PRESIDENTIAL FORM OF GOVERNMENT AND SEPARATION OF POWER SPECIFIC REFERENCE TO USA

AUTHOR – MR. SIDDHANT ADABE, STUDENT AT D.E.S.’S  SHRI. NAVALMAL FIRODIA LAW COLLEGE, SAVITRIBAI PHULE PUNE UNIVERSITY, PUNE

BEST CITATION – MR. SIDDHANT ADABE, PRESIDENTIAL FORM OF GOVERNMENT AND SEPARATION OF POWER SPECIFIC REFERENCE TO USA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 418-429, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

USA and India showcase divergent presidential governance, reflecting unique historical-political contexts. The presidential form of government and separation of powers in the United States finds its genesis in the deliberations of the Constitutional Convention of 1787, where framers envisaged a system of divided authority to forestall the concentration of power. In contrast, India’s parliamentary system, heavily influenced by British colonial legacy, integrates the executive and legislative branches, albeit with checks and balances enshrined within its federal structure. In USA, the presidential system maintains separation of powers but faces challenges due to political polarization. India’s parliamentary system integrates executive and legislative functions, posing flexibility but risking weakened checks. Both countries strive for democratic accountability and responsiveness, prompting ongoing discussions on institutional reform. The US presidential system divides power among executive, legislative, and judicial branches to prevent tyranny and promote efficient decision-making, though cooperation is essential to avoid gridlock. In contrast, India’s parliamentary system combines executive and legislative roles, providing flexibility but potentially weakening checks. These systems shape political culture, policymaking, and citizen involvement differently, impacting governance stability and effectiveness in each nation. The Impact of Presidential Form of Government on Power Dynamics and Governance in the United States and how the U.S. presidential system shapes executive authority, legislative effectiveness, and inter-branch relations, shedding light on its implications for democratic governance and policy outcomes. In presidential systems, such as that of the United States, executive-legislative cooperation positively correlates with legislative productivity, measured by the frequency of bills passed with bilateral support. This relationship suggests that increased collaboration between branches enhances governance effectiveness in such political frameworks. A spectrum of initiatives, ranging from electoral reforms and constitutional amendments to administrative decentralization and judicial reforms. These reforms aspire to strengthen democratic institutions, foster political inclusivity, and deepen public trust in the governance process. To offer insights into the dynamics of democratic governance in diverse contexts and to chart a course towards institutional resilience and democratic consolidation.

Keywords – Comparative analysis, Democracy. Presidential form of government, Reform, Separation of powers, United States.

ANTI DEFECTION LAW AND ITS IMPACT ON DEMOCRACY

AUTHOR – SALONI VINOD ALLADWAR, STUDENT AT DECCAN EDUCATION SOCIETY SHRI NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – SALONI VINOD ALLADWAR, ANTI DEFECTION LAW AND ITS IMPACT ON DEMOCRACY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 412-417, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

 Unraveling the Threads of Democracy: Navigating the Impact of Anti-Defection Laws – Balancing Stability and Representation.  The Anti-Defection Law, a crucial component of many democracies, emerged in response to political instability caused by frequent party-hopping among elected representatives. Originating from concerns about floor-crossing and its implications for government stability, these laws were designed to enforce party discipline and curb opportunistic political maneuvers. As of in January 2022, Anti-Defection Laws are still prevalent in many democracies. These laws aim to prevent elected representatives from switching parties, promoting political stability. However, debates persist on whether these laws strike the right balance between party discipline and individual autonomy. For the current status, it is advised to refer to the latest legal and political developments in specific countries.  The Anti-Defection Law, present in many democracies, aims to prevent elected representatives from switching parties to maintain political stability. While it promotes party discipline, critics argue that it may limit individual autonomy and dissent, raising concerns about its impact on democratic principles. The ongoing debate revolves around striking a balance between stability and representation. It revolves around assessing the impact of Anti-Defection Laws on democracy, which includes evaluating the balance between party discipline and individual representation, exploring the effects on political stability, and examining potential challenges or benefits to democratic principles arising from the implementation of such laws. The enforcement of Anti-Defection Laws is likely to enhance party discipline but may lead to a reduction in individual representation, The hypothesis aims to test the delicate balance between party cohesion and democratic principles in the context of Anti-Defection Laws. Reform is to introduce a more nuanced and transparent system. This could involve allowing elected representatives greater autonomy on matters of conscience or critical policy differences while maintaining party loyalty on votes of confidence and foundational issues. Examining the impact of Anti-Defection Laws on democracy by assessing party discipline, evaluating individual representation, and proposing reforms for a balanced democratic system.

Key Words– Anti-Defection, Democracy, Principles, Representation, Stability.

THE PRICE OF PEACE: WAR CRIMES, HUMAN RIGHTS VIOLATIONS, AND ACCOUNTABILITY

AUTHOR – DEBALINA ROY, STUDENT AT XAVIER LAW SCHOOL, XIM UNIVERSITY

BEST CITATION – DEBALINA ROY, THE PRICE OF PEACE: WAR CRIMES, HUMAN RIGHTS VIOLATIONS, AND ACCOUNTABILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 400-411, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

War represents the ultimate infringement upon the rights of individuals. It not only violates international laws but also hinders people from enjoying fundamental human rights, including the right to life, personal liberty, healthcare, medicine, and education. These basic human rights are owed to one another, not just as members of our respective nations but also as members of the global community. Over the past few decades, armed conflicts have devastated the lives of countless civilians, witnessing severe breaches of international humanitarian and human rights laws. This article delves into the numerous violations of human rights that can be attributed to ongoing wars and armed conflicts worldwide, highlighting their detrimental impact on various aspects of life and different social groups. The author endeavours to explain the significance of human rights in the context of the ongoing conflicts between Russia and Ukraine, Israel and Palestine, and other parts of the world. The author highlights the importance of the rights outlined in the International Bill of Rights, specifically the Universal Declaration of Human Rights (UDHR), 1948, and the International Covenant on Civil and Political Rights (ICCPR), in upholding human rights in areas affected by war. Both international human rights law and international humanitarian law share the common objective of safeguarding the dignity and humanity of all individuals. This article analyses the relationship between these two bodies of law and determines whether human rights law remains applicable during armed conflicts and war, and if so, how they can mutually reinforce each other. The author has adopted doctrinal research methodology and referred to primary as well as secondary sources in writing this article and in arriving at the aforementioned findings.

Keywords: human rights, international humanitarian law, international human rights law, war, armed conflict, human rights violations

EXPLORING THE LEGAL DYNAMICS: STRICT LIABILITY VS. DUE DILIGENCE DEFENSE FOR INDEPENDENT DIRECTORS UNDER THE COMPANIES ACT, 2013

AUTHOR – ARYAN BHARDWAJ, STUDENT AT UNIVERSITY OF PETROLEUM AND ENERGY STUDIES, DEHRADUN.

BEST CITATION – ARYAN BHARDWAJ, EXPLORING THE LEGAL DYNAMICS: STRICT LIABILITY VS. DUE DILIGENCE DEFENSE FOR INDEPENDENT DIRECTORS UNDER THE COMPANIES ACT, 2013, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 393-399, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper explores the interplay between strict liability and due diligence defense for independent directors under the Companies Act, 2013 in India. It examines the legal framework, compares it to international standards, and analyzes landmark cases to understand the challenges and opportunities this framework presents. The paper concludes by proposing solutions to enhance clarity, promote boardroom dynamics, and improve director training and regulatory guidance.

MARXIAN THEORY ON PRIVATE PROPERTY

AUTHOR – B.MONIKA, ASSISTANT PROFESSOR AT MOTHER TERESA LAW COLLEGE, PUDUKKOTTAI

BEST CITATION – B.MONIKA, MARXIAN THEORY ON PRIVATE PROPERTY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 384-392, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Karl Marx divided society into two people namely Bourgeoisie and Proletariat. Marx’s concept emanated from the hostile capitalistic society. In his view the proletarian world outlook is the main body of the theoretical edifice of property rights. Those laws are simply a reflection of the desires of the Bourgeoisie class in his Communist Manifesto, that the will of this Bourgeoisie class made the law based on their economic conditions of their class.The property owners inorder to possess the means of production they hold on possession of the labor of the workers. Employer Minority class afford partial amount as consideration to working class for the massive profit gain by selling the proletarian labor. Private property and its abolition were discussed in this article.

CRIMINAL JUSTICE REFORM: A CRIMINOLOGICAL ANALYSIS OF CHALLENGES AND SOLUTIONS

AUTHORS – DR. S. JAMES*&PROF. (DR.) HARIKUMAR PRALLATHADKA**, POST-DOCTORAL FELLOW IN LAW*& VICE CHANCELLOR** AT MANIPUR INTERNATIONAL UNIVERSITY, IMPHAL, MANIPUR, INDIA

* EMAIL: DRJAMES835@GMAIL.COM

** EMAIL: HARIKUMAR@MIU.EDU.IN

BEST CITATION – DR. S. JAMES*&PROF. (DR.) HARIKUMAR PRALLATHADKA, CRIMINAL JUSTICE REFORM: A CRIMINOLOGICAL ANALYSIS OF CHALLENGES AND SOLUTIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 374-383, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The complexity of the criminal justice system necessitates a comprehensive analysis of its current reform efforts. This paper delves into the multifaceted challenges confronting criminal justice reform, encompassing systemic biases, over-incarceration, and the disproportionate impact on marginalized communities. Utilizing a criminological framework, the analysis identifies the root causes of these issues, including socio-economic disparities, institutional practices, and societal attitudes towards crime and punishment. It has explored various reform initiatives, such as restorative justice practices, decriminalization efforts, and the introduction of rehabilitation programs, assessing their effectiveness and applicability within different contexts. Furthermore, the paper highlights the importance of interdisciplinary collaboration among policymakers, criminologists, and community stakeholders in devising sustainable solution. ¹

This abstract presents a comprehensive criminological analysis of the ongoing challenges and potential solutions associated with criminal justice reform. The current landscape of the criminal justice system is marked by significant issues, including systemic inequalities, racial and socio-economic disparities, and the high prevalence of recidivism. This analysis begins by examining the historical context of criminal justice policies that have perpetuated these challenges, such as the “War on Drugs,” mandatory minimum sentences, and three-strikes laws, which have led to over-incarceration and strained community relations. Furthermore, the paper addresses the psychological and social consequences of incarceration on individuals and communities, highlighting how these effects can contribute to cycles of crime and poverty. The role of public perception and media portrayal of crime is also considered, as these narratives often shape policy decisions and community responses to crime and justice.

Keywords: Criminal, Criminology, Inequality, Racial Disparities, Mental Health Treatment.

COMPETITION LAW IN TELECOM SECTOR: A CASE STUDY OF INDIA

AUTHOR – ABHIJEET GAURAV JHA, LLM SCHOLAR MIT- WORLD PEACE UNIVERSITY

BEST CITATION – ABHIJEET GAURAV JHA, COMPETITION LAW IN TELECOM SECTOR: A CASE STUDY OF INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 367-373, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The telecom sector in India has seen a rapid growth and consolidation, which has raised concerns about anti-competitive practices. This paper examines the effectiveness as well as the application of competition law in the telecom sector of India. This paper uses a case study approach to analyses significant decisions of the Competition commission of India (CCI) and courts. The paper highlights issues of cartelization, abuse of dominance and merger control.   The study also focuses on the challenges that are faced in enforcing the competition law which includes the regulatory overlaps and inadequate penalties.

Keywords: Competition law, Telecom sector in India, CCI, Anti- competitive Practices

AI-GENERATED OR AI-AIDED? EXAMINING PATENTABILITY, INVENTORSHIP AND POLICY IMPLICATIONS OF AI INVENTIONS

AUTHOR – LASYA C R, STUDENT ALLIANCE SCHOOL OF LAW, BENGALURU, INDIA

BEST CITATION – LASYA C R, AI-GENERATED OR AI-AIDED? EXAMINING PATENTABILITY, INVENTORSHIP AND POLICY IMPLICATIONS OF AI INVENTIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 362-366, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The research paper explores the evolving role of AI in the field of inventions, particularly focusing on the distinction between autonomous AI inventions and those aided by AI. As AI has now transformed from a tool in computational programming in computer systems to be a touch bearer in various fields, it has raised questions regarding the inventorship of AI inventions. Recent debates, highlighted by cases like the European Patent Office’s (EPO) rejection of DABUS as an inventor, underscore the lack of clear definitions and understanding in differentiating automation from autonomy within AI systems. This research examines the technical and legal implications of AI’s role in inventorship, considering issues of autonomy, the technical functionality of AI-generated inventions, and the policy challenges that arise. By analysing perspectives of the U.S., UK, Australia and E.U., this paper aims to clarify the technicality of AI inventions to aid understanding, in order to simplify the debate in adapting to policy frameworks for AI inventions. By comparing international perspectives and providing an analysis of patent law’s suitability for AI-generated outputs, the paper underscores the importance of balancing patent protection for AI-generated inventions with public domain preservation. Ultimately, it addresses whether our current legal landscape is capable of accommodating AI inventions and suggests a path forward.

Key Words: Artificial Intelligence, AI-Generated Inventions, DABUS, Automation, Autonomy, Inventorship, Patent Law

ANALYZING THE FORMS OF MARKET ABUSE: MARKET MANIPULATION AND INSIDER TRADING

AUTHOR – RISHIKA SHARMA, STUDENT AT AMITY UNIVERSITY, MUMBAI

BEST CITATION – RISHIKA SHARMA, P ANALYZING THE FORMS OF MARKET ABUSE: MARKET MANIPULATION AND INSIDER TRADING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 353-361, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Market abuse is a broad term which defines any action that disadvantages other investors in a qualifying trading platform or market. Two major types of market abuse are ‘Market Manipulation’ and ‘Insider Trading.’ Market manipulation is referred to as an act of attempting to deceive the investors by way of misleading appearances of the price of security or commodity or any other financial instruments. This can be achieved through ‘Pump and Dump Schemes’ and ‘Spoofing and Layering’, which are called types of market manipulation. Market manipulation can be challenging for the regulators to detect and prove. Certain ways have to be taken into consideration to prevent market manipulation and safeguard the investors. Insider trading indicates the illegal practice which is conducted by the employees or directors of a company, wherein they supply crucial information related to the stocks to the third parties. Insider trading can be illegal as well as legal. Challenges come into the picture when detecting insider trading practice. Various effective ways can be noted for the prevention of insider trading in the company.

Keywords: Market abuse, Market manipulation, Insider trading, Challenges while detection, Tactics for prevention, Illegal and legal insider trading.

ACHIEVING WAGE JUSTICE: A LEGAL AND ECONOMIC ANALYSIS OF THE WAGE CODE, 2019

AUTHOR – VARSHA D. VYAS* & DR. ARSHI PAL KAUR**,

*ASSISTANT PROFESSOR AT M.K.E.S. COLLEGE OF LAW

** ASSISTANT PROFESSOR, DEPARTMENT OF LAWS, GURU NANAK DEV UNIVERSITY, REGIONAL CAMPUS, GURDASPUR.

BEST CITATION – VARSHA D. VYAS & DR. ARSHI PAL KAUR, ACHIEVING WAGE JUSTICE: A LEGAL AND ECONOMIC ANALYSIS OF THE WAGE CODE, 2019, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 93-95, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

Abstract

In 1948, a tripartite committee, “The Committee on Fair Wage” was established to formulate guidelines for wage structures. The Code on Wages, 2019 represents a crucial advancement in the labour law landscape of India, designed to simplify and guarantee equitable wages for workers in various sectors. The Code on Wages unifies multiple wage laws,^[1] reducing ambiguities and regulatory overlaps. The Code mandates timely wage payments, ensuring that employees receive their earnings without undue delays. The Code reinforces the principle of equal remuneration for men and women for the same work or work of similar nature, alongside strict anti-discrimination clauses. With the push towards digital wage payments and better record-keeping, the Code encourages formalization of employment. The Code on Wages, 2019 introduces a contemporary framework for wage regulation in India, effectively balancing the rights of workers with the needs of businesses. It promotes fairness, transparency, and the formalization of labour practices, establishing a foundation for equitable treatment.

Key Words: The Wage Code, 2019, Minimum wages, payment of wages, labour reforms, equal remuneration, economic impact

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[1] https://dtnbwed.cbwe.gov.in/images/upload/Code-on-Wages–_03L6.pdf