SECURITIZATION STRUCTURES AND FINANCIAL STABILITY

AUTHOR – SWASTI PANDEY, STUDENT AT NALSAR UNIVERSITY OF LAW, HYDERABAD, TELANGANA

BEST CITATION – SWASTI PANDEY, SECURITIZATION STRUCTURES AND FINANCIAL STABILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 886-895, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I897

Abstract

Securitization has traditionally acted as a vehicle that distributes credit risk and facilitates balance sheet efficiency in the financial system. In India, securitization has been institutionalized by the SARFAESI Act of 2002, which is based on the transfer of financial assets to asset reconstruction companies. The asset transfer approach helps to align ownership, enforcement, and investment interests, hence promoting transparency and financial stability.

Synthetic securitization, on the other hand, refers to another type of credit risk transfer in which the underlying exposures stay on the balance sheet of the originating entity but the credit risks are transferred using derivatives like credit default swaps. Though synthetic securitizations have been extensively used in several advanced financial markets to improve capital efficiency and diversify risks, there are certain issues concerning complexity, lack of transparency, and capital arbitrage involved in such transactions.

The current paper evaluates the institutional and regulatory status of synthetic securitization from the perspective of financial stability in the Indian financial sector. Synthetic securitization is not part of statutory securitization since the former lacks an asset transfer element, thus making synthetic securitization a form of prudential regulation by the Reserve Bank of India that is skeptical about derivatives-based forms of credit risk transfer.

Through an analysis of the differentiating features between traditional securitization and synthetic securitization, economic logic of securitization, and risks to financial stability from both traditional securitization and synthetic securitization, the current paper seeks to establish that there is a deliberate bias in the Indian legal regime against synthetic securitization in favor of traditional securitization.

Key Words: Securitization, synthetic, RBI, SARFAESI Act, credit default swap.

WOMEN’S RIGHTS AS HUMAN RIGHTS: A CRITICAL ANALYSIS OF GENDER JUSTICE IN INDIA

AUTHOR – SAYANA JOHNSON, LL.M STUDENT AT BHARATA MATA SCHOOL OF LEGAL STUDIES, ALUVA, KERALA, INDIA

BEST CITATION – SAYANA JOHNSON, WOMEN’S RIGHTS AS HUMAN RIGHTS: A CRITICAL ANALYSIS OF GENDER JUSTICE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 881-885, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I896

ABSTRACT:

Women’s rights are an integral part of human rights and are essential for ensuring equality, dignity, and justice in society. In India, the concept of gender justice is reflected in constitutional principles, legislative measures, and judicial interpretations aimed at protecting women from discrimination and violence. The Constitution guarantees equality before law and prohibits discrimination on the basis of sex under Articles 14, 15, and 21. Various laws, including the Protection of Women from Domestic Violence Act, 2005 and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, have been enacted to safeguard women’s rights and promote gender equality.

Despite these legal protections, women in India continue to face social discrimination, violence, workplace inequality, and limited access to justice. This article critically examines the concept of gender justice in India by analysing constitutional provisions, legal frameworks, and contemporary challenges affecting women. It highlights the gap between legal guarantees and social realities and emphasizes the need for effective implementation of laws, gender sensitization, and social reform. The study concludes that true gender justice can be achieved only through both legal protection and societal transformation.

Keywords: Women’s Rights, Human Rights, Gender Justice, Gender Equality

HUMAN RIGHTS OF THE CHILDREN OF WOMEN PRISONERS: A SOCIO-LEGAL STUDY WITH SPECIAL REFERENCE TO THE STATE OF HARYANA

AUTHOR – VIPUL* & PURNIMA TYAGI**

* STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

BEST CITATION – VIPUL & PURNIMA TYAGI, HUMAN RIGHTS OF THE CHILDREN OF WOMEN PRISONERS: A SOCIO-LEGAL STUDY WITH SPECIAL REFERENCE TO THE STATE OF HARYANA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 874-880, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The children born to or residing with incarcerated mothers represent one of the most disadvantaged and underserved constituencies in the criminal justice ecosystem. This paper endeavours to conduct an all-encompassing socio-legal investigation of the human rights of the children of women prisoners, chiefly the prisons and the socio-legal milieu of the State of Haryana in India. Using the United Nations Convention on the Rights of the Child (UNCRC, 1989), the Bangkok Rules 2010, the constitutional framework of India and relevant statutes such as the Prisons Act, 1894, Juvenile Justice (care and protection of children) Act, 2015 and Model Prison Manual, 2016, the study finds these children experience a wide range of rights violations from right to identity, education, health, right not to be discriminated and right to family. The writer integrates observations made during an empirical study of certain district jails in Haryana and a secondary jurisprudential analysis to show the glaring gaps in implementation of policy, infrastructure and legal protection. The research offers tips for legislative reform, institutional accountability, child-centred approaches to prison administration.

Keywords: Children of prisoners, women in prison, human rights, Haryana prisons, UNCRC, Bangkok Rules, child welfare, prison reforms, juvenile justice, India.

GOOD OFFICES AS A SOFT POWER TOOL: BALANCING SOVEREIGNTY, NEUTRALITY AND JUSTICE IN ADR

AUTHOR – DR. SONIKA AHLAWA, ASSISTANT PROFESSOR, DEPARTMENT OF LEGAL STUDIES, TRINITY INSTITUTE OF PROFESSIONAL STUDIES, DWARKA, NEW DELHI

BEST CITATION – DR. SONIKA AHLAWA, GOOD OFFICES AS A SOFT POWER TOOL: BALANCING SOVEREIGNTY, NEUTRALITY AND JUSTICE IN ADR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 867-873, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I894

ABSTRACT

The concept of Good Offices occupies a unique and often understated position within the spectrum of Alternative Dispute Resolution (ADR). Historically rooted in diplomatic traditions, it embodies the subtle exercise of influence without coercion—an expression of soft power that seeks to reconcile conflicting interests while preserving sovereignty, neutrality, and justice. This article critically examines Good Offices as a soft power instrument in both interstate and non-state dispute contexts. It explores how third parties, including states, international organisations, and eminent individuals, leverage moral authority and institutional credibility to create conducive environments for negotiation and peacebuilding. Through a comparative analysis of case studies—from the United Nations’ mediation practices to regional mechanisms in the ASEAN and African Union frameworks—the study evaluates the operational limits and ethical challenges inherent in balancing neutrality and advocacy. The paper further argues that the effectiveness of Good Offices depends not only on diplomatic skill but also on the perception of impartiality and procedural fairness. Ultimately, it proposes a reconceptualisation of Good Offices as a dynamic ADR mechanism that integrates principles of justice and legitimacy within contemporary conflict resolution architecture.

Keywords: Good Offices, soft power, alternative dispute resolution, neutrality, sovereignty, justice, diplomacy, mediation.

INVISIBLE CONSUMERS, VISIBLE CONSEQUENCES: POWER AND ETHICAL CHALLENGES IN MARKET INTERACTIONS IN INDIA

AUTHOR – VIJAY KUMAR, ASSISTANT PROFESSOR AT HAMDARD INSTITUTE OF LEGAL STUDIES AND RESEARCH, JAMIA HAMDARD, NEW DELHI

BEST CITATION – VIJAY KUMAR, INVISIBLE CONSUMERS, VISIBLE CONSEQUENCES: POWER AND ETHICAL CHALLENGES IN MARKET INTERACTIONS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 854-866, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I893

Abstract

This research offers a complete analysis of the intricate relationship between power and ethics within market transactions where there are invisible consumers in India. The term ‘invisible consumers’ includes marginalized communities like rural communities, informal sector employees, people living below poverty line, and socially marginalized communities. These communities are neglected by the society because of socio-economic differences, illiteracy, remote location, and lack of protection against exploitation, resulting in their invisibility in the consumer market. This study investigates how structural power imbalances manifest through information asymmetry, economic vulnerabilities, and the dominant role of intermediaries, leading to exploitative practices such as misleading marketing, substandard products, and insufficient access to grievance redressal mechanisms. Furthermore, this research highlights emerging ethical concerns exacerbated by digital transformation, including data privacy violations and algorithmic biases that disproportionately affect digitally marginalized consumers. Through qualitative analysis of secondary data, case studies, and policy frameworks, this paper elucidates the tangible socio-economic consequences of consumer invisibility, including increased poverty, health risks, social exclusion, and erosion of trust in market institutions. The findings underscore the critical need for multidimensional interventions encompassing enhanced consumer education tailored to diverse linguistic and cultural contexts, strengthened regulatory enforcement with a focus on informal and rural markets, proactive corporate social responsibility initiatives, and inclusive digital literacy programs. By advocating a holistic, multi-sectoral approach, this study aims to inform policymakers, businesses, and civil society of effective strategies to empower invisible consumers, promote ethical market practices, and foster equitable economic participation, thereby contributing to sustainable and inclusive development in India’s rapidly evolving consumer landscape. The results highlight the vital importance of comprehensive intervention measures that include better consumer education targeted at different linguistic and cultural settings, stricter regulations, especially for informal and rural areas, corporate social responsibility programs, and digital literacy programs. This study seeks to contribute by proposing an integrated strategy that includes all sectors of society, thus informing policy makers, companies, and non-government organizations about appropriate measures for empowering invisible consumers and ensuring ethical business practices.

Keywords: Invisible consumers, power asymmetry, ethical challenges, market interactions, consumer protection, India, corporate social responsibility, regulatory enforcement, informal economy, digital inclusion.

HUMAN RIGHTS DIMENSIONS OF WORKPLACE SURVEILLANCE IN THE GIG ECONOMY: APP-BASED WORKER MONITORING, PRIVACY AND LABOUR RIGHTS

AUTHOR – ISHA JAIN, STUDENT AT BHARATI VIDYAPEETH UNIVERSITY, PUNE

BEST CITATION – ISHA JAIN, HUMAN RIGHTS DIMENSIONS OF WORKPLACE SURVEILLANCE IN THE GIG ECONOMY: APP-BASED WORKER MONITORING, PRIVACY AND LABOUR RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 848-853, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The emergence of the gig economy has transformed labour relations by introducing algorithmic governance systems embedded within what Shoshana Zuboff terms “surveillance capitalism,” where data extraction becomes central to economic value creation. Digital labour platforms monitor workers through GPS tracking, behavioural analytics, biometric verification and automated performance systems. While such technologies enhance efficiency and market responsiveness, they also raise serious concerns regarding privacy, dignity, labour rights and democratic accountability. This article examines the human rights implications of workplace surveillance in the gig economy by analysing international human rights instruments, constitutional jurisprudence and comparative labour law developments. It argues that excessive surveillance creates asymmetrical power structures that undermine informational autonomy and weaken collective labour protections. The article further evaluates the adequacy of existing legal frameworks in India, the European Union and the United States and proposes a rights-based regulatory framework grounded in transparency, proportionality and worker participation.

Keywords: Workplace surveillance, gig economy, worker monitoring, privacy, labour rights

FEDERAL FORM WITHOUT FEDERAL SUBSTANCE: ANALYZING THE GST COUNCIL AS A CONSTITUTIONAL INSTITUTION OF COOPERATIVE FEDERALISM IN INDIA

AUTHOR – HRADYESH CHATURVEDI, RESEARCH SCHOLAR AT SCHOOL OF LAW, JIWAJI UNIVERSITY, GWALIOR

BEST CITATION – HRADYESH CHATURVEDI, FEDERAL FORM WITHOUT FEDERAL SUBSTANCE: ANALYZING THE GST COUNCIL AS A CONSTITUTIONAL INSTITUTION OF COOPERATIVE FEDERALISM IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 842-847, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Can an institution be constitutionally federal in its design, Yet functionally unitary in its operation? This cushion arises at the. Part of any serious scholarly engagement in the GST Council, the body that was introduced to India in 2016 as the institution embodiment of cooperative federalism and has since then become the primary structure within which the relationship between the Union and its constituent states is negotiated, contested and ultimately determined. The 101^st Constitution Amendment inserted Article 279A into the Constitution which created the GST Council as a joint deliberative forum for the Centre and the states. In doing this, it appeared to inaugurate a new era of structural federal partnership in fiscal governance, where appearances, however, can be constitutionally deceptive.

This paper argues that the GST council despite its federal vocabulary and constitutional pedigree operates in an as an institution that systematically privileges the Centre dominance over genuine state participation and efficiency of the states. Its voting architecture, institutional dependencies, agenda setting mechanisms, and decision-making culture collectively produces several outcomes which reflect central preferences far more faithfully than they reflect the federal bargain the Council was actually created to honour. Drawing upon such constitutional law, political economy and judicial pronouncements, this paper examines the GST councils as an institution and exposes the widening gap which exist between its federal form and its unitary substance.

In pursuing this argument, this paper engages with four specific research questions. First, Does the constitutional design of the GST Council genuinely reflect the principle? Of cooperative federalism or does it merely simulate them? Second, how does the voting architecture of the Council entrench central dominance and reduce states to peripheral participants in fiscal decision-making? 3^rd What does the political economy of central state bargaining within the GST Council reveal about the real distribution of powers in Indias fiscal federal framework? 4^th and last have judicial interventions, particularly the Supreme Court’s landmark ruling and Union of India versus Mohit Minerals Pvt. Ltd. (2022), Meaningfully corrected the federal imbalances within the GST Council, or merely have acknowledged them?

ONE NATION, ONE ELECTION: CONSTITUTIONAL FEASIBILITY, FEDERAL CHALLENGES, AND THE PATH TO ELECTORAL SYNCHRONISATION IN INDIA

AUTHOR – VISHWARAJ BAHADUR SINGH, BA LLB (HONS.), SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY), PUNE LAVASA

BEST CITATION – VISHWARAJ BAHADUR SINGH, ONE NATION, ONE ELECTION: CONSTITUTIONAL FEASIBILITY, FEDERAL CHALLENGES, AND THE PATH TO ELECTORAL SYNCHRONISATION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 832-841, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I890

ABSTRACT

India’s electoral framework has long been characterised by a perpetually fragmented electoral calendar that imposes substantial fiscal, administrative, and governance costs upon the nation’s federal democratic structure. The proposal for One Nation One Election (ONOE) — the simultaneous conduct of elections to the Lok Sabha and all State Legislative Assemblies — represents the most ambitious electoral reform proposed since the synchronised elections of 1952–1967. The Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, introduced on the recommendations of the High-Level Committee chaired by former President Ram Nath Kovind, has renewed legislative urgency around the question of whether simultaneous elections are constitutionally permissible and institutionally viable within India’s parliamentary federal democracy. This paper undertakes a doctrinal legal analysis of ONOE’s constitutional foundations, examines the rationale for and against electoral synchronisation, draws upon comparative international experiences from South Africa, Sweden, Belgium, Indonesia, Germany, and the Philippines, and critically evaluates the constitutional, federal, administrative, and democratic challenges to implementation. The paper concludes that while ONOE carries genuine administrative and fiscal merit, its implementation requires a carefully calibrated framework of constitutional amendments, state ratification, institutional reform, and political consensus — and that a phased, federally sensitive transition model represents the only constitutionally defensible path forward.

Keywords: One Nation One Election; simultaneous elections; basic structure doctrine; federalism; Election Commission of India; constitutional amendment; Article 368; Model Code of Conduct.

THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA: A STUDY

AUTHOR – POOJA, ASSISTANT PROFESSOR OF LAW AT KCC INSTITUTE OF LEGAL & HIGHER EDUCATION, GREATER NOIDA, INDIA.

BEST CITATION – POOJA, THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA: A STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 821-832, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I889

Abstract:

Rwanda Criminal Tribunal is also referred as “The International Criminal Tribunal for Rwanda.” The International Criminal Tribunal for Rwanda (ICTR) is having the authority to bring charges against those who violate international humanitarian law on Rwandan soil and against Rwandan nationals who violate the same standard on neighboring states. The meaning of ‘genocide’ along with the various phases of genocide has been discussed in the paper. The current paper also emphasizes on the establishment and mandate of ICTR. The reflection on the composition as well as jurisdiction of ICTR has been analyzed. In great detail, the jurisdiction types of International Criminal Tribunal for Rwanda have also been explained. Further, the landmark cases related with ICTR has been elucidated following the jurisprudential role played by the International Criminal Tribunal for Rwanda has been illustrated. The tribunal has suffered various failures which has impaired its ability for providing justice and those failure has been discussed in the paper. It is stated that prosecution of those purportedly accountable for the Rwandan Genocide in 1994 is the aim of this tribunal.

Keywords: Genocide, humanitarian, Rwanda, Tribunal

LEGAL FRAMEWORK AND JUDICIAL APPROACH ON FEMALE GENITAL MUTILATION & CHILD MARRIAGE

AUTHOR – ADITI BHOWMIK, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – ADITI BHOWMIK, LEGAL FRAMEWORK AND JUDICIAL APPROACH ON FEMALE GENITAL MUTILATION & CHILD MARRIAGE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 812-820, APIS – 3920 – 0001 & ISSN – 2583-2344.

In India, historically, there have been several instances where child marriages were common practices due to their cultural significance, as they could also be a way to create alliances within families and deal with socio-economic difficulties. Nonetheless, due to increased sensitization regarding the rights of women and the negative consequences associated with these actions, there have been amendments in the Indian legal system that would discourage child marriages. ^[1]Initially, the Child Marriage Restraint Act was passed in 1929, which sought to address child marriages within the Indian society. ^[2]Further amendments were also made in 1978, increasing the age of marriage from 15 to 18 years old for females. In like manner, FGM is another practice that has received little recognition in India due to the medical and human rights issues involved with it. It can be argued that the lack of any legislative prohibition against the practice of FGM points to a major deficiency in the laws of the nation. As per the provisions of the Indian Penal Code (IPC), there exists no law criminalizing the act of FGM. Due to its culturally-oriented nature, it becomes difficult for courts to reconcile between law and culture regarding the issue of FGM.

Through scholarly studies, it has been shown that any effective legal system is required to have both punitive and preventive components. The scholars have emphasized the need to alter the paradigm from focusing on criminalization alone to adopting a more comprehensive approach that involves both community involvement and education. This is a point made by women activists, who advocate the need to have social movements as part of the reforms, and such a movement will help alter society’s attitude towards the practices, especially female genital mutilation (FGM), and early marriages. Another important consideration in terms of legal analysis regarding female genital mutilation and child marriages in India pertains to the process of interpretation by the judiciary and enforcing any applicable laws. ^[3]The judicial branch is an institution that significantly contributes to determining the standards within society. In this sense, despite the numerous judgments regarding various forms of sexual abuse and child rights, there have been no explicit decisions taken by the Supreme Court on the matters of FGM and child marriage. ^[4]As a result, the silence on issues of such nature is likely to continue because of cultural considerations and unwillingness to interfere in issues pertaining to human rights violations. Also, the enforcement of the law is hindered due to some structural problems, where there is no professional knowledge among the law enforcement officers on gender violence. Reports show that incidents of child marriage have been turned down or resolved informally because law enforcement officers tend to be hesitant about engaging themselves with the intricacies of these practices. Moreover, judicial delays and inefficiencies make the population skeptical about taking legal recourse for their complaints, which makes it difficult to report any crimes^[5].

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[1] Ministry of Women and Child Development, India (2023), Policies to Prevent Child Marriage.

[2] Government of India, Child Marriage Restraint Act, 1929 and Amendment Act, 1978.

[3] Seervai, H.M. (2018), Constitutional Law and Judicial Interpretation in India.

[4] Supreme Court of India Records (2024), Gender Justice and Child Rights Cases.

[5] National Judicial Data Grid (2024), Judicial Delay and Access to Justice in India.