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FROM TERRITORIALITY   TO PORTABILITY: A CRITICAL EVALUATION OF UNIVERSAL REGISTRATION UNDER SOCIAL SECURITY CODE, 2020

AUTHOR – S. NATHIJA, STUDENT AT THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – S. NATHIJA, FROM TERRITORIALITY   TO PORTABILITY: A CRITICAL EVALUATION OF UNIVERSAL REGISTRATION UNDER SOCIAL SECURITY CODE, 2020, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 1062-1066, APIS – 3920 – 0001 & ISSN – 2583-2344

I.Abstract:

The Code on Social Security, 2020, represents a major reform in India’s labour welfare system by consolidating nine existing social security legislations into a single comprehensive framework. The primary objective of the Code is to expand social security coverage to all categories of workers, including those in the organised, unorganised, gig, and platform sectors. By integrating multiple laws into a unified structure, the Code aims to simplify compliance, strengthen institutional mechanisms, and ensure wider access to benefits such as provident fund, insurance, gratuity, pension, and maternity benefits. A key feature of the Code is the introduction of universal registration of workers, particularly those in the unorganised sector.Portability ensures that workers, especially migrant and gig workers who frequently change employment or location, can continue to access their social security entitlements without losing accumulated benefits. This approach reflects the changing nature of labour markets and the increasing mobility of the workforce. However, despite its progressive objectives, the implementation of universal registration raises certain concerns. Therefore, while the Code on Social Security, 2020 marks a significant step toward inclusive and portable social protection, its success ultimately depends on effective implementation, technological accessibility, and strong institutional coordination to ensure that benefits truly reach all segments of the workforce.

II.Keywords:

Universal Registration,Social Security Coverage,Portability of Benefits, e-shram portal, Aadhaar based identification

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PRECARIOUS INTERVALS: RETHINKING LABOUR RIGHTS FOR INDIA’S FIXED-TERM EMPLOYEES

AUTHOR – THANUSH TRIVIKRAM N & LARA ST

STUDENTS AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – THANUSH TRIVIKRAM N & LARA ST, PRECARIOUS INTERVALS: RETHINKING LABOUR RIGHTS FOR INDIA’S FIXED-TERM EMPLOYEES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 1051-1061, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I497

ABSTRACT

Fixed-term employment is increasingly common in India, offering flexibility to employers but leaving workers exposed during the intervals between contracts. In these periods, workers often lack wages, benefits, social security, and continuity of service, creating a zone of vulnerability that is largely ignored by existing labour laws. This paper examines the legal, social, and economic consequences of such temporal gaps and introduces the concept of “inter-contract vulnerability” to describe this overlooked form of precarity.

Through a combination of doctrinal analysis and comparative study of international labour standards, the paper explores how current laws fail to recognize the ongoing economic dependence of workers even when a formal contract has lapsed. It argues for the legal acknowledgment of inter-contract periods as a transitional employment phase, with protections such as continuity of social security contributions, wage safeguards, and safeguards against arbitrary non-renewal.

By highlighting this structural gap, the study contributes to labour law scholarship and policy discourse, advocating a shift from a strictly contract-based model of protection to one grounded in the continuity of worker dependence, thereby ensuring that temporary workers are not left Fixed-term employment

KEY WORDS: Inter-contract vulnerability, Labour protection, Worker precarity, Between contracts.

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TO WHAT EXTENT DOES THE PRESENT STATUTORY CONCEPT OF ‘OCCUPIER’ UNDER THE FACTORIES ACT, 1948 EFFECTIVELY ENSURE CORPORATE CRIMINAL LIABILITY IN CASE OF INDUSTRIAL ACCIDENTS?

AUTHOR – VISWANATHAN.P, STUDENT AT TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – VISWANATHAN.P, TO WHAT EXTENT DOES THE PRESENT STATUTORY CONCEPT OF ‘OCCUPIER’ UNDER THE FACTORIES ACT, 1948 EFFECTIVELY ENSURE CORPORATE CRIMINAL LIABILITY IN CASE OF INDUSTRIAL ACCIDENTS?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 1031-1050, APIS – 3920 – 0001 & ISSN – 2583-2344

1. Introduction

Industrial development has been one of the most significant drivers of economic growth in modern societies, particularly in a developing country like India. With the expansion of manufacturing industries, factories have become central to employment generation and production. However, this rapid industrialization has also brought with it serious challenges, especially in relation to worker safety, occupational health, and industrial accidents. Instances of factory mishaps, ranging from minor injuries to major industrial disasters, have highlighted the urgent need for a strong legal framework to regulate working conditions and fix accountability.

In this context, the Factories Act, 1948 was enacted as a comprehensive piece of social welfare legislation aimed at ensuring the health, safety, and welfare of workers employed in factories. The Act imposes a range of statutory duties on those who are responsible for the management and control of factories. Among its many provisions, one of the most crucial and debated concepts is that of the “Occupier”, defined under Section 2(n) of the Act. The occupier is regarded as the person who has ultimate control over the affairs of the factory, and therefore, is held primarily responsible for ensuring compliance with the provisions of the Act.

The importance of the concept of occupier becomes particularly evident when dealing with cases of industrial accidents and violations of safety standards. Since a company, being a juristic person, cannot be physically punished in the same manner as an individual, the law identifies a natural person—namely, the occupier—who can be held criminally liable. This mechanism serves as a bridge between corporate functioning and criminal accountability, ensuring that responsibility does not remain diffused within the complex structure of a corporate entity.

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BASEL IV IMPLICATION IN INDIA

AUTHOR – ANSHUMAN KAR, STUDENT AT KIIT SCHOOL OF LAW

BEST CITATION – ANSHUMAN KAR, BASEL IV IMPLICATION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 1024-1030, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I495

Abstract

The Basel IV framework, a casual industry nomenclature to the 2017 full implementation of the Basel III reforms, is the biggest change in the global banking regulation since the 2008 financial crisis. Although, the main aim of Basel Committee on Banking Supervision (BCBS) was to decrease the excessive volatility in Risk-Weighted Assets (RWA) and make the capital ratings of banks credible again, the introduction of these finalized standards have experienced special structural and legal opposition in the Indian context. The current research article explores the complex factors that led to the gradual, and in many cases, slow implementation of Basel IV standards in India. This research paper assesses the conflict between international regulatory convergence and national economic priorities by conducting a qualitative analysis of the Banking regulation Act, 1949, and the Reserve bank of India Act, 1934. This paper states that the so-called Output Floor, the highlight of Basel IV that restricts the capital-saving qualities of internal risk models, presents a unique threat to Indian Public Sector Banks (PSBs). The institutions, which already have been out of a 10-year span of Non-Performing Assets (NPAs) and aggressive recapitalization, have received a capital tax that might unwillingly suffocate the flow of credit to important sectors like Infrastructure and Micro, Small, and Medium Enterprises (MSMEs). Moreover, the study emphasizes the role of the Reserve Bank of India (RBI), which is not only a passive recipient of international norms, but also a proactive, so-called, macro-prudential architect. The RBI has chosen to implement in a gradual implementation roadmap by using its statutory powers under Section 21 and Section 35A of the Banking Regulation Act, emphasising on a concept of Regulatory Smoothing, rather than direct compliance. It is concluded in this paper that though India is adamant about Basel framework to retain its world credit rating, the non-implementation so far was an orchestrated defensive move aimed at saving the domestic credit cycle of the pro-cyclicality of standardized international risk weights. The results imply that in the case of an emerging economy such as India, the Basel IV is a fine balancing act between the goal of attaining global “Gold Standard” and the goal of making capital requirements a stumbling block to sovereign economic development.

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COMPARATIVE STUDY OF CORPORATE CRIMINAL LIABILITY IN INDIA, UNITED KINGDOM, AND UNITED STATES

AUTHOR – SHUBHANGI ARYA* & DR. ASHISH SINGHAL**

* LL.M. STUDENT AT ICFAI, DEHRADUN

** PROFESSOR AT ICFAI, DEHRADUN

BEST CITATION – SHUBHANGI ARYA & DR. ASHISH SINGHAL, COMPARATIVE STUDY OF CORPORATE CRIMINAL LIABILITY IN INDIA, UNITED KINGDOM, AND UNITED STATES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 1013-1023, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The idea of corporate criminal liability (CGL) has been employed to develop a point of focus in regulating corporate malpractices in the modern legal systems that have been characterized by globalisation, technology and complex systems of organisation. In the past criminal law was restricted to natural persons only whereby it is founded on the requirement to have mens rea, which is the intent to be guilty. Corporations are legal persons and they were believed to have no capacity to cultivate such intention. However as the years went by this perception of the old fashioned has been eroded by the increasing realization that corporations are run by people whose actions can be attributed to the organization. The paper gives a comparison study detailing the Indian, United Kingdom and the United States criminal liability on corporates. It explores the conceptual premises of corporate liability such as identification, vicarious liability and corporate culture model. The paper also examines the evolution of the law within such jurisdictions in regard to statutes and landmark court cases.[1]

The US possesses a broad and enforcement-based paradigm based on respondeat superior and the United Kingdom has long adhered to the doctrine of restrictive identification but is moving towards the lean of failure to prevent framework. Having adopted the common law tradition, India has developed its structure primarily through the judicial interpretation, yet, it is not able to enforce it and the clarity of the doctrines. The paper will critically evaluate these strategies and propose a hybrid scheme in integrating the attribution approach, the organizational fault approach and the compliance based liability as a way of facilitating the effectiveness of corporate accountability.[2]


[1] Arlen, J. (2012). Corporate criminal liability: Theory and evidence. Research Handbook on the Economics of Criminal Law, 144–203.

[2] U.S. Department of Justice. (2020). Justice manual: Principles of federal prosecution of business organizations.

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“GOODS AND SERVICES TAX (GST) IN INDIA: AN ANALYTICAL STUDY OF RECENT SLAB CHANGES AND THEIR IMPACT”

AUTHOR – MS. ANILA KURIAN, AMITY LAW SCHOOL, NOIDA

BEST CITATION – MS. ANILA KURIAN, “GOODS AND SERVICES TAX (GST) IN INDIA: AN ANALYTICAL STUDY OF RECENT SLAB CHANGES AND THEIR IMPACT”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 1002-1012, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The implementation of the Goods and Services Tax (GST) on July 1, 2017, India saw a significant transition from the convoluted indirect tax structure to a more uniform and efficient one. GST sought to end cascading taxation, improve transparency, facilitate commercial dealings, and establish a one national market by combining every state and federal indirect taxes into a one tax system. This paper offers a thorough analysis of the development, objectives, and social, administrative, and economic impacts of GST since its introduction. The latest slab modifications implemented in 2025, which streamlined the system into major tax rates of 5% and 16% with a higher rate of 40% for luxury and indulgence goods, receive particular attention. By intensifying the duty base and bolstering compliance through the Input Tax Credit system and digital tax administration, the GST has also greatly aided in the formalization of the Indian economy, according to the report. The study looks at how these shifts impact government earnings, small and medium-sized businesses, pricing, and consumer spending. The study examines the advantages and difficulties of achieving fiscal stability and effective compliance using more than one method that incorporates both primary and secondary data. The outcomes are expected to contribute to ongoing discussions regarding the refinement of Indian Incidental duty structure and the promotion of balanced fiscal evolution.

KEYWORD

Goods and Service Tax, Indirect Tax Reform, Fiscal Policy, Slab, Compliance

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AN CRITICAL ANALYSIS ON RECIDIVISM IN AMERICAN PRISON COMPARISON WITH INDIA

AUTHOR – BINO BALA B* & MS. HEMAVATHY D**

* STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TNDALU, CHENNAI

** PROFESSOR AT SCHOOL OF EXCELLENCE IN LAW, TNDALU, CHENNAI

BEST CITATION – BINO BALA B & MS. HEMAVATHY D, AN CRITICAL ANALYSIS ON RECIDIVISM IN AMERICAN PRISON COMPARISON WITH INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 985-1001, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT:

Recidivism is a tendency to lapse into a previous pattern of behavior, especially a pattern of criminal habits. Many courts are now utilizing drug and alcohol treatment programs to reduce the recidivism rate of offenders who commit drug or alcohol related crimes. Recidivism is often used to identify the success of a specific institutional program. The objectives of this research is To analyze the recidivism in American prison comparison with India, To examine the causes for recidivism in India and To describe programs that work to reduce recidivism in India. Empirical Research is used for the purpose of the study. The methodology used by the researcher is a convenience sampling method to collect samples. The sources used are primary sources such as questionnaires , surveys and secondary sources such as books and journals. The total sample size collected through questions is 200. The independent variable used such as age, gender, marital status and education qualification. The dependent variable used causes for recidivism, programs to reduce recidivism, risk factors for recidivism. The statistics tools used by the researcher are chi square tests and frequency table , Independent sample test and Anova test. The research concluded that just social conditions must be provided. Everything in the social environment must be carefully looked after in order to insure the best development of the individual and to prevent his environment from being in any way a drawback to him.

KEYWORDS: Recidivism, peer influence, prisoners, heinous crime, offence

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A SOCIO LEGAL STUDY ON MINIMUM WAGES FOR AGRICULTURAL LABOUR IN TAMILNADU WITH SPECIAL REFERENCE TO CHENNAI

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

BEST CITATION – RAJESWARI. R, A SOCIO LEGAL STUDY ON MINIMUM WAGES FOR AGRICULTURAL LABOUR IN TAMILNADU WITH SPECIAL REFERENCE TO CHENNAI, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 967-984, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT :

The introduction is about the issue of minimum wages for agricultural labourers in Tamil Nadu, with special reference to the Chennai region and its surrounding rural areas. Agricultural workers play a vital role in the economy, yet many of them continue to face unfair wage practices, lack of proper contracts, and exploitation. Despite legal provisions, a large number of workers do not receive the minimum wages guaranteed by law. This research aims to examine the wage conditions of agricultural labourers, assess the role of government authorities, and analyse the implementation of wage-related laws and policies in ensuring justice for workers.The aim of this study is to explore the socio-legal aspects of minimum wages for agricultural labourers, especially in the context of Chennai, and to understand the ground realities faced by workers. The objectives include determining the main challenges in receiving fair wages, evaluating workers’ awareness of their wage rights, analysing the role of government inspections, and identifying wage discrimination based on gender and caste.The methodology used here empirical research method , samples have been collected using a convenient sampling method and  total of 203 samples have been collected for the study. The sample frame taken here is of public areas in and around Chennai. The findings reveal that many workers are unaware of their legal rights, are afraid to demand fair wages, and suffer from caste and gender discrimination. Government monitoring is found to be weak. The conclusion highlights the urgent need for stronger legal enforcement, regular inspections, awareness campaigns, and support systems to protect agricultural workers’ rights and promote wage justice in Tamil Nadu.

KEYWORDS : Minimum wage regulations,Agricultural labor,Labor rights, Economic impact,Fair wage,unfair wage..

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RIGHT TO EMERGENCY PROTECTIONS OF MEDICAL AID IN CHILDREN’S HEALTH TREATMENT IN RURAL AREAS IN INDIA

AUTHOR – YADAIAH.J, ASSISTANT PROFESSOR OF LAW, BHASKARA LAW COLLEGE OSEMANIA UNIVERSITY

BEST CITATION – YADAIAH.J, RIGHT TO EMERGENCY PROTECTIONS OF MEDICAL AID IN CHILDREN’S HEALTH TREATMENT IN RURAL AREAS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 960-966, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I490

ABSTRACT

Children in rural areas have a fundamental right to receive emergency medical treatment guarded under Article 21 of India’s Constitution, commonly referred to as the Right to Life. Children residing in rural areas possess a fundamental right to receive emergency medical care, as enshrined in Article 21 of the Indian Constitution, widely recognized as the Right to Life. This provision mandates that no child should be denied immediate medical attention due to financial constraints or inability to pay. Healthcare institutions bear a consequential responsibility to deliver prompt assistance without delay. Concurrently, the government is tasked with ensuring equitable access to comprehensive healthcare services for all individuals, with particular emphasis on vulnerable populations such as children, despite the array of structural and logistical challenges inherent to rural settings.

 India’s commitment to the United Nations Convention on the Rights of the Child underscores this obligation; however, existing resource allocations and strategic interventions have often proven insufficient to comprehensively address the health disparities faced by children in these areas. To genuinely uphold the health rights of children, it is imperative to move beyond mere provision of aid towards instituting a rights-based framework that emphasizes entitlements and accountability. Central to this framework are health and education, both pivotal in ensuring children’s survival and development.

Specifically, from birth, a child holds the right to survival, immunization, and adequate nutrition; in early childhood, the focus expands to managing risks such as infection and malnutrition. Realizing these rights necessitates fully operational healthcare systems, robust program implementation, and transparent accountability mechanisms at all governance levels. It is essential that all children have access to critical medical treatments without financial burden, while simultaneously enhancing health awareness among economically disadvantaged populations.

Keywords: UN Convention on the Rights of the Child, Right to health for children, Basic health care, Health knowledge.

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THE RIGHT TO BE FORGOTTEN: A COMPARATIVE ANALYSIS OF EU AND INDIA’S APPROACH

AUTHOR – ROSHNI AGARWAL, STUDENT AT AMITY UNIVERSITY

BEST CITATION – ROSHNI AGARWAL, THE RIGHT TO BE FORGOTTEN: A COMPARATIVE ANALYSIS OF EU AND INDIA’S APPROACH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 949-959, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The rapid expansion of digital technologies and the internet has fundamentally transformed the way personal information is created, stored, and disseminated. In this evolving digital ecosystem, the concept of the RTBF has emerged as a critical component of informational privacy, enabling individuals to seek erasure or restriction of access to personal data that is no longer necessary, relevant, or accurate. This dissertation examines the legal foundations, scope, and challenges associated with the RTBF, with a particular focus on the Indian legal framework in comparison with international developments.

The study traces the evolution of the right to privacy in India, culminating in its recognition as a fundamental right under Article 21 of the Constitution by the Supreme Court in the landmark judgment of Justice K.S. Puttaswamy v. Union of India. Building upon this constitutional foundation, the research explores how Indian courts have gradually engaged with RTBF claims, particularly in cases involving digital records, reputational harm, and the accessibility of judicial decisions through online platforms.

A comparative analysis is undertaken with the European Union’s robust data protection regime, especially the General Data Protection Regulation, which explicitly recognizes the right to erasure. The dissertation critically evaluates the applicability of such a framework in India, considering the enactment of the Digital Personal Data Protection Act, 2023, and its implications for balancing individual privacy with competing interests such as freedom of expression, public access to information, and judicial transparency.

Furthermore, the study highlights the technological and practical challenges in implementing RTBF, including issues of data replication, search engine indexing, and jurisdictional limitations. It also examines the tension between the permanence of judicial records and the need to protect individual dignity and autonomy in the digital age.

The dissertation concludes that while India has made significant strides in recognizing privacy rights, the operationalization of RTBF remains fragmented and evolving. It underscores the need for a coherent legal framework, clear judicial guidelines, and technological accountability to ensure an effective balance between privacy rights and the broader public interest.

Keywords: Right to Be Forgotten, Right to Privacy, Data Protection, General Data Protection Regulation, Article 21, Data Erasure, European Union