RIGHT TO INFORMATION AND ADMINISTRATIVE TRANSPARENCY

AUTHOR – AKSHAYA.R, STUDENT AT THE TAMIL NADU, DR. AMBEDKAR LAW UNIVERSITY (TNDALU), SCHOOL OF EXCELLENCE IN LAW (SOEL).

BEST CITATION – AKSHAYA.R, RIGHT TO INFORMATION AND ADMINISTRATIVE TRANSPARENCY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 139-144, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

The general theme of this research revolves around transparency, the right to information in governance; it deals with a shifting concept of the role of citizens as not just occasional voters but participants in governance, more particularly in local and decentralized levels. The research focuses on accountability and transparency as central components of good governance, whose recognition exists in a variety of international frameworks; one example is the 1992 World Bank report on Governance and Development^[1].

The right to information is framed in terms of its being an important tool that would help establish openness and accountability in public administration. It insists on the right of citizens, stakeholders, and civil society organizations to access information about the operation and decisions from public authorities. This should be necessary to ensure accountability and transparency within the administration for informed decisions to be made by citizens and for the effective exercise of their rights. The research aims to examine the relationship between transparency and a right to information, looks at the situation overseas, and review recent developments in India concerning these rights, especially with the Right to Information Act, 2005^[2].

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[1] World Bank Report on Governance and Development, 1992.

[2] Right to Information Act, 2005.

OILING THE MACHINE OF JUDICIAL REVIEW: MNS ENTERPRISES v. THE DISTRICT COLLECTOR AND THE SCOPE OF CERTIORARI

AUTHOR – SMRITHI ANILKUMAR, THE TAMIL NADU, DR. AMBEDKAR LAW UNIVERSITY (TNDALU), SCHOOL OF EXCELLENCE IN LAW (SOEL).

BEST CITATION – SMRITHI ANILKUMAR, OILING THE MACHINE OF JUDICIAL REVIEW: MNS ENTERPRISES v. THE DISTRICT COLLECTOR AND THE SCOPE OF CERTIORARI, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 134-138, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The legal foundation and importance of the writ of certiorari in the context of administrative law are examined in this article, focussing on how it was used in the case of M/s. MNS Enterprises, Rep. by its Proprietor V. Mohana Priya v. The District Collector, Chengalpet & Ors^[1]. The case began when the fourth respondent, who claimed the petitioner’s lubricant oil distribution company created a public nuisance in a residential neighbourhood, issued an adverse administrative decision against the petitioner. By requesting judicial review via a writ of certiorari, the petitioner contested this ruling on the grounds that the administrative authority had overreached its jurisdiction and had neglected to take pertinent information into account.

This article looks at the fundamental ideas behind the writ of certiorari and how it might be used as a supervisory judicial tool to rectify procedural injustice, illegality, and jurisdictional flaws in administrative decisions. Further, it seeks to explain the conditions under which certiorari is granted by examining the ruling rendered by the High Court of Madras. It focuses on situations where administrative bodies overreach their authority, behave arbitrarily, or disregard due process. The balance between judicial oversight and administrative discretion is also discussed, with an emphasis on how courts prevent the abuse of quasi-judicial powers. In the end, the paper demonstrates how certiorari serves as an essential check on administrative power, guaranteeing that choices pertaining to fundamental rights—like the right to carry on trade—are taken in compliance with the law and justice.

Keywords: Certiorari, Administrative law, procedural fairness, judicial review, MNS Enterprises.

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[1] MNS Enterprises, rep. by its Proprietor V. Mohana Priya v. The District Collector, Chengalpet & Ors., WP No. 1048 of 2024 & WMP. No. 1111 of 2024.

THE IMPACT OF DIGITALISATION (AI) ON ADMINISTRATIVE DECISION MAKING PROCESS AND ACCESS TO JUSTICE

AUTHORS JAGADIP T & ABRARUL ATHIF, STUDENTS AT THE TAMIL NADU, DR. AMBEDKAR LAW UNIVERSITY (TNDALU), SCHOOL OF EXCELLENCE IN LAW (SOEL).

BEST CITATION – JAGADIP T & ABRARUL ATHIF, THE IMPACT OF DIGITALISATION (AI) ON ADMINISTRATIVE DECISION MAKING PROCESS AND ACCESS TO JUSTICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 123-133, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT                               

Good administration is the foundation for fair and effective government action. In recent times, the digitalization of  executive processes has come decreasingly  current,  promising  effectiveness,  translucency, and enhanced availability. The Nordic countries, known for their advanced digital societies,  give a unique perspective to study the  goods of  digitalization on  executive decision- making processes and access to justice, particularly in the  environment of advanced  weal  countries and robust legal systems. This study investigates  the multifaceted impact of digitalization on  executive decision- making processes and access to justice with a particular focus on Denmark, Finland, Norway, Sweden, and Iceland. It delves into how digitalization has  converted  executive decision- making processes, analysing the  eventuality for increased  effectiveness, streamlined workflows, and enhanced data- driven decision-  timber. Through a comprehensive analysis of policy  fabrics, legal  structures, and empirical data, this  exploration seeks to  interpret the ways in which digital  technologies are reshaping  executive practices and  impacting the delivery of justice. The study begins by examining the  elaboration of digitalization in Nordic  executive laws,  fastening on e government  enterprise and digital technology integration. It explores its  counteraccusations  for  executive decision- making processes, including procedural fairness,  executive discretion, and automated decision- making algorithms. By  espousing a  relative approach, this study aims to identify common trends, challenges, and   openings presented by digitalization in Nordic  executive systems, offering  perceptivity that are  material to both indigenous policymakers and global stakeholders navigating the  complications of digital governance. Eventually, this  exploration contributes to a deeper  understanding of the complex relationship between digitalization,  executive decision-  timber, and access to justice in Nordic States, offering  perceptivity that are  material to ongoing debates  girding  executive modernization and legal  invention in the digital age.

COMMERCIAL LEASE AGREEMENTS IN REFERENCE TO LEGAL IMPLICATIONS AND TENANT RIGHTS”

AUTHOR – MS. SALONI ALLADWAR, STUDENT AT DECCAN EDUCATION SOCIETY’S SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – MS. SALONI ALLADWAR, COMMERCIAL LEASE AGREEMENTS IN REFERENCE TO LEGAL IMPLICATIONS AND TENANT RIGHTS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 117-122, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Leasing Confidence, Shielding Rights: Where Legal Precision Meets Tenant Security. Commercial lease agreements, evolving over time, these agreements have undergone transformations, reflecting shifts in legal frameworks, landlord-tenant dynamics, and a growing emphasis on tenant rights, ultimately shaping the landscape of commercial real estate. Commercial lease agreements, shaped by evolving legal frameworks, currently emphasize increased tenant rights, integrate technology for efficient management, consider sustainability factors, and may reflect the impact of global events such as the COVID-19 pandemic, all within the context of prevailing market trends and economic conditions. Commercial lease agreements are legal contracts governing the rental of business properties. They outline terms such as rent, lease duration, and maintenance responsibilities. Emphasizing tenant rights, these agreements are influenced by evolving legal frameworks and market trends, with considerations for sustainability and the impact of global events, shaping the present landscape of commercial leasing. The research seeks to address gaps in the current understanding of how legal provisions contribute to or hinder the equitable relationship between commercial landlords and tenants, ultimately exploring avenues for enhancing the fairness and efficacy of commercial lease agreements. Evolving legal frameworks significantly impact the equilibrium between landlords and tenants, with the implementation of tenant rights, technological integration, sustainability considerations, and global events playing pivotal roles in shaping the dynamics of commercial lease agreements. Implementing standardized guidelines for commercial lease agreements, incorporating comprehensive legal provisions to bolster tenant rights, enhance transparency, and streamline dispute resolution processes, thereby fostering a more equitable and efficient leasing landscape. To address these challenges the researcher has undertaken the topic to study the meaning and to analyze the impact of legal provisions on tenant rights in commercial lease agreements, identify areas for improvement in the existing framework, and propose reforms aimed at fostering fairness, transparency, and efficiency in the landlord-tenant relationship.

Keywords: Contract, Commercial Agreement, Lease Agreement, Landlord, Tenant.

UNDERSTANDING THE LEGAL IMPLICATION OF AGREEMENTS TO PERFORM IMPOSSIBLE ACTS

AUTHOR – SHWETA DILIP BHONDAV, ADVOCATE AND GRADUATE FROM SAVITRIBAI PHULE PUNE UNIVERSITY

BEST CITATION – SHWETA DILIP BHONDAV, UNDERSTANDING THE LEGAL IMPLICATION OF AGREEMENTS TO PERFORM IMPOSSIBLE ACTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 109-116, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

  Contracts weaving the fabric of possibility, torn asunder by the threads of impossibility. The doctrine of frustration, originating from Roman law and influenced by the English Rule (Paradine vs Jane, 1647)^[1], allows contract discharge when performance becomes impossible, addressing cases where strict adherence is deemed unfair. It emerged as a necessary remedy for situations where a contract couldn’t be fulfilled through no fault of the defendant. The doctrine of frustration, constitutes the Indian Contract Act,1872, as Section 56(Agreement to do impossible acts). An agreement to do something, which was possible or lawful when the contract was constructed, but subsequently, becomes impossible or unlawful without any fault of either party, then such an act will be void. The doctrine of frustration becomes applicable when a contract becomes impossible to perform due to the happening of some unforeseen circumstances which were beyond the control or calculation of the parties involved. When such a contract becomes entirely impossible without the fault of the parties, the contract gets dissolved by this doctrine. Assessing the relevance of the doctrine of frustration in determining the binding nature of contracts under the Indian Contract Act. The doctrine is relevant, when it is alleged that a change of circumstance or the alteration of the conditions, after the formation of the contract but before the conclusion of the contract, has rendered the fulfillment of the contract impossible, physically as well as commercially. The contracting parties may avoid the realm of uncertainties caused by any future event by inserting well-drafted and specifically defined provisions in the contract, such as a force majeure clause. The researcher has taken this topic to examine understanding the legal implication of agreements to perform impossible act and under how Doctrine of frustration as enshrined in Section 56 of the Indian Contract Act 1872.

Keywords – Agreement, Contracts, Doctrine of frustration, Impossible act, Mechanism.

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[1] Paradine v Jane [1647] EWHC KB J5

A COMPREHENSIVE OVERVIEW OF THE SECURITY COUNCIL AS THE PEACE KEEPING BODY OF UNITED NATIONS ORGANISATION

AUTHOR – MS. NUPUR SANJAKUMAR BORA, STUDENT AT DES’s SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – MS. NUPUR SANJAKUMAR BORA, A COMPREHENSIVE OVERVIEW OF THE SECURITY COUNCIL AS THE PEACE KEEPING BODY OF UNITED NATIONS ORGANISATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 103-108, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In the tumult of global strife, the United Nations Security Council emerges as a steadfast guardian of international peace and security, its origins dating back to the post-World War II era in 1945. Over time, it has evolved into a pivotal institution, employing diplomatic, economic, and, when necessary, military measures to uphold tranquillity amidst dynamic security landscapes. However, enduring challenges persist, including entrenched veto dynamics among its permanent members and resource constraints amidst emergent threats like terrorism and cyber warfare. Comprising fifteen member states, including five with veto power, the Security Council deliberates on conflicts, sanctions and peacekeeping missions worldwide, notwithstanding persistent criticisms. Central to its efficacy is the question: Does the Council’s structure and decision-making process impede or bolster its effectiveness in contemporary peacekeeping endeavours? One hypothesis suggests that the presence of veto power may exacerbate gridlock and inefficiency, hindering the Council’s agility in addressing evolving global threats and conflicts. Potential reforms to fortify the Council’s effectiveness include revaluating the veto power system to improve impasses, expanding membership for broader representation and enhancing transparency in decision-making. Strengthening collaboration with regional entities and expanding early intervention capacities emerge as strategies to enhance the Council’s role in global peacekeeping. This research endeavours to critically assess the Security Council’s effectiveness by examining its historical trajectory and decision-making mechanisms, particularly scrutinizing the implications of veto power. Through comprehensive case studies, the study aims to gauge the Council’s efficacy in resolving conflicts and sustaining international peace, offering insights into potential avenues for reform to bolster its capacity as a pivotal peacekeeping body on the world stage.

Key Words – Decision making process, Peace-making Body, United Nations Security Council, Veto Power, World War II.

“CONTRACTUAL LIABILITIES OF INSURANCE COMPANIES IN INDIA”

AUTHOR –  MR. SIDDHANT ADABE, LLM SCHOLAR AT D.E.S.’S  SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – MR. SIDDHANT ADABE, “CONTRACTUAL LIABILITIES OF INSURANCE COMPANIES IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 94-102, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

(Catchy Opening Line) Insurance and the liabilities that come with it. (History) Following independence, the Life Insurance Corporation Act of 1956 and the General Insurance Business (Nationalization) Act of 1972 were established to nationalize India’s life insurance and general insurance industries. On the proposal of the Malhotra Committee, the insurance sector was opened to private insurance organizations in the latter decade of the previous century. (Present Status) The privatization, both public and private sector firms is permitted to operate under the supervision of the Insurance Regulatory and Development Authority of India (IRDAI), which was constituted under the IRDAI Act of 1999. The insurance industry’s liberalization, privatization, and globalization have resulted in much more fierce competition and rapid expansion. This expansion requires the establishment of an effective legal framework to regulate, promote, and assure the smooth growth of the insurance industry in India. (Short Explanation) Insurance is a type of risk management that is principally used to protect against the risk of a contingent and unpredictable loss. Insurance is defined as the transfer of a reasonable risk of loss from one organization to another for a consideration. It is a safeguard against financial loss as a result of an unanticipated event. (Research Problem) Examining the Impact of Liberalization on the Indian Insurance Industry and Identifying the Need for Further Reforms. (Hypothesis) While liberalization has spurred competition, challenges persist; further reforms enhance the industry’s effectiveness and sustainability. (Possible Reform) Introduction of Comprehensive Regulatory Measures to Enhance Efficiency and Consumer Protection in the Evolving Landscape of the Indian Insurance Industry. (Aim and Objective) The research aims to assess the effects of liberalization on the Indian insurance industry and propose reforms for sustainable development and evaluate industry impact, identify challenges, and propose reforms and strengthen regulatory measures for enhanced efficiency and consumer protection.

Keywords – Financial Safeguard. Globalization, Liberalization, Privatization, Regulatory Framework,  Risk Management,

ANALYZING THE SYSTEMATIC BARRIERS INVOLVED IN IMPLEMENTATION OF OMBUDSMAN IN INDIA

AUTHOR – JOANNA EVANGELIN, STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, TARAMANI, CHENNAI

BEST CITATION – JOANNA EVANGELIN, ANALYZING THE SYSTEMATIC BARRIERS INVOLVED IN IMPLEMENTATION OF OMBUDSMAN IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 89-93, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper talks about the challenges that are involved in implementation of Ombudsman system in India. The Ombudsman system in India plays a critical role in ensuring transparency, accountability, and justice within public administration and various financial sectors. The Ombudsman has the authority to operate as an independent body where they  receive complaints from the public which entails issues such as poor management, corruption and complaints against government entities and other financial institutions including the banking as well as the insurance sector, the objective of the complaint mechanism is to facilitate a more efficient and cheaper system of grievance redressal,but this may not be possible because of  bureaucracy, public ignorance, resource scarcity and others.This paper seeks to explore such constraints by way of case studies & secondary data and study about the effects they have on the functioning of the Ombudsman system of india. This article has also looked into some potential reforms to help improve the ombudsman institutions and enhancement of the Ombudsman as a defender of the citizen’s rights.

Keywords: Ombudsman, India, grievance redressal, public administration, systemic barriers, Lokpal, accountability.

ADMINISTRATIVE LAW AND RIGHT TO INFORMATION (RTI)

AUTHOR –REVATHY.V, STUDENT AT DEPARTMENT OF BBA LLB (HON’S), THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, TARAMANI, CHENNAI

BEST CITATION – REVATHY.V, ADMINISTRATIVE LAW AND RIGHT TO INFORMATION (RTI), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 84-88, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The dynamic interplay between administrative law and the Right to Information (RTI) Act plays a crucial role in advancing transparency, accountability, and participatory governance in India. Administrative law regulates public authorities, ensuring compliance with principles of natural justice and fairness, while providing citizens avenues for redress against administrative overreach. However, opacity in administrative decisions creates a gap in public oversight. The RTI Act, enacted in 2005, empowers citizens to access government information, bridging this gap and enhancing democratic governance. Despite its transformative potential, challenges such as bureaucratic resistance and misuse of exemption clauses hinder RTI’s effectiveness. This study critically examines how administrative law and RTI can complement each other to promote good governance, identifying barriers to implementation and offering recommendations for improving transparency and accessibility in the RTI framework.

THE PSYCHOLOGICAL IMPACT OF ONLINE GAMING AND ITS LEGAL IMPLICATIONS

AUTHORS – THANESH N & JAIADITHYA K, STUDENTS SCHOOL OF EXCELLENCE IN LAW,THE TAMIL NADU DR.AMBEDKAR UNIVERSITY,TAMIL NADU

BEST CITATION – THANESH N & JAIADITHYA K, THE PSYCHOLOGICAL IMPACT OF ONLINE GAMING AND ITS LEGAL IMPLICATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 78-83, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTARCT

Nowadays online gaming has attained a glorious boom in India and it attracts persons of all age group especially the youth. The gaming disorder is termed as mental health disorder by The World Health Organization (WHO)[1]. in the eleventh revision to the International Classification of Diseases. Monetary rewards on winning the game attracts more humans to this platform. Gaming disorder leads to lack of control over the gaming is impaired, takes priority over the day to day activities, affects the interpersonal relationship, studies and occupation, negative consequences and so on. The online gaming elevated to a higher level due to the telecom companies offer data services at affordable prices. In recent past a huge number of cases have been held before the courts regarding the effects of online gaming such as mental health, economical loss, famous personalities endorsing these games, loss of life and more. Public Gambling Act 1867 and Information Technology Act 2000 regulates the online gaming platform in India. Online games of skill is considered to be judicial whereas game of chance is not judicial in India which creates the economical loss leading to mental disorders of the gamer. The Ministry of Electronics and IT has taken necessary steps to reduce the loopholes in the laws of online gaming, and to reduce the addiction, new directions have been made in April 2023. It is found that the number of online gamers1 have tremendously increased from 183 millions in 2017 to 491 million in 2024.This paper focuses on how the online game addiction makes the gamer to neglect everything in their lives which leads to psychological disorders and also the legal aspects to protect the gamer from mental trauma.

Keywords: Online gaming, Gamers, Psychological impacts ,Mental illness, Social issues, Legal aspects

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1https://www.statista.com/statistics/1064010/