DEBATE OF JUDICIAL REVIEW ON DELEGATED LEGISLATION IN INDIA: A CRITICAL ANALYSIS

AUTHOR – NAVEEN KUMAR M, STUDENTS AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – NAVEEN KUMAR M, A STUDY ON MIGRANTS AND THEIR HUMAN RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 372-374, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The increasing engagement of the judiciary within the realms of constitutional democracy in India has triggered debates on the issue of judicial review over subordinate legislation. Subordinate or secondary legislation refers to various secondary statutes legislated by the executive on behalf of the primary laws enacted by the legislature. It is important in the practice of administration to tackle certain details on matters like public health, the environment and labor law. Still, excessive delegation especially to the executive branch raises some red flags which the courts seek to settle through the ultra vires doctrine, which ensures that the delegated legislation conforms to the provisions of the enabling statute that is the primary law.

Issues of excessive delegation, tension in the non-delegation doctrine and practical necessity, and other nations ongoing problem of adequate control while avoiding judicial overreach are still prevalent to date. Courts have set some landmark decisions that have greatly limited the scope of delegating power, examples include the Re Delhi Laws Act case in 1951 and Hamdard Dawakhana v Union of India 1960. In the end, Indian judicial review does not subserve the principles of good governance, executive action and respect for the Constitution and other laws in the country. Delegated legislatures are necessary in ensuring that the lawmakers’ intent is followed without violation of the fundamental rights that are more often than not taken by the state in the name of efficiency. There rests the challenge that the courts must balance so that they do not enter into the sphere of making policy for the executive.

A STUDY ON MIGRANTS AND THEIR HUMAN RIGHTS

AUTHOR – R. MADHUMITHA, STUDENTS AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – R. MADHUMITHA, A STUDY ON MIGRANTS AND THEIR HUMAN RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 367-370, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The study delves into the connection between migrants and their human rights. Migrants are individuals who leave their home countries in search of opportunities such as education, employment, or to reunite with family. International human rights law, such as the UDHR (Universal Declaration of Human Rights) and the International Convention for the Protection of the Rights of All Migrant Workers and Members of Their Families, advocates for the rights of migrants. However, the enforcement of these laws and policies varies widely across the world due to economic, social, and political factors. This research aims to provide insight into the identity of migrants, the reasons for their migration, and the challenges they face, while also exploring their legal rights. The study evaluates the human rights framework that applies to migrants, highlights the gaps in policy implementation, and emphasizes the need for policies that respect and protect the rights of migrants. Ultimately, it recommends that governments strive to strike a balance between the human rights of migrants and the development of policies.

Keywords: Migrants, human rights, legal framework, Migration, Movement.

A STUDY ON INEFFECTIVENESS IN ADMINISTRATION SPECIFICALLY TOWARDS CYBERCRIME AND SOCIAL MEDIA

AUTHOR – K.RANJITH, STUDENTS AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – K.RANJITH, A STUDY ON INEFFECTIVENESS IN ADMINISTRATION SPECIFICALLY TOWARDS CYBERCRIME AND SOCIAL MEDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 360-366, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

This study approaches the ineffective administration in cybercrimes and social media. There are many cyber-crimes are occurring in the present world. It is because of the expansion of technological development, increase in internet usage and administrative incapability in processing a law towards it. The administration is facing difficulties in preventing the population from cybercrime towards legally. Cybercrime includes all type of internet scams and frauds. In absence of strengthened legal administration, makes the criminals to approach the population easily. There should be a strong administrative control to protect the population. Even though there are numerous sections, acts, policies, control mechanisms it is difficult to reduce the crimes in India. A country like India, which has largest population in the world, it is difficult to control but it is the duty of administrative bodies to take proper legal actions to control. A qualitative legal approach was applied in the research to accomplish a research objective. Data are collected from secondary (articles, books, publications, magazines) sources. According to the sources, India has many acts, policies and frameworks to control and prevent the cybercriminals in approaching the population. The implementations are poor and it is not enough for cybersecurity and to compete with cybercrimes. The Indian government is repeatedly formulating policies, improving laws, and finding the steps to reduce the crimes. But the India is facing cyber-attacks regularly. To prevent them, the government should improve technically and technologically. The technology can be destroyed only through technology.

Keywords: Social media, Cybercrime, IT act, administrative incapability, Legal frameworks.

ANALYSIS ON THE INTER- STATE WATER DISPUTES

AUTHOR – K.L. SUBARANJANA, STUDENTS AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – K.L. SUBARANJANA, ANALYSIS ON THE INTER- STATE WATER DISPUTES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 356-359, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Water is the needed source for all purposes in the world. There are certain steps that is need to be taken to preserve and consume for the future. In today’s generation the water is a medium which creates many problems and disputes in the society. This article says about the current and the past disputes among the countries related to water. These disputes needs to be solved to develop a friendly relationship among the countries. This article helps you to give a better understanding about the political scam regarding water that is being in practice since years. this article highlights the disputes which are already being solved by the government of Tamil Nadu. It also explains about the flaws that are associated with the Tamil Nadu government regarding the issues related to water. This article explains about the procedure that needs to be carried out for solving the disputes related to the water. there are certain constitutional provisions that are being formed by the framers of the constitution related to the water disputes in the society. there are certain agreements which are made that helped for solving the interstate water disputes. Water scarcity is the main problem that is prevailing in the society which needs to be prevented for the betterment of the future.

ANALYSIS ON THE ADMINISTRATIVE RELATIONS BETWEEN THE UNION AND THE STATES

AUTHOR – M. LAKSHMIRAJ & YESWANTH P.G, STUDENTS AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – M. LAKSHMIRAJ & YESWANTH P.G, ANALYSIS ON THE ADMINISTRATIVE RELATIONS BETWEEN THE UNION AND THE STATES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 352-355, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Government of India is a federal system of Government which consist of a dual government such as the Union Government and the State Government .Union Government refers to the activities of the union and the State Government refers to the activities of the State. The Union Government has a dominant control over the State Government. This article shows about the constitutional provisions that are made by the framers of the constitution for ensuring the smooth and perfect functioning of the administrative branch of the Government. This article gives you a knowledge about  the functions that are performed jointly by the Union and State Government. This article determines which is superior and dominant Union or State Government. This article says about the powers of the Union and the State Government.  This article says about how the executive power is exchanged between the union and the state.  This article states that whether any communications are made between the Union and the State and the information that needs to be communicated or not and the acts that are performed in respect of that communication.

AN ANALYSIS ON INTER-STATE WATER TRIBUNALS

AUTHOR – MAANASHA K, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – MAANASHA K, AN ANALYSIS ON INTER-STATE WATER TRIBUNALS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 348-351, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

                              The Constitution of India has given all the necessary powers to govern the water resources and to resolve disputes that arise in the use, control and distribution of inter-state rivers. Since the constitution talks only about the provisions relating to sharing and managing the resources between states and adjudication of disputes, the great deal since the independence of India is to flesh out the provisions of constitution and to implement its provision. However, these were not adequate giving rise to disputes at the central level as well as between two or more states and consequent politicisation of disputes. This article look beyond the proportional distribution of water among the stakeholders, including farmers, industries, local governments. This article deals with the national water tribunal with is essential in balancing developmental needs with ecological preservation. This tribunal adjudicates cases relating to agricultural, industrial, domestic and environmental matters. The purpose of water tribunal is generally to ensure that water resources are managed in a sustainable, fair and equitable way while taking into account the interests of all stakeholders involved. The national water tribunal is a quasi-judicial body which is specialised in resolving disputes arising related to water resources, allocation, and management. The major disputes on water resources is mainly due to population growth, industrialisation, and climate change and additionally due to conflicts over water rights, its usage and environmental impact which becomes more frequent and complex. This article discusses about the functions, significance, and challenges of the national water tribunal in maintaining water justice and promoting environmental sustainability.

IMPACT OF GLOBALISATION IN ADMINISTRATIVE LAW

AUTHOR – YAZHINI.M, SCHOOL OF EXCELLENCE IN LAW, TNDALU, CHENNAI

BEST CITATION – YAZHINI.M, IMPACT OF GLOBALISATION IN ADMINISTRATIVE LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 342-347, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The paper analyses the influence of globalization on the development of administrative law and its main process of regulation harmonization in international trade. Issues and opportunities, which bring out the view of reconciliation on state sovereignty, democratic accountability, economic efficiency with local policy preferences, are appreciated by this study as the new vision in the framework of administrative law reconciling international cooperation with democratic legitimacy and regulatory diversity. It suggests strategies by which agencies might fruitfully participate in global governance while holding onto local needs and values.

PRIVACY AS A FUNDAMENTAL RIGHT: CONJUGAL RIGHTS VIOLATING PERSONAL AUTONOMY IN INDIA

AUTHOR – MS. RISHIKA BAHRI, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA

BEST CITATION – MS. RISHIKA BAHRI, PRIVACY AS A FUNDAMENTAL RIGHT: CONJUGAL RIGHTS VIOLATING PERSONAL AUTONOMY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 336-341, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Marriage is an important and sacred institution, especially in a culturally and religiously diverse country like India. It has always been stated that after marriage, husband and wife become one not for just this but for many upcoming lives as well in Hindu Law. Marriage imposes certain marital duties under all matrimonial laws and gives certain legal rights as well. But due to modernization and an open-minded society, this right that forces the partner to live with the other is raising questions. How can courts, which promise to protect the three pillars that are justice, equality, and conscience, decide a ruling for a person who is already on the verge of breakdown to return to the place of their abuse. In today’s world full of competition- career, and comfort are given more importance than forced conjugal associations.

Restitution of conjugal rights also intervenes in the private lives of people as it pushes married couples to stay under one shelter even after they have emotionally detached. Privacy is not only about data and information protection but the right to privacy is an intrinsic part of the right to life and personal liberty under the Constitution of India, 1950. Fundamental rights are available to everyone be the citizen is married or not, so, forcing people to stay together who do not share a liking infringes on their fundamental life. Hence, this research paper delves into the intricate relationship between conjugal rights and individual autonomy within the context of privacy in India. While these provisions were conceived with the intention of fostering healthy relationships, the research highlights how they can inadvertently intrude into the private sphere of individuals.

KEYWORDS – Conjugal Rights, Individual Autonomy, Privacy Rights, Constitutional Jurisprudence, Right to Privacy

THE CONSTITUTIONAL VALIDITY OF NCC ACT, 1948

AUTHOR – JANANI, STUDENT AT THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY CHENNAI

BEST CITATION – JANANI, THE CONSTITUTIONAL VALIDITY OF NCC ACT, 1948, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 333-335, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The National Cadet Corps (NCC) Act 1948, is a legislative enactment that governs the functioning of the NCC in India. The constitutional validity of the act is a topic of debate where some experts disagree that the act do not infringe upon the fundamental rights The main argument was that the ncs, uniform restricts the fundamental right of the citizen in the Freedom of Speech and Expression which comes under article 19 of the Indian Constitution. And also a good strength of people argue that the hard training sections in NCC is a violation of article 21 it, Right To Life And Personal Liberty. This article covers the various principles of ncc, along with its court held judgements on constitutional validity of the NCC act.

NAVIGATING MEDIA FREEDOM AND INTELLECTUAL PROPERTY RIGHTS IN THE DIGITAL ERA

AUTHOR – ISHA DEVESHWAR & MADHUR TIWARI, STUDENT AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – ISHA DEVESHWAR & MADHUR TIWARI, NAVIGATING MEDIA FREEDOM AND INTELLECTUAL PROPERTY RIGHTS IN THE DIGITAL ERA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 326-332, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In the digital era, the interplay between media freedom and intellectual property rights presents a complex legal and ethical challenge. While media organizations rely on the freedom of expression to report news and create content, intellectual property laws protect creators’ rights to control the use and distribution of their work. As digital platforms proliferate, the ease of sharing and replicating content has heightened the tension between these two areas. This project explores the evolving legal landscape that governs media freedom and intellectual property, particularly in the context of copyright infringement, content licensing, and fair use. It also examines the ethical implications for media organizations when balancing public interest with respect for creators’ rights.

The analysis covers significant case studies that highlight the conflict between the right to report and the need to protect intellectual property, such as the use of copyrighted images, video content, and music in media production. Additionally, the role of digital platforms like YouTube, social media, and streaming services in facilitating content sharing is examined, as they often serve as battlegrounds for intellectual property disputes. This project emphasizes the importance of finding a balance that upholds both the principles of free expression and the protection of intellectual property in the rapidly evolving digital age.

Keywords: Media freedom, intellectual property, digital era, copyright, legal ethics