LEGISLATIVE RIGHT V. JUDICIAL MIGHT: DECODING THE BASIC STRUCTURE DOCTRINE

AUTHOR – PRANAV PAI, STUDENT AT JINDAL GLOBAL LAW SCHOOL

BEST CITATION – PRANAV PAI, LEGISLATIVE RIGHT V. JUDICIAL MIGHT: DECODING THE BASIC STRUCTURE DOCTRINE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 119-128, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

As guardian of the Constitution, the judiciary is one of the three organs of the State crucial for the stability and functioning of democracy in India. In protecting the fundamental tenets of the Indian Constitution over the past 50 years, the judiciary has utilised the Basic Structure Doctrine to ‘check’ the legislature’s law-making powers. While the principle of the Doctrine aligns with the broad approach of separation of powers followed in India, in practice, applying the Doctrine as a norm can compromise Parliamentary sovereignty and trigger an imbalance of power. Other problems like vagueness, subjectivity and inconsistent application also undermine its purpose and efficacy. The Doctrine must therefore be used with caution while keeping constitutional principles in mind.

While the Doctrine has emerged as a constitutional custodian, its application has often created complexities and power imbalances between the legislature and judiciary. A comprehensive analysis of the Doctrine using relevant case laws and scholarly articles reveals that it requires careful and considered application. Finally, though the Doctrine has transformed the legal landscape of India, a fine balance must be struck between judicial review and overreach, principle and practice, legislature and judiciary.

Keywords: Basic Structure Doctrine, Separation of Powers, Parliamentary Sovereignty, Amendments, Constitution, Judicial Review.

UNIFIED ELECTORAL FRAMEWORK: INDIA’S QUEST FOR SIMULTANEOUS POLLS

AUTHOR – Y.JECINTHA BENADICTA, LLM SCHOLAR AT THE CENTRAL LAW COLLEGE, SALEM

BEST CITATION – Y.JECINTHA BENADICTA, UNIFIED ELECTORAL FRAMEWORK: INDIA’S QUEST FOR SIMULTANEOUS POLLS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 113-118, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION:

The proposal for simultaneous nationwide elections and the endorsement of the report submitted by a high-level committee headed by former President Ram Nath Kovind has given the idea of “One Nation, One Election” (ONOE) groundswell and has regained popularity in Indian political circles. Proponents of the approach argue that it could improve governance by reducing frequent disruptions due to electoral delays and allowing the government to focus on long-term policy implementation rather than short-term electoral strategies. Moreover, reducing the costs associated with holding multiple elections and streamlining the electoral process could promote a sense of stability and predictability in governance.^[1]

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[1] “‘Simultaneous Elections Were the Norm…’: Ram Nath Kovind Defends ‘One Nation, One Election,’” The Times of India, October 6, 2024, https://timesofindia.indiatimes.com/india/simultaneous-elections-were-the- norm-ram-nath-kovind-defends-one-nation-one-election/articleshow/113981126.cms.

UNVEILING THE SHADOWS: UNDERSTANDING WOMEN TRAFFICKING IN THE MODERN WORLD

AUTHOR – HEBA JAWED, ADVOCATE & INDEPENDENT AUTHOR FROM NEW DELHI

BEST CITATION – HEBA JAWED, UNVEILING THE SHADOWS: UNDERSTANDING WOMEN TRAFFICKING IN THE MODERN WORLD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 91-112, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This dissertation seeks to offer a thorough examination of women trafficking, uncovering its intricate characteristics, underlying reasons, and socio-economic consequences. Utilizing theoretical models, empirical investigations, and real-world cases, it delves into the intricate workings of trafficking networks, the vulnerabilities faced by victims, and the impact of counter-trafficking efforts. By analyzing the interplay of gender, migration, and globalization, this study aims to enrich discussions on human trafficking and guide policy measures to combat this grave infringement of human rights. Reaching out to the issue of Women trafficking involves a lot of perception. The concept of Women trafficking refers to the criminal practice of exploiting women by treating them like commodities for profit^[1]. Human trafficking is expressly prohibited under the Constitution of India under Article 23.

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[1] Dr. C.M. Prakasha, A Study of Human Trafficking in India: An Overview, 7 Int’l J. Mgmt. & Soc. Sci. 11 (2019).

DATA PROTECTION IN DIGITAL ERA: A CRITICAL ANALYSIS WITH SPECIAL REFERENCES OF DATA PROTECTION ACT, 2023

AUTHOR – MR. MD JIYAUDDIN & DR. SUNITA BANERJEE, ASSISTANT PROFESSORS OF LAW, VEL TECH RANGARAJAN DR SAGUNTHALA R & D INSTITUTE OF SCIENCE AND TECHNOLOGY, IMDJIYAUDDIN@GMAIL.COM

, BEST CITATION – MR. MD JIYAUDDIN & DR. SUNITA BANERJEE, DATA PROTECTION IN DIGITAL ERA: A CRITICAL ANALYSIS WITH SPECIAL REFERENCES OF DATA PROTECTION ACT, 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 82-90, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In an era marked by unparalleled digital data expansion and technological change, securing personal data has become a top priority for individuals, organisations, and governments throughout the world. The impact of social media on people’s right to privacy has sparked considerable controversy. The importance of data protection has risen dramatically over the last several decades, reaching previously inconceivable heights as a result of global digitalisation, including India. The concept of “privacy” dates back to the dawn of human civilisation. However, comprehending privacy may be difficult. There is no commonly agreed definition of “privacy” among scholars since the term changes alongside society. The term “right to privacy” has developed to cover rights such as the right to be alone or to be anonymous, which have emerged throughout human history. Protecting this freedom is critical in today’s world, given the proliferation of digital media. The implementation of the Digital Personal Data Protection Act, 2023, is significant in that it defines rules for the authorised handling of personal data, giving power and protecting individuals’ rights. The DPDP Act’s main goal is to increase the accountability and responsibility of organisations that operate inside Indian borders, such as internet companies, mobile applications, and companies that collect, store, and alter citizen data. Emphasising the ‘Right to Privacy,’ this law seeks to make sure that these organisations are transparent and answerable for how they handle personal information, therefore prioritising individual rights to privacy and data protection. Thus, examining the Digital Data Protection Act 2023 from a privacy perspective is pertinent.

Key Words: Digital data expansion, Technological change, Right to privacy, Unparalleled, Accountability and Responsibility

PROVISIONS RELATING TO APPEAL IN CONTEMPT OF COURTS ACT, 1971

AUTHOR – SNEHA RAWAT & HARSH TYAGI, STUDENT AT SYMBIOSIS LAW SCHOOL, NOIDA, SYMBIOSIS INTERNATIONAL (DEEMED UNIVERSITY), PUNE

BEST CITATION – SNEHA RAWAT & HARSH TYAGI, PROVISIONS RELATING TO APPEAL IN CONTEMPT OF COURTS ACT, 1971, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 78-81, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

The judiciary cannot itself claim immunity to criticism. Healthy criticism, after all, is quite necessary for its own functioning. However, when such criticism cuts into the meaning of clear distortions or serious misrepresentations, more so if the criticism seems designed to demean the dignity of the judiciary and reduce public trust in it, steps must be taken. Even though action for contempt of court is a discretionary measure, it should not be pressed too frequently or too lightly.

THE SEPARATION OF POWER IN THE FRAMEWORK OF TAX ASSESSMENT

AUTHOR – SNEHA RAWAT & HARSH TYAGI, STUDENT AT SYMBIOSIS LAW SCHOOL, NOIDA, SYMBIOSIS INTERNATIONAL (DEEMED UNIVERSITY), PUNE

BEST CITATION – SNEHA RAWAT & HARSH TYAGI, THE SEPARATION OF POWER IN THE FRAMEWORK OF TAX ASSESSMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 73-77, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

The assessment and the reassessment proceedings mentioned mainly in §140 – §149 of the income tax act, 1961 (herein referred as the Act), has undergone several amendments since its inception. It has been, from the beginning, the main focus of legislative reforms and judicial scrutiny, due to its pertinent nature. Every individual, whoever exceeds the exemption limit, is subjected to file an income tax return within a prescribed date.^[1] Similarly, every company, having a turnover above the prescribed upper limit, is subjected to a tax audit,^[2] or an audit in another act^[3] within a due date as per the section. Most of these declarations are facilitated by a CA or a knowledgeable expert in this field. However, all declarations are not completely scrutinized by the tax authorities. That is where the assessment provision comes in.^[4] Assessment verifies and validate these declarations such that losses are not overstated, and accuracy and legitimacy of the returns filed are preserved. The goal is to ensure the integrity of tax collection and avert any possibility of misuse and inconsistencies in the financial data reported. Because the executive body is vested with such powers to seize declare and check the data anytime, it becomes pertinent to have a balance and check of judiciary.

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[1]  Income Tax Act 1961,  § 140 – § 149.

[2]  Income Tax Act 1961, § 44AB.

[3]  After the amendment of 2023, proviso 2 of § 44AB, gives such an exemption.

[4]  Income Tax Act 1961, § 143.

THE MISUSE OF ANTI-TERRORISM LAWS: HOW UAPA AND PMLA VIOLATE HUMAN RIGHTS UNDER FATF’S WATCH

AUTHOR – DISHA SINGHAL, STUDENT AT SYMBIOSIS INTERNATIONAL UNIVERSITY, PUNE

BEST CITATION – DISHA SINGHAL, THE MISUSE OF ANTI-TERRORISM LAWS: HOW UAPA AND PMLA VIOLATE HUMAN RIGHTS UNDER FATF’S WATCH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 64-72, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper titled, ‘The Misuse of Anti-Terrorism Laws: How UAPA and PMLA Violate Human Rights Under FATF’s Watch’ under the theme ‘Rights, Equality and Social Justice’ aims at analyzing anti-terrorism and combating the financing of terrorism and anti-money laundering laws of India with reference to the Unlawful Activities (Prevention) Act, 1967 and the Prevention of Money Laundering Act, 2002. These laws formulated to counter terrorism and its financing have been broadened and modified to meet international standards, especially the Financial Action Task Force Recommendations. Nevertheless, this type of expansion has now elicited grievous human rights concerns. The paper examines the broad and ambiguous nature of these laws and their applicability to journalists, activists, and civil society organizations for politically sensitive cases. Using journalist Siddique Kappan’s case where he was charged under both UAPA and PMLA, the study explains how these laws are being utilized to repress opposition and suppress freedom of speech.

The paper shall delve into the analysis of how India’s compliance with FATF norms resulted in the violation of human rights. The paper also claims that due to the sweeping and vague nature of these laws, important fundamentals such as; the right to a fair trial, and the presumption of innocence are also violated. Besides, it highlights the fact that the use of these laws to stifle opposition is counter-productive for counter-terrorism, the violation of human rights in the fight against terrorism is counter-productive.
In the paper’s conclusion, the author points to the need for the review of these laws, stricter regulation of such policies, and involvement of civil society in the evaluation of its policies by FATF, and for protecting human rights defenders. It asserts and insists that for justice to prevail, for India to win, it has to balance on the twin wheels of security and liberty, national security and the protection of rights to freedom.

Keywords: Human Rights, Terrorist Financing, Money Laundering, FATF, PMLA, UAPA, Due Process, Fair Trial

POLICE DEVIANCE: STRUCTURES OF LEGAL RESTRAINT ON POLICE FOWERS IN INDIA

AUTHOR: Y.JECINTHA BENADICTA, LLM SCHOLAR AT THE CENTRAL LAW COLLEGE, SALEM

BEST CITATION – Y.JECINTHA BENADICTA, POLICE DEVIANCE: STRUCTURES OF LEGAL RESTRAINT ON POLICE FOWERS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 46-63, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION:

The police, as one of the actors in the criminal justice system, must play an important role in maintaining peace and enforcing law and order in their territory. Its main function is to protect people’s life and property and to protect them from violence, threats, abuse and trouble. So police work has played an important role in the criminal justice system, and it has changed dramatically every day. Today’s police officers must protect people from physical harm, save lives, control traffic and maintain law and order in the streets and public spaces. There is also clear action to prevent crime and violence from children to women and children.^[1] Police deviance occurs when law enforcement officers behave in a manner that is ―inconsistent with the officer’s legal authority, organizational authority, and standards of ethical conduct^[2] Article 21^[3] of the Constitution of India gives hope to the lives of prisoners, under trial and accused persons. These citizens deserve to be treated humanely and legally. In the case of Maneka Gandhi v. Union of India AIR 1978 SC 597, the Supreme Court held that the State and the police as the main law enforcement agency have an inalienable duty to bring criminals to justice. However, the law and the measures taken by the government to achieve this social goal should be in line with international norms. Therefore, the procedure implemented by the authorities should be fair, just and fair.^[4]

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[1] Vijaya Sampat Anandi Jagtap, ―The Police Their Deviances with Special Reference to Some of the Crimes, University, 2010, https://shodhganga.inflibnet.ac.in:8443/jspui/handle/10603/535131.

[2] Deviance Notes – Unit – III POLICE DEVIANCE Police Indian Police Act, 1861 Enacted by British Still – Studocu,‖ accessed October 11, 2024, https://www.studocu.com/in/document/karnataka-state-law- university/llm/deviance-notes/91367211.

[3] Constitution of India| National Portal of India,‖ accessed October 11, 2024, https://www.india.gov.in/my- government/constitution-india.

[4] Maneka Gandhi vs Union Of India on 25 January, 1978,‖ accessed October 11, 2024, https://indiankanoon.org/doc/1766147/.

CASE COMMENT ON ARJUN PANDITRAO KHOTKAR V. KAILASH KUSHANRAO GORANTYAL & OTHERS, [2020] 7 S.C.R. 180

AUTHOR – MS. SIDDHI KAMLAKAR PHATKARE, STUDENT AT M.K.E.S COLLEGE OF LAW, MUMBAI, UNIVERSITY OF MUMBAI

BEST CITATION – MS. SIDDHI KAMLAKAR PHATKARE, CASE COMMENT ON ARJUN PANDITRAO KHOTKAR V. KAILASH KUSHANRAO GORANTYAL & OTHERS, [2020] 7 S.C.R. 180, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 21-27, 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).

BRIEF FACTS OF THE CASE

Dispute over election of Mr. Arjun Panditrao Khotkar (Appellant) in the Maharashtra State Legislative Assembly, 2014 (101 -Jalna constituency) : This case arose from an election dispute in the Maharashtra State Legislative Assembly election for the 101-Jalna constituency in the year 2014. Mr. Arjun Panditrao Khotkar (belonging to Shiv Sena party) won a seat from the Jalna constituency by a slim margin of 296 votes over his rival, Mr. Kailash Kushanrao Gorantyal (belonging to Congress party). Mr. Arjun Panditrao Khotkar secured 45,078 votes, whereas Mr. Kailash Kushanrao Gorantyal secured 44,782 votes.

CASE COMMENT ON RAJESH SHARMA & ORS. VS STATE OF  U.P. & ANR

AUTHOR – VEDANTI BHUSHAN HATE, STUDENT AT M.K.E.S COLLEGE OF LAW, MUMBAI UNIVERSITY

BEST CITATION – VEDANTI BHUSHAN HATE, CASE COMMENT ON RAJESH SHARMA & ORS. VS STATE OF  U.P. & ANR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 16-18, 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).

INTRODUCTION

The Supreme Court of India, in the case of Rajesh Sharma & Ors. vs. State of U.P. & Anr., addressed the important issues related to the misuse of Section 498A of the Indian Penal Code (IPC). Section 498A of the Indian penal code was introduced in 1983 to  protect women from cruelty in marriages, particularly related to dowry demands, by their husband or in-laws. It made cruelty a punishable offence that is cognizable, non-compoundable, and non bailable However, over the time, it was observed that it was often misused, leading to innocent family members being wrongly accused. This led to wrongful arrest and unnecessary legal dispute. This case not only highlighted the issue but also provided protection for women’s rights, preventing false accusations and wrongful punishment and arrest of innocent people. The Supreme Court issued guidelines by framing rules to avoid unjust arrests and ensure fair treatment for all. These guidelines would help to stop the misuse of law and will ensure that genuine cases are treated properly.