ONE NATION ONE ELECTION – IN INDIA

AUTHOR – JANADHARSHNI SHANMUGAM, STUDENT AT SATHYABAMA INSTITUTE OF SCIENCE AND TECHNOLOGY (DEEMED TO BE UNIVERSITY)

BEST CITATION – JANADHARSHNI SHANMUGAM, ONE NATION ONE ELECTION – IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1023-1027, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT:

                          The concept of one nation one election means to hold the election together to all the three tiers of Indian government are Lok Sabha, state assemblies, and local bodies. And the one nation one election is not new to our country. It was practiced till 1967 but after the dissolution of the fourth Lok Shaba election, the elections got separated. Then at the time of 2018 august the law commission of India released its draft report on one nation one election. It became more controversial all over the country. The law commission of India mentions that our nation spends more than 4500 crores for both Lok Sabha and legislative assemblies’ election. Not only the money there is a greater number of human resources also invested for each and every election. And our nation is in the election mode for the whole year, this one nation one election can save India from the election mode for the whole year. Also, the one nation one election can give the new structure to the Indian election system. In 1999 itself the law Commision of India, mentioned about the simultaneous election to both Lok Sabha and state legislative assemblies in there 170th report to save the resources and to ensure the effective governance. The NITI Aayog gives advice to the government with about one nation one election, it will solve the frequent elections disruption. This paper talks about what are the advantages and disadvantages of the one nation one election to the people and the government. 

KEY WORDS: History of simultaneous election, Federalism in Indian context, Importance of one nation one election, Lok Sabha, State assemblies

ARTICLE 21 – ITS SCOPE AND EXPANSIVENESS

AUTHOR – SHRIYA JAISWAL, STUDENT AT SANWALDAS SADANLAL KHANNA GIRLS’ DEGREE COLLEGE, PRAYAGRAJ

BEST CITATION – SHRIYA JAISWAL, ARTICLE 21 – ITS SCOPE AND EXPANSIVENESS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1008-1022, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Indian Constitution’s Article 21, which protects the rights to life and personal liberty, is thoroughly examined in this research, “The Expansive Scope of Article 21: Right to Life and Personal Liberty in India.” The research follows the development of these essential rights across time, looking at how they were first formulated in ancient Indian philosophy, how they changed under colonial control, and how they were finally incorporated into the post-independence constitutional framework. 

The study emphasizes how crucial the Indian courts have been in interpreting and extending the reach of Article 21. The Supreme Court of India has expanded the meaning of life and personal liberty via significant rulings to cover a number of aspects, including the right to privacy, the right to a dignified existence, the right to a means of subsistence, and the right to a clean environment. These judicial interpretations have significantly enhanced the protection and realization of fundamental human rights in India.

Critical perspectives on the judicial interpretations of Article 21 are explored, addressing concerns of judicial overreach, inconsistencies in judgments, and challenges in implementation. The project also identifies potential areas for further judicial and legislative development, including the need for stronger data protection laws, environmental regulations, and protections for vulnerable groups.

The project provides recommendations to enhance the protection of rights under Article 21. These include strengthening legal aid services, increasing public awareness, undertaking judicial reforms, enacting clear and comprehensive legislation, and establishing robust monitoring and accountability mechanisms. By examining the expansive scope of Article 21, this project underscores its significance as a cornerstone of fundamental rights in India. It highlights the need for continuous efforts to ensure that the right to life and personal liberty is effectively protected and realized, thereby upholding the principles of justice, equality, and human dignity.

INTER-COUNTRY FINANCIAL TRANSACTIONS THROUGH BLOCKCHAIN WITH REFERENCE TO BELT AND ROAD INITIATIVE OF CHINA

AUTHOR – TWINKLE HUSSAIN*, SYED SHIRAZ FAZAL** & KAJUL SHARMA*, ASSISTANT PROFESSORS FROM ASIAN LAW COLLEGE* AND LLOYD LAW COLLEGE**

BEST CITATION – TWINKLE HUSSAIN, SYED SHIRAZ FAZAL & KAJUL SHARMA, INTER-COUNTRY FINANCIAL TRANSACTIONS THROUGH BLOCKCHAIN WITH REFERENCE TO BELT AND ROAD INITIATIVE OF CHINA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 997-1007, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Cross-border financial transactions are expected to rise quickly due to increased globalization and international trade, particularly within the Eurasian region. Such transactions today face a number of difficulties, ranging from varied legal and compliance systems to delayed payment systems and disparate technical standards.^[1]

On the other end, China’s Belt and Road Initiative (BRI) aims to create trade routes with the goal of promoting economic growth and global trade throughout Asia and beyond. The project covers more than 60 nations, a large portion of which are in Asia, Europe, and Africa. The adoption of cross-border blockchain financial transactions under the BRI offers a major chance to improve financial activities’ efficiency, security, and transparency because of its broad scope.^[2]

Blockchain technology has the potential to address these issues by providing a practical replacement for the established procedures used in international financial transactions. The author, through this article makes an attempt to highlight the intricacies and legal issues that might possibly be there in the radar of blockchain transactions. Numerous experimental projects are under underway that aim to use this technology to a variety of domains, including as settlements, clearing, and remittances and the author makes and attempt to highlight a few. Few studies, nonetheless, have given careful thought to how this technology ought to be governed within the framework of the BRI. One of the first comprehensive examinations of the ways in which rules and legislation can get implemented to enable cross-border payments through blockchain in the BRI will be dealt with in this article.

Keywords: Blockchain, Inter-Country Transactions, BRI, Trade Routes, Legal Implications, International Trades, Security, Transparency.

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[1] N Rolland, China’s Eurasian Century? Political and Strategic Implications of the Belt and Road Initiative, National Bureau of Asian Research2017, 32.

[2] T Cripps, Flow of Cross-border Payments Needs Better Pipelines, Business Times(22 November 2019).

LABOUR WELFARE CONCEPT AND INDIAN CONSTITUTION: A STUDY

AUTHOR – PALAK AGRAWAL, STUDENT AT MANIPAL UNIVERSITY JAIPUR

BEST CITATION – PALAK AGRAWAL, LABOUR WELFARE CONCEPT AND INDIAN CONSTITUTION: A STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 990-996, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Many labour laws have been passed in India in an effort to improve working conditions while taking the growth of the country’s industry and economy into consideration. However, the sector’s partners must take care of their individual flaws in order for the industry to regenerate. Since independence, laws and public opinion have significantly improved working conditions for employees; sadly, employers have not really responded. The research of labour welfare practices in India is the subject of this essay. The current scenario is also included, and the study concludes with a conclusion. The three main goals of this paper are as follows: first, it will examine the concept, necessity, and extent of current Indian labour welfare practices. scenario with particular reference to Indian labour laws, research on the many organizations that oversee labour welfare practices in India, and finally, the study’s conclusion. The importance and reach of labour welfare practices have been emphasized. The goal is to illustrate how Indian labour laws and labour welfare practices are related. Additionally, it is hoped to be shown how labour welfare practices support the development of positive working relationships. This research study concludes by discussing the numerous aspects of work related to labour welfare and Indian labour laws.

KEYWORDS – Indian Labour Laws, Industrial Regeneration, Labour Legislation, Labour Welfare Practices

COMPARISON BETWEEN COMPETITION LAW IN TANZANIA AND COMPETITION LAW IN INDIA

AUTHOR – SYLVIA ELLADIUS TESHA, STUDENT AT CT UNIVERSITY

BEST CITATION – SYLVIA ELLADIUS TESHA, COMPARISON BETWEEN COMPETITION LAW IN TANZANIA AND COMPETITION LAW IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 984-989, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

In the different economies of the world, companies or markets have laws or rules governing them in order to facilitate healthy competition, creativity and innovation in such countries by various firms. In order to encourage innovation, between companies all are provided a fair ground for which they can indulge in business and also ensuring the welfare of the nations citizens is protected. So, both countries India and Tanzania have enacted regulations to promote fair competition and ensure economic development the nations, and help curb all anti-competitive agreements, abuse of dominant position. In this essay we shall divulge in the various enactments made regarding competition regulation in such nations and a brief history as to how such competition policies came to come about.

EDUCATIONAL OPPORTUNITIES FOR WOMEN PRISONERS: BENEFITS AND BARRIERS

AUTHOR – MS. KUHELI MITRA** & DR. RAJVARDHAN**,

*PHD (LAW) RESEARCH SCHOLAR, SCHOOL OF LAW & JURISPRUDENCE, SHRI VENKATESHWARA UNIVERSITY, GAJRAULA, U.P.

**ASSISTANT PROFESSOR, SCHOOL OF LAW & JURISPRUDENCE, SHRI VENKATESHWARA UNIVERSITY, GAJRAULA, U.P

BEST CITATION – MS. KUHELI MITRA & DR. RAJVARDHAN, EDUCATIONAL OPPORTUNITIES FOR WOMEN PRISONERS: BENEFITS AND BARRIERS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 979-983, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Education serves as a critical tool for personal development and societal reintegration, especially for incarcerated women who face unique challenges. This paper explores the transformative potential of educational programs within women’s prisons, emphasizing the multifaceted benefits such as reduced recidivism, enhanced employment prospects, and improved mental health. Despite these advantages, women prisoners encounter significant barriers to accessing education, including institutional constraints, gender-specific challenges, and societal stigmatization. Through a review of existing literature and successful case studies like the Bard Prison Initiative and the Goucher Prison Education Partnership, this paper underscores the necessity of tailored educational programs and increased support to overcome these barriers. Policy recommendations include increased funding, gender-responsive educational initiatives, and collaboration with external institutions to ensure comprehensive and equitable access to education for incarcerated women.

Keywords: Women prisoners, Correctional education, Rehabilitation, Gender-responsive programs, recidivism.

APPELLATE MECHANISM FOR THE WHISTLEBLOWERS

AUTHOR – SAKSHI KUMARI, STUDENT AT CHANAKYA NATIONAL LAW UNIVERSITY

BEST CITATION – SAKSHI KUMARI, APPELLATE MECHANISM FOR THE WHISTLEBLOWERS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 975-978, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

With a pursuit to enable transparency and accountability in the governance machinery, the Right to Information was given statutory recognition in order to enable access to pertinent information to the common citizenry, which is otherwise exclusively available to government agencies. Right to know being the intersection of the statutory as well as constitutional realm, alarms imperative redressal and restitution of grievances in the form of acquisition and dissemination of information by government entities, in consonance with Articles 14, 19, and 21 of the Constitution of India along with sections 18, 19 and 20 of the Right to Information Act. Correspondingly, the legislature envisioned establishment of the Information Commissions for extinguishing the heightened responsibility on the government authorities. The research article attempts to comprehend the legislative intent to some extent and the relevant provisions that account for the institution of complaints and the appellate procedure outlined under the framework of the Right to Information Act in order to ensure the ideals of participative and inclusive democracy. The article accomplishes its objectives through the non-doctrinal method by elaborating on the existing legislative recourse available to the aggrieved, who is disenchanted by refusal or non-compliance to the sought requests for specific information. The data revealed by CHRI suggests that a nominal percentage of the populace constitutes the user base of the RTI Act. Glaringly, by the end of the discussion, the article sought to familiarize the readers by delving deeper into the procedural aspects of filing applications and appeals under the wider ambit of the Right to Information Act 2005.

KEYWORDS: Appellate, Transparency, Governance, Accountability, Information, RTI Act

EVOLUTION OF THE DOCTRINE OF SEPARATION OF POWER AND JUDICIARY AS A SEPARATE BRANCH

AUTHOR – DR AVINASH BHAGI, ASSOCIATE PROFESSOR OF LAW, GUJARAT NATIONAL LAW UNIVERSITY, GANDHINAGAR, GUJARAT, INDIA

BEST CITATION – DR AVINASH BHAGI, EVOLUTION OF THE DOCTRINE OF SEPARATION OF POWER AND JUDICIARY AS A SEPARATE BRANCH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 963-974, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The ultimate objective of a Constitution of a democratic republican country is to make the government a limited government ensuring the rights of its citizens by establishing a rule of law. The doctrine of separation of powers has played a significant role in achieving this objective. In fact, it becomes an inseparable part of a Constitution of any Nation. The scheme of all Constitutions of the world are based upon this doctrine. However, the meaning, scope and application of this doctrine is not the same in all the Constitutions and it differs from country to country as a result of which a lot of confusion is attached to the meaning and application of the doctrine. This is due to the historical reasons and the combination of different theories attached to the doctrine. Due to this confusion and lack of any precise meaning, the questions have been raised from time to time with regard to the significance as well as the practical utility of this doctrine. Therefore, study of the evolution of this doctrine is essential to understand the true meaning of the doctrine of separation of powers and its significance in the contemporary world. This paper carries out the detailed study of the history of the doctrine of separation of powers and traces out the evolution of the doctrine with an objective to understand its meaning in true perspective. The paper further demonstrates the evolution of the three organs of the governments, more importantly, the evolution of the judiciary as a separate branch, which in fact is one of the most important contributions of the doctrine of separation of powers.

VICTIM BLAMING AS A FORM OF RAPE CULTURE: A HINDRANCE TO A WOMAN’S AUTONOMY

AUTHOR – NILANJANA GHOSH & ISHANI AFRIN, STUDENTS AT SISTER NIVEDITA UNIVERSITY

BEST CITATION – NILANJANA GHOSH & ISHANI AFRIN, VICTIM BLAMING AS A FORM OF RAPE CULTURE: A HINDRANCE TO A WOMAN’S AUTONOMY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 953-962, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This legal journal argues that victim blaming constitutes a core tenet of rape culture, posing a significant hindrance to woman’s autonomy and access to justice. It examines the legal implications of victim blaming, exploring its impact on reporting rates, evidentiary values. This article also explores why it is absolutely necessary to break the myth that rape occurs because of some inconsistent behavioral patterns among women. Victim blaming has somehow become a general mindset among both the general public and the educated professionals. This article attempts to analyse the reason behind such a mindset thereby establishing a theory of victim-perpetrator attribution. The link between rape culture, victim blaming and criminal justice system is studied and substantial solutions are discussed in this article. It further analyses how sex workers also fall within the ambit of victim blaming.Keywords- rape culture, victim blaming, perpetrator, criminal justice system.

NEP 2020 POLICY: A BETTER APPROACH THAN 1950

AUTHOR – NAVDEEP SINGH, STUDENT AT NATIONAL DEGREE COLLEGE/PUNJAB UNIVERSITY

BEST CITATION – NAVDEEP SINGH, NEP 2020 POLICY: A BETTER APPROACH THAN 1950, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 949-952, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The change in government’s behavior towards education is a change in the right direction. From May 1950 to 2020 it’s evident. However, the goals that it has taken would take some years to show the desirable effects. This article talks about the role of government in the educational field through the limited perspective of NEP. And also, about the policy of selective upgrade that it pursued before and how it affected the current education and particularly law. Author also talks about other ways to push for strengthening the legal system and rules of the Bar Council of India that are not being taken seriously.