PRESIDENTIAL VETO OVER LEGISLATION

Author – Hardik Gupta, NMIMS

Best Citation – Hardik Gupta, PRESIDENTIAL VETO OVER LEGISLATION, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 651-656, ISSN – 2583-2344.

ABSTRACT

The paper deals with the analysis of one of the discretionary powers of the President of India who is the nominal head of the government and the highest constitutional body in India. The power of vetoing over a bill passed by the legislature is dealt in this paper. Along with the discussion of this discretionary power, various types of veto powers are also studied in this paper and are compared to the veto powers with the Heads of different states. The comparison done gives a deeper and contextual understanding of the subject and is thus done in paper. The Presidential veto is not only available in matters of union legislature but are also available in the matters of state legislature if a particular bill has been kept for consideration of the President by  Governor of that state and thus, an analysis of this power is also done in this paper along with the politics that is played behind it.

LAW RELATED TO WITNESS PROTECTION IN INDIA

Author – Hardik Gupta, NMIMS

Best Citation – Hardik Gupta, LAW RELATED TO WITNESS PROTECTION IN INDIA, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 644-650, ISSN – 2583-2344.

ABSTRACT

The paper aims at giving an analysis of the condition of witnesses and the status of their security in the judicial process. The analysis will be based on various law commission report , article and court judgments based on which it will be seen that are there any special provision or laws provided for the protection of witness. The paper also aims at exploring another aspect of mental health of a witness after going through a tough judicial proceeding with reference to 154th law commission report. Various sections of Cr. P.C. and IPC will be too analysed as to see does these codes provide for any special procedure for witness protection or punishment for threatening a witness for giving false statement in the court.

SCHEME FOR JUDICIAL APPOINTMENTS IN INDIA AND COLLEGIUM SYSTEM: A CONSTITUTIONAL APPRAISAL

Authors – Dheeraj Kumar, Senior Research Fellow & PhD Research Scholar & Prof. (Dr.) Mahammad Sharif,  Principal, Patna Law College &Research Supervisor, Faculty of Law, Patna University, Patna

Best Citation – Dheeraj Kumar & Prof. (Dr.) Mahammad Sharif, SCHEME FOR JUDICIAL APPOINTMENTS IN INDIA AND COLLEGIUM SYSTEM: A CONSTITUTIONAL APPRAISAL, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 628-643, ISSN – 2583-2344.

Abstract

The Constitutional obligations of the judiciary place it on the most respectable and dignified position under the Indian Legal system, that has to be maintained at any cost, in order to uphold the faith and confidence of We the people. For that it has to consistently act in fair, equitable and transparent manner, at each and every stages of functioning in judicial as well as administrative capacity. In any system the output results depend upon the quality and nature of inputs given therein. The judicial system is not immune from such saying. Judicial appointments in India have been subjected to severe criticism on various occasions at various forums. It has been a matter of great concerns among legal and judicial fraternity as well as public at large, due to the existing system of appointments and manner of its functioning. Several legislative as well as judicial attempts have been made towards this aspect of judicial reform, but this continuous process continues till the existence of the institution, with a view to improve and strengthen it. In this backdrop the paper examines the Scheme for judicial appointments in various courts in India and relevancy, efficacy and efficiency of the collegium system in the light of constitutional vision and relevant provisions.

Keywords: Judicial Appointment, Collegium System, Judicial Independence, NJAC

EXPLORING THE FEASIBILITY OF ODR FOR FAMILY DISPUTES IN INDIA

Author – Anoosha S.Panwar, Ph.D.Research Scholar, National Law University, Delhi

Best Citation – Anoosha S.Panwar, EXPLORING THE FEASIBILITY OF ODR FOR FAMILY DISPUTES IN INDIA, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 614-627, ISSN – 2583-2344.

ABSTRACT

Technology has expanded its scope and reach to meet emerging societal needs. It is remolding several aspects of business, government, and social interaction from education to health care to commerce. The overall user dependency has also risen with the growth of the IT field in various avenues. The legal field is no exception in terms of adapting to the use of technology, especially during the exceptional times of the COVID-19 pandemic.

Globally, there has been a significant rise in marital conflicts since the onset of the pandemic which could be attributed to a variety of reasons as has been pointed out by family law experts and psychologists. The dispute resolution mechanism for family disputes has also portrayed an exponential level of pendency in matters before the family courts in India in the year 2021. This necessitated the use of technology to resolve family disputes, especially during the pandemic. The integration of technology while using ADR methods for settling such disputes seemed to be a more viable option.

Against this background, this paper sets to explore the use of ADR methods while resolving family disputes. The paper begins with an understanding of the use of ADR in family disputes and the ongoing problems in the same. Thereafter, the paper examines the emerging concept of the Online Dispute Resolution (ODR) method and its relevance in resolving family disputes. It also throws light on steps taken by India so far to adopt ODR in resolving various types of disputes at governmental and private levels. A part of the paper studies the developments taken in various foreign countries in adopting ODR to settle family disputes. Lastly, the paper has looked at the measures taken by India with regard to the use of ODR in settling family disputes. The paper concludes with steps to be taken by India to accelerate ODR in the field of family disputes.

Keywords: Alternative dispute resolution, Online dispute resolution

Tax Haven: Analysing Tax Avoidance in respect of Panama and Pandora Papers

Author – Sagnik Sarkar, Advocate (Graduated from National Law University, Odisha) at Bombay High Court.

Best Citation – Sagnik Sarkar, Tax Haven: Analysing Tax Avoidance in respect of Panama and Pandora Papers, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 597-613, ISSN – 2583-2344.

ABSTRACT

The idea of taxation is not a new one but rather an age-old concept that forms the basic component of governing and administrating a State.  Based on the Constitution of India, the central government has to power to impose a tax on both natural and legal persons. It is with the imposition of tax on the legal person that several complications arise. The imposition of tax on corporates is decided based on two principles; source principle and resident principle.

The problem arises when corporates evade tax obligations and undertake different tax evasion techniques which make the imposition of tax difficult irrespective of the principle the home country follows. The prime vehicle used for such evasion is through setting up a shell company in a tax haven country and routing all the income from the home country to a tax haven country, thus, masquerading national income into international income. In such a scenario, since the source of the income becomes difficult to track, it becomes difficult to prove that income has been generated from a corporation based in the home country.So, to address the issue, the paper shall first analyse the fundamentals of the international taxation regime, and what are the different methods of corporate tax avoidance. Thereafter, the paper shall examine the concept of a tax haven with the help of the OECD rules and corporate tax avoidance principles. Lastly, the paper shall contemplate two recent tax haven controversies and their international implications

STATE AND INDIVIDUAL AS SUBJECTS OF INTERNATIONAL LAW

Author – Aakriti Jaipuriar & Debapriya Biswas, Student at Amity Law School, Noida

Best Citation – Aakriti Jaipuriar & Debapriya Biswas, STATE AND INDIVIDUAL AS SUBJECTS OF INTERNATIONAL LAW, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 588-596, ISSN – 2583-2344.

ABSTRACT

International law, in all its essence, is a set of rules that helps to regulate the relations between nations at a global level; most of which, if not all, are mutually agreed upon by the nations themselves through treaties, conventions and seminars. However, while international law may look like it only deals with the nations, it not only affects the States but also the individuals in the said States as well as any organisation made at an international level by them; especially since the dawn of the era of the internet.

This paper focuses on the question of whether individuals, who are affected by international law just as a State, are considered a subject. How individuals gained their position as a subject of international law is also explored in detail along with a brief historical view of their position in the 1900s.

The paper also compares the position as well as rights and duties of a State to that of an individual, drawing a stark contrast in the disposition of both the subjects despite being theoretically treated equally and in similar power. Other ancillary facts and aspects of international law are also briefly discussed in the context of the respective subject. Lastly, the paper concludes with a critical analysis of the position of the State and individual as subjects of international law while drawing out a stark contrast between the weaknesses and strengths of each subject along with plausible solutions suggested in the conclusion.

FREEZE ON DELIMITATION: A STEP TOWARDS EQUALITY OR INEQUALITY?

Author – Samiksha Tripathi, Student of Lloyd School of Law

Best Citation – Samiksha Tripathi, FREEZE ON DELIMITATION: A STEP TOWARDS EQUALITY OR INEQUALITY?, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 583-587, ISSN – 2583-2344.

ABSTRACT

The whole structure of the democracy revolves around the doctrine of separation of power which upholds the goals of justice in its full magnitude. This gives independence to the legislature which has the power to amend the Constitution. It can be well very concluded that the Constitution framers were cognizant of the changing needs of the time and intended to create a balance between flexibility and rigidity by granting the power to amend under express provisions like Art.368. This power was even enlarged when ‘The Representation of the People Act, 1951’ (hereinafter RPA) empowered the government to promulgate laws for the purpose of the act i.e., representation of people and in pursuance to it bars the jurisdiction of courts in electoral matters. The question whether this power of legislature can abridge the power of judiciary remains a debatable issue. In this regard this article tends to critically analyse the principle of equality of representation in the legislative assembly by focusing upon the freeze on delimitation exercise by an amendment, the blanket ban on the jurisdiction of courts, the concept of judicial review under the basic structure doctrine, the process of computation of seats and the effects of the freeze on the fundamental rights of the people.

Keywords: Delimitation freeze, basic structure, separation of power, judicial review, blanket ban, doctrine of one-vote, one value, equality of representation.

Anvar P.V v. P.K. Basheer & Ors (2014 10 SCC 473) Section 65A and 65B- Admissibility of Electronic Records of Indian Evidence Act, 1872

Author- Sandra Jini Saju, Student at Christ Academy, Institute of Law, Bengaluru, Karnataka, India.

Best Citation – Sandra Jini Saju, Anvar P.V v. P.K. Basheer & Ors (2014 10 SCC 473) Section 65A and 65B- Admissibility of Electronic Records of Indian Evidence Act, 1872, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 579-782, ISSN – 2583-2344.

ABSTRACT

Section 65A and 65B of the Indian Evidence Act, 1872 engrafts the admissibility of electronic records. After the enactment of Information Technology Act, 2000, Section 65A and 65B were added to Chapter V of the Indian Evidence Act, to corroborate standards for admissibility and authentication of electronic evidence in the Courts as a documentary evidence. Before the enactment of Section 65A and 65B Courts followed the Sections 61-65 while considering the admissibility of electronic evidences. After the amendment in 2000 the issue regarding admissibility was raised foremost in State v. Mohd. Afzal^[1], 2003 in which Delhi High Court held that certification is not mandatory for admission of electronic evidence. Thenceforth in the landmark judgement of State (NCT of Delhi) v. Navjot Sandhu^[2], 2005 case court have substandard the admissibility criteria mentioned under Section 65B (4) that even if the requirements are not fulfilled electronic evidence can be admitted as a documentary evidence, which created an irregularity in the procedure of admission of electronic evidence. Anvar P.V v P.K Basheer^[3], 2014 curb the controversies to the admissibility of electronic evidences and tried to bring a uniform practice in admissibility requirements and mandated one particular method of practice. Through this paper researcher would be analysing the relevance of Section 65A and 65B for admissibility of electronic evidence through judicial pronouncements.

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[1] State v Mohd. Afzal, [2003] 107 DLT 385.

[2] State (NCT of Delhi) v Navjot Sandhu, [2005] 11 SCC 600.

[3] Anvar PV v PK Basheer [2014] 10 SCC 473.

INTERNET AND ITS IMPACT ON FREE SPEECH

Author – Parnika Rajesh, Student at Christ (Deemed to be University), Delhi NCR

Best Citation – Parnika Rajesh, INTERNET AND ITS IMPACT ON FREE SPEECH, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 573-578, ISSN – 2583-2344.

Abstract

Freedоm  оf  Sрeeсh  аnd  Exрressiоn  is  оne  оf  the  imроrtаnt  fundаmentаl  right  whiсh  is  guаrаnteed  by  the  Соnstitutiоn  оf  Indiа  under  Аrtiсle  19(1)  (а)    whiсh  stаtes  thаt  “аll  сitizens  shаll  hаve  the  right  tо  freedоm  оf  sрeeсh  аnd  exрressiоn”^[1].  The  рhilоsорhy  behind  this  Аrtiсle  lies  in  the  Рreаmble  оf  the  Соnstitutiоn-  that a solemn resolve is been made to secure the liberty of thought and expression of all its citizens. The  term  ‘freedоm  оf  sрeeсh  аnd  exрressiоn’  meаns  аny  асt  оf  seeking,  reсeiving  аnd  imраrting  infоrmаtiоn  оr  ideаs,  regаrdless  оf  the  medium  used. Nоw  with  the  grоwing  use  оf  internet  dаy  by  dаy,  it  gives  аn  unрreсedented  орроrtunity  fоr  the  freedоm  оf  sрeeсh.  Due to the diversity of the content and ease of its use, the internet has become controversial. The unrestricted flow of information has increased the need for content regulation that might potentially harm users. Additionally, these social media platforms need to have stricter regulatory policies to stop the flow of any misleading information.  The  рарer  lооks  intо  the  аsрeсt  thаt  how the internet has impacted the right to free speech and expression that is guaranteed by the constitution. It also looks into the aspect that internet, though having a strong public sphere, it should also receive the same level of protection as the right of expression receives in the physical world.

Keywords: Fundamental rights, Freedom of speech, information, internet

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[1] INDIA CONST. art 19(1) (a)

PUBLIC HEALTH AND LEGAL DIMENSIONS OF COVID-19 IN INDIA: AN ANALYSIS

Author – Dr. Sameera Khan, Aligarh Muslim University

Best Citation – Dr. Sameera Khan, PUBLIC HEALTH AND LEGAL DIMENSIONS OF COVID-19 IN INDIA:AN ANALYSIS, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 567-572, ISSN – 2583-2344.

Abstract

The Covid-19 Pandemic affected all spheres of life across the globe be it social, economic, political, and cultural. The Pandemic came without a warning and the unpreparedness of the states around the globe was exposed. The legislative provisions to tackle the Pandemic were also found to be inadequate since they were outdated and enacted without envisioning a Pandemic of such a large scale. The provisions invoked by the Government were the 160 years old Indian Penal Code, 1860, the 123 years old Epidemic Diseases Act, 1897 and specific sections of Disaster Management Act, 2005. The execution of these laws was inadequate in controlling the spread of the virus. In order to provide a quick redressal, the Epidemic Diseases (Amendment) Ordinance, 2020 was also promulgated by the President. The vulnerability of the public health system in the face of the Pandemic was exposed. The aim of the paper is to examine the response of the Government to the Covid-19 Pandemic using legislative and constitutional provisions. It aims to identify the gap in existing legislation and the grey areas in the statutory provisions. The author further suggests recommendations for the amendment of current legislation.

Keywords: Covid-19, Pandemic, Public Health, Legal Dimensions, Epidemic Diseases Act, 1897, Disaster Management Act, 2005.