THE STATUS OF PERSONAL LAWS IN INDIA AND THE NEED FOR UNIFORM CIVIL CODE

AUTHOR – HASHMI IFFAT RIYAZ* & MS. HONEY THAKKAR**

* STUDENT OF INTEGRATED LAW, FACULTY OF LAW, GOKUL GLOBAL UNIVERSITY

** ASSISTANT PROFESSOR OF LAW, FACULTY OF LAW, GOKUL GLOBAL UNIVERSITY

BEST CITATION – HASHMI IFFAT RIYAZ & MS. HONEY THAKKAR, THE STATUS OF PERSONAL LAWS IN INDIA AND THE NEED FOR UNIFORM CIVIL CODE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 424-431, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

The present research paper analyses the status of the personal laws in India and the need for Uniform civil code. One of the primary concerns is how to balance the need for a uniform legal framework with constitutional guarantee of the religious freedom.The paper focuses on the historical background with regard to personal laws their influence on the cultural diversity of India and constitutional relevance of freedom of religion and provision of uniform civil code. Furthermore, the paper puts an insight on the suggestion of 21^st law commission report. With a considerable sense, the researcher draws conclusion by putting certain suggestion and recommendation at the end. It is not unfair to be said that without extending equal justice to all, a legal system cannot work appropriately.

Keywords: Uniform civil code, Portuguese civil code, personal laws, secularism, Uttrakhand, Gujarat, Assam.

UNDERSTANDING AFFIRMATIVE ACTION

AUTHOR – TANMAY TIWARI* & DR. AVANTIKA MADHESIYA**

* STUDENT AT AMITY LAW SCHOOL, NOIDA

** LAW FACULTY SUPERVISOR AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – TANMAY TIWARI & DR. AVANTIKA MADHESIYA, UNDERSTANDING AFFIRMATIVE ACTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 414-423, APIS – 3920 – 0001 & ISSN – 2583-2344

Affirmative action policies are adopted by various states for promoting diversity in the society or as a reparation for the evil injustices which has occurred to them or their kin in the past. These policies are used to provide an equal playing field for the marginalized sections of the people who have not been fortunate enough to be provided with the adequate tools for the pursuit of happiness. Affirmative action is, therefore, a practical means to provide for the ideal ends of equality. This paper seeks to understand the use of such policies and the rationale behind them. Moreover, the interpretation of these policies by the courts has been mentioned by the author.

ANALYSIS OF THE JUVENILE JUSTICE ACT AND SYSTEM IN INDIA

AUTHOR – PRATYUSH SHAHI* & MS. MANASVI AGARWAL**

* STUDENT AT AMITY UNIVERSITY LUCKNOW

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY LUCKNOW

BEST CITATION – PRATYUSH SHAHI & MS. MANASVI AGARWAL, ANALYSIS OF THE JUVENILE JUSTICE ACT AND SYSTEM IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 408-413, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Juvenile Justice system in India aims to provide care, protection, and rehabilitation to children in conflict with the law while upholding their rights and ensuring their reintegration into society. Governed primarily by the Juvenile Justice (Care and Protection of Children) Act, 2015, the system distinguishes between juveniles and adult offenders, emphasizing reform over punishment. And the Act introduced significant reforms, including provisions for trying juveniles aged 16–18 as adults for heinous crimes, sparking debates on child rights and the balance between justice and reformation. Despite progressive legal frameworks, the implementation faces challenges such as inadequate infrastructure, lack of trained personnel, and societal stigma. As well as this paper examines the evolution, structure, and effectiveness of juvenile justice in India, highlighting the need for a more child-centric approach that prioritizes rehabilitation over retribution.

The Juvenile Justice System in India serves the largest population of two significant groups of at-risk children: those lacking family or familial support and those who are alleged to have committed offenses. The current primary framework for this system is the Juvenile Justice (Care and Protection of Children) Act, 2000, which was further revised in 2006. This Act integrates provisions pertaining to children from the Indian Constitution, UN guidelines, and principles of Child Rights. The Juvenile Justice Act categorizes children into two groups: a) “Child in Need of Care and Protection” and b) “Juvenile in Conflict with Law.” The legislation differentiates between these two groups of children and establishes distinct and independent processes to address their respective concerns.

KEYWORDS: Juvenile Justice System, Juvenile Justice Act, Children Rights, Indian Constitution, Children Care and Protection Act

THE DOCTRINE OF PLEASURE VS. PROTECTION OF CIVIL SERVANTS IN INDIA: A STUDY OF CONSTITUTIONAL SAFEGUARDS

AUTHOR – PRIYAM SRIVASTAVA* & MANASVI AGARWAL**,

* STUDENT AT AMITY UNIVERSITY UTTAR PRADESH

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY UTTAR PRADESH

BEST CITATION – PRIYAM SRIVASTAVA, THE DOCTRINE OF PLEASURE VS. PROTECTION OF CIVIL SERVANTS IN INDIA: A STUDY OF CONSTITUTIONAL SAFEGUARDS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 401-407, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The Doctrine of Pleasure, rooted in English constitutional law, was adopted into Indian constitutional jurisprudence through Article 310 of the Constitution, enabling the President or Governor to dismiss civil servants at their discretion. However, India’s constitutional vision diverges from the colonial ethos by embedding protections for civil servants under Article 311, thereby creating a unique framework where executive authority is moderated by procedural safeguards. This research critically examines the doctrinal tension between executive prerogative and civil service security, especially in the context of Article 14’s guarantee against arbitrariness and the evolving principles of natural justice.

Through a chronological analysis of landmark judgments—from Shyamlal and Dhingra to Tulsiram Patel and T.S.R. Subramanian—the paper maps the judiciary’s gradual shift towards interpreting service protections in light of constitutional morality and fairness. It also highlights grey areas such as compulsory retirements, politically motivated transfers, and reversion, which often escape meaningful judicial scrutiny. The paper argues that while the judiciary has played a significant role in bridging doctrinal gaps, structural inconsistencies and lack of codified safeguards continue to undermine administrative independence.

The study concludes with a strong recommendation for legislative intervention through a comprehensive Civil Services Act, reinforcement of tenure stability, and institutional reforms in line with best practices in jurisdictions like the UK and Canada. Ultimately, the research underscores that protecting civil servants from arbitrary executive actions is not merely a matter of service law but a necessary condition for sustaining constitutional governance and public accountability in a democratic polity.

Keywords: Doctrine of Pleasure, Article 310, Article 311, Civil Servants, Constitutional Safeguards, Judicial Review, Administrative Law, Natural Justice, Rule of Law, Public Accountability.

ZERO FIR: A PROGRESSIVE STEP TOWARDS ACCESSIBLE JUSTICE

AUTHOR – SURYANSH PANDEY, STUDENT AT SOL&G, GAUTAM BUDDHA UNIVERSITY, GREATER NOIDA

BEST CITATION – SURYANSH PANDEY, ZERO FIR: A PROGRESSIVE STEP TOWARDS ACCESSIBLE JUSTICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 398-400, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

This paper is aim to examine the concept of “Zero FIR” within the framework of criminal procedure code (CRPC). Zero FIR means allows a complainant to file First Information Report at any station irrespective the jurisdiction in which crime occurred. The historical context of the FIR system, the CRPC legal rules, and the importance of Zero FIR in guaranteeing prompt justice are all covered in this paper. This paper will also tell us about the difference between” ZERO FIR and “NORMAL FIR” as mentioned in CRPC.

KEYWORDS: Zero FIR, CRPC, FIRST INFORMATION REPORT, JURISDICTION, JUSTICE.

CYBER CRIME AND IT’S TYPES

AUTHOR – ADARSH RAJ, STUDENT AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – ADARSH RAJ, CYBER CRIME AND IT’S TYPES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 388-397, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The modern world has changed due to the quick development of digital technologies, which have improved convenience, productivity, and connectivity. Cybercrime, or illegal activity carried out through or directed against computer systems, networks, and digital devices, has, nevertheless, also increased concurrently as a result of it. By classifying its several forms, including hacking, phishing, virus assaults, identity theft, online fraud, and denial-of-service (DoS) attacks, this article examines the intricate and dynamic world of cybercrime. The technique, motivations, outcomes, and technical enablers that make it easier to carry out each type are examined.

The modern world has changed due to the quick development of digital technologies, which have improved convenience, productivity, and connectivity. Cybercrime, or illegal activity carried out through or directed against computer systems, networks, and digital devices, has, nevertheless, also increased concurrently as a result of it. By classifying its several forms, including hacking, phishing, virus assaults, identity theft, online fraud, and denial-of-service (DoS) attacks, this article examines the intricate and dynamic world of cybercrime. The technique, motivations, outcomes, and technical enablers that make it easier to carry out each type are examined.

The report also explores worldwide patterns and statistical data that show how cyber threats are becoming more frequent and sophisticated, emphasizing how state-sponsored cyber operations are becoming more prevalent and how vital infrastructure is being targeted. The study also looks at the significant consequences that cybercrime has on people and society, such as monetary loss, psychological harm, and a decline in confidence in digital systems. Along with the significance of proactive cybersecurity measures, international cooperation, and ongoing innovation in threat mitigation, legal, regulatory, and ethical concerns are discussed. This paper’s thorough study emphasizes the pressing need for flexible and team-based tactics to fight cybercrime and maintain the resilience of the digital world.

Keywords: Cybercrime, Digital Technologies, hacking, phishing, malware attacks, cybersecurity.

UNVEILING THE NEXUS: GST REVENUE LOSS; CAUSES AND CONSEQUENCES AND CORRUPTION

AUTHOR – PARTH JOHRI, STUDENT AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – PARTH JOHRI, UNVEILING THE NEXUS: GST REVENUE LOSS; CAUSES AND CONSEQUENCES AND CORRUPTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 383-387, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

This dissertation, titled “Unveiling the Nexus: GST Evasion, Revenue Loss to the Government and Corruption in India”, is the culmination of an extensive research journey undertaken as part of my academic curriculum in pursuit of the B.A. LL.B. degree. It represents a comprehensive effort to explore one of the most pressing challenges in India’s tax administration — the evasion of Goods and Services Tax (GST) — and to propose feasible and forward-looking strategies to mitigate it.

The idea for this dissertation stemmed from an interest in understanding how modern legal and technological frameworks can enhance tax governance in a rapidly digitizing economy. Since its inception in 2017, GST has aimed to unify India’s indirect tax structure. However, the system continues to face challenges from non-compliance, fraudulent invoicing, input tax credit misuse, and enforcement inefficiencies. These challenges formed the foundation of this research, which also includes a detailed review of the legal foundations and statutory structure that governs GST in India.

Spanning seventeen weeks of continuous analysis, the dissertation is built upon a structured series of weekly progress reports. Through these, I explored various dimensions of GST evasion — from sector-specific patterns to the role of administrative loopholes, and from legal enforcement barriers to the promise of emerging technologies such as Artificial Intelligence (AI) in monitoring and compliance. A key part of this project involved evaluating real-world case studies and drawing lessons from international models in countries like South Korea, Brazil, and Estonia.

The research methodology combines doctrinal and analytical approaches, supported by data from government reports, judicial pronouncements, expert opinions, and scholarly literature. Notably, the dissertation includes a dedicated chapter on the integration of AI into the GST framework — a forward-looking exploration of how technology can transform tax enforcement through real-time surveillance, predictive analytics, and fraud detection. This work would not have been possible without the guidance and encouragement of my faculty mentors, whose feedback helped shape the direction and depth of this study. I also wish to express gratitude to professionals and officials who shared valuable insights during informal interviews and discussions.

This dissertation is not only a fulfilment of academic requirements but also a reflection of my passion for tax law, policy innovation, and good governance. I hope that the findings and recommendations offered here serve as a meaningful contribution to the ongoing efforts to strengthen India’s GST ecosystem.

“COMMUNITY SERVICE AS A PUNISHMENT UNDER BNS: A STEP TOWARDS REFORMATIVE JUSTICE IN INDIA”

AUTHOR : ADV.ARSHIYA ABDULKADIR SHAIKH* & RAJ SAYYED WAJAHAD SAYYED AHMED,

* LLM (CRIMINAL LAW), SCHOOL OF LAW, SANDIP UNIVERSITY, NASHIK.

** LLB(HONS), SCHOOL OF LAW, SANDIP UNIVERSITY, NASHIK.

BEST CITATION – ADV.ARSHIYA ABDULKADIR SHAIKH & RAJ SAYYED WAJAHAD SAYYED AHMED, “COMMUNITY SERVICE AS A PUNISHMENT UNDER BNS: A STEP TOWARDS REFORMATIVE JUSTICE IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 372-382, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The Bharatiya Nyaya Sanhita, 2023 (BNS) marks a significant shift in India’s criminal justice philosophy by introducing community service as a form of punishment—an alternative to imprisonment for certain minor offences.^[1] This development indicates a move toward reformative justice, which focuses not on retribution but on rehabilitation and reintegration of offenders into society.

This research critically examines the jurisprudential foundation, legislative framework, and practical implications of community service as a penal measure. It explores whether this change truly reflects a reformative turn or merely serves as a procedural adjustment. The study evaluates global practices, judicial trends, and institutional readiness in India to understand the feasibility and effectiveness of community service within the Indian context.

The paper concludes by highlighting the need for clear guidelines, judicial sensitization, and robust administrative mechanisms to ensure that community service achieves its intended objectives of restorative justice and respect for human dignity.

Keywords: Community Service, Bharatiya Nyaya Sanhita, Reformative Justice, Sentencing, Human Rights, Criminal Law.

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[1] Bharatiya Nyaya Sanhita, No. 45 of 2023, § 4(f), Gazette of India (India).

CYBER LAWS IN INDIA: ISSUES AND CHALLENGES

AUTHOR – KRITIKA KUSHWAHA, IILM UNIVERSITY, GREATER NOIDA

BEST CITATION – KRITIKA KUSHWAHA, CYBER LAWS IN INDIA: ISSUES AND CHALENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 361-371, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Cyber laws play a crucial role in regulating activities in the digital realm, ensuring security, privacy, and accountability. In India, the evolution of cyber laws has been influenced by rapid technological advancements and the growing digital landscape. This paper delves into the complexities of cyber laws in India, examining the legislative framework, emerging challenges, and potential solutions. It explores issues such as jurisdictional complexities, gaps in legislation, enforcement hurdles, and the impact of technological advancements. Through comprehensive analysis and insights, this paper aims to provide a deeper understanding of the issues surrounding cyber laws in India and propose strategies to address them effectively.

Keywords: Cyber laws, India, challenges, legislation, enforcement, jurisdiction, technology

BAIL JURISPRUDENCE IN INDIA – A CRITICAL ANALYSIS

AUTHOR – JYOTI TRIPATHI* & JUHI SAXENA**

* LLM SCHOLAR AT AMITY LAW SCHOOL, AMITY UNIVERSITY, LUCKNOW

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY, LUCKNOW

BEST CITATION – JYOTI TRIPATHI & JUHI SAXENA, BAIL JURISPRUDENCE IN INDIA – A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 354-360, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The jurisprudence surrounding bail in India reflects an ongoing tension between the constitutional guarantee of personal liberty and the imperatives of criminal justice administration. While the Supreme Court has progressively interpreted bail provisions under the Criminal Procedure Code, 1973 in light of Article 21 of the Constitution, the practical realities remain troubling. Millions of undertrial prisoners, often from marginalized backgrounds, continue to face prolonged detention due to poverty, lack of legal aid, and discretionary bail decisions. This paper critically analyzes the evolution of bail jurisprudence in India, focusing on landmark judicial rulings, structural inequalities, and the recent criminal law reforms introduced under the Bharatiya Nagarik Suraksha Sanhita, 2023. It also draws comparative insights from jurisdictions such as the UK and the US to suggest reforms aimed at creating a fairer and more accessible bail system in India.

Keywords: Bail, Criminal Justice, Article 21, Undertrial Prisoners, Anticipatory Bail, BNSS 2023, Supreme Court of India, Judicial Discretion, Comparative Law, Bail Reform