critical examination of protecting individual’s personal data within these AI-driven environments.

Keywords: Artificial Intelligence (AI), Alternate Dispute Resolution (ADR), Online Dispute Resolution (ODR), Machine Learning, Predictive Analytics, Natural Language Processing (NLP), Blockchain Technology, Digital Platforms, AI in Arbitration, Digital Transformation in Law, AI-powered Mediation, Legal and Ethical Implications of AI, AI in Legal Practice, Bias in AI Algorithms.

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SECURITIES CLASS ACTIONS IN INDIA: A CRITICAL ANALYSIS OF MARKET ANOMALIES AND INVESTOR REMEDIES

AUTHOR – KOUSTAV BHATTACHARJEE, STUDENT AT AMITY LAW SCHOOL, NOIDA (AUUP)

BEST CITATION – KOUSTAV BHATTACHARJEE, SECURITIES CLASS ACTIONS IN INDIA: A CRITICAL ANALYSIS OF MARKET ANOMALIES AND INVESTOR REMEDIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 194-212, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The liberalization of India’s financial markets over the past three decades has ushered in unprecedented levels of investor participation, capital mobilization, and regulatory sophistication. However, this growth has also exposed significant systemic vulnerabilities, particularly in the context of market anomalies—rare but high-impact disruptions that defy traditional assumptions about price behavior and market efficiency. Among such anomalies, the phenomenon of negative pricing, especially in derivatives markets, has emerged as a pressing concern. The April 2020 negative pricing event involving crude oil futures on the Multi Commodity Exchange (MCX) marks a watershed moment in Indian commodity trading history. It revealed profound limitations not only in market infrastructure and regulatory preparedness, but also in the legal remedies available to aggrieved investors.

This dissertation critically analyzes the intersection between market anomalies and the collective legal remedies—or lack thereof—available to Indian investors. Using the April 2020 MCX incident as a central case study, it explores how the absence of a well-defined securities class action mechanism in India impedes effective redressal when thousands of investors suffer similar harm from a market-wide event. The study begins with a detailed conceptualization of market anomalies, categorizing phenomena such as negative pricing, flash crashes, insider trading, and information asymmetry, and tracing their disruptive impact on investor portfolios, market confidence, and systemic stability. It emphasizes that such anomalies are not only technical aberrations, but legal flashpoints that stress-test the adequacy of existing investor protection frameworks.

At the heart of the dissertation lies a case study analysis of the April 2020 MCX crude oil futures collapse, in which the WTI benchmark settled at –$37.63 per barrel, leading to a settlement price of –₹2,884 on MCX. This unprecedented event resulted in aggregate investor losses of hundreds of crores, raising critical questions about the roles and responsibilities of brokers, exchanges, clearing corporations, and regulators. The study investigates the causes of the anomaly—including global supply chain shocks, storage constraints, and exchange-specific contract design flaws—and critiques the regulatory and legal responses. It finds that while SEBI and MCX responded with temporary measures and risk containment frameworks, the broader question of investor compensation remained unaddressed.

To contextualize India’s shortcomings, the dissertation offers a comparative analysis of securities class action mechanisms in jurisdictions such as the United States, Canada, and Australia. These systems, by permitting collective investor suits and statutory liability regimes, provide a robust framework for investor redress in the wake of market anomalies. Their regulatory and judicial responses to similar anomalies offer instructive models for potential reform in India.

In its final chapters, the dissertation advances a set of targeted recommendations, including legislative amendments to securities laws to incorporate a dedicated securities class action framework, procedural reforms to facilitate collective investor grievances, strengthening SEBI’s investor compensation and surveillance functions, and enhanced transparency and accountability mechanisms for market infrastructure institutions. The study also advocates for institutional support to investor associations and public-interest litigation mechanisms as complementary tools of collective redress.

In conclusion, this dissertation argues that the April 2020 negative pricing event should not be seen as an isolated incident, but as a powerful catalyst for reform. It exposes deep structural gaps in India’s investor protection regime and highlights the urgent need for a coherent, well-enforced collective redress mechanism. At a time when retail participation in Indian markets is surging, ensuring that investors are not only protected from fraud, but also from systemic breakdowns and regulatory blind spots, is vital for maintaining the legitimacy and resilience of India’s capital markets

Keywords

{Securities Class Actions, Investor Protection, Market Anomalies, Negative Pricing, Crude Oil Futures, Multi Commodity Exchange (MCX), April 2020 Market Incident, SEBI, Securities Law in India, Collective Investor Remedies, Derivatives Market Regulation, Financial Market Volatility, Legal Redress Mechanisms, Class Action Litigation, SEBI Act, Companies Act, Securities Contracts (Regulation) Act, Securities Appellate Tribunal (SAT), Comparative Securities Law, United States Securities Litigation, Investor Grievance Redressal, Systemic Risk, Commodity Derivatives, Flash Crashes, Regulatory Reform}

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FORENSIC INVESTIGATION OF CRIMINAL OFFENCES

AUTHOR- ADITYA PRATAP SINGH, STUDENT AT AMITY LAW SCHOOL NOIDA, AMITY UNIVERSITY UTTAR PRADESH

BEST CITATION – ADITYA PRATAP SINGH, FORENSIC INVESTIGATION OF CRIMINAL OFFENCES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 159-193, APIS – 3920 – 0001 & ISSN – 2583-2344.

1.INTRODUCTION

Criminal offences are actions committed against the state, threatening public safety and welfare. In India, these offences are governed by laws such as the Indian Penal Code, the Criminal Procedure Code, and the Indian Evidence Act. These laws outline which acts are considered crimes because they harm society, and they also lay down the punishments for those offences.

“The Criminal Procedure Code specifically defines the penalties for various criminal acts and clearly states which behaviors are prohibited by the government for the safety and well-being of the public”.

Forensic science plays an important role in the criminal justice system by applying principles from natural and physical sciences — like ballistics, DNA analysis, hair examination, and Polymerase Chain Reaction (PCR) — to help solve crimes.

A few key figures shaped the foundation of forensic science. Mathieu Orfila, often regarded as the father of modern toxicology, developed methods in early 19th-century Paris for detecting poisons through chemical analysis — some of which are still in use today. Francis Galton, a British scientist, was the first to conduct a systematic study of fingerprints, creating a method to classify them for identification purposes. [1]In 1892, he published Fingerprints, a groundbreaking book that provided scientific proof of the uniqueness of fingerprints as a reliable form of personal identification.

In the 19th century, natural sciences advanced rapidly, but at the same time, the justice system struggled with unreliable evidence, tampered proof, and coerced testimonies. Criminals often took advantage of these weaknesses to avoid punishment. It was this gap that led to the emergence of forensic science, offering a much-needed, reliable way to gather and present evidence in court.

Interestingly, the idea of using science in crime-solving was popularised by Sir Arthur Conan Doyle through his fictional detective Sherlock Holmes, who showcased how forensic techniques could help uncover the truth. This inspired real-life investigators to realise that physical and natural sciences could be valuable tools in criminal investigations. Many of the most significant early breakthroughs in forensic science came from Europe, though countless contributors worldwide played important roles in shaping the field.


[1] Houck, M. M. and Siegel, J. A., (2015).  Fundamentals of forensic science (3rd ed.). Academic Press.