THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AND ITS IMPRINTS ON THE INDIAN LEGAL SYSTEM

AUTHOR – DON BENNY, STUDENT AT AMITY UNIVERSITY NOIDA

BEST CITATION – DON BENNY, THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AND ITS IMPRINTS ON THE INDIAN LEGAL SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 152-162, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/QOSO5401

Abstract

The Universal Declaration of Human Rights (UDHR), adopted in 1948, stands as one of humanity’s most profound achievements. Emerging from the devastation of World War II, it marked a global commitment to uphold dignity, equality, and justice for every individual. While the UDHR itself is not a legally binding treaty, its moral and philosophical authority has profoundly shaped modern constitutional democracies, including India. The framers of the Indian Constitution drew deeply from its principles while drafting the Fundamental Rights and Directive Principles of State Policy. This paper explores the historical development of the UDHR, its influence on the Indian legal system, and how its ideals have been realized through judicial interpretation and legislative evolution. It further examines specific areas women’s and children’s rights, religious freedom, education, and privacy demonstrating how the UDHR continues to inform India’s constitutional conscience in a rapidly changing world.

Keywords: Human rights, UDHR, Indian Constitution, equality, privacy, women’s rights, secularism, education.

COPYRIGHT ISSUES IN SOCIAL MEDIA CONTENT CREATION

AUTHOR – SATYANSH SINHA, STUDENT AT AMITY UNIVERSITY, PATNA

BEST CITATION – SATYANSH SINHA, COPYRIGHT ISSUES IN SOCIAL MEDIA CONTENT CREATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 144-151, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

For anyone starting out in the world of online content creation, understanding copyright is one of the most important steps you can take to protect your work and avoid serious legal trouble. Think of copyright as the law that gives a creator exclusive ownership over their original artistic work—like a photograph, a piece of music, a script, or a video. The moment you film a unique video or write a post, the copyright shield automatically goes up, meaning you alone get to decide who can copy, share, or change it.

“POST-COLONIAL CONSTITUTIONALISM AND THE BASIC STRUCTURE DOCTRINE: A COMPARATIVE STUDY OF INDIA AND SOUTH AFRICA”

AUTHOR – UTKARSH DIXIT, PURSUING LLM (IP), AMITY UNIVERSITY NOIDA

BEST CITATION – UTKARSH DIXIT, “POST-COLONIAL CONSTITUTIONALISM AND THE BASIC STRUCTURE DOCTRINE: A COMPARATIVE STUDY OF INDIA AND SOUTH AFRICA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 133-142, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/DWKY2574

Abstract

This paper conducts a comparative analysis of two seminal models of constitutional unamend ability in the post-colonial world: India’s judicially crafted “Basic Structure Doctrine” and South Africa’s textually explicit constitutional supremacy. Its central research question explores how these distinct mechanisms represent analogous, yet contextually specific, responses to the threat of majoritarian authoritarianism and the erosion of transformative constitutional values. Employing a methodology of comparative constitutional analysis, the study juxtaposes the historical genesis, doctrinal development, and practical application of both systems. The key finding is that while both nations share a profound commitment to protecting foundational principles like democracy, dignity, and equality from legislative override, they diverge fundamentally in method. India’s Supreme Court developed an implicit, substantive limitation on parliamentary power through judicial innovation, creating a flexible but often contested doctrine. Conversely, South Africa’s Constitution pre-emptively established a supreme legal order with stringent procedural entrenchment, offering greater clarity but less judicial discretion. The paper concludes that both models are effective, though imperfect, guardians of transformative constitutionalism. Their comparative success hinges on their ability to balance democratic legitimacy with robust judicial protection, offering vital lessons for constitutional design in post-colonial societies navigating the tensions between majority rule and minority rights.

RULE OF LAW, SEPARATION OF POWER AND CONSTITUTIONAL SUPERMACY

AUTHOR – SEKAR V, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH (AUUP)

BEST CITATION – SEKAR V, RULE OF LAW, SEPARATION OF POWER AND CONSTITUTIONAL SUPERMACY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 123-132, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The principles of Rule of Law, Separation of Powers, and Constitutional Supremacy form the foundational pillars of modern democratic governance. These doctrines collectively ensure that government authority is exercised within a legal framework that upholds justice, accountability, and equality. The Rule of Law signifies that no individual, including the state, is above the law, emphasizing fairness, due process, and legal certainty. The Separation of Powers, propounded by Montesquieu, divides governmental functions among the legislature, executive, and judiciary to prevent concentration of power and promote institutional balance. Meanwhile, Constitutional Supremacy ensures that all laws and governmental actions derive their validity from the Constitution, which stands as the supreme law of the land. Together, these principles safeguard individual rights, reinforce democratic values, and maintain the integrity of governance.

This research examines the interconnection among these three doctrines and their practical application in constitutional democracies, particularly within the Indian context. It highlights how the judiciary plays a vital role in maintaining equilibrium between the organs of government and ensuring that constitutional supremacy prevails. The study also explores contemporary challenges such as judicial overreach, executive dominance, and legislative inaction, which threaten the delicate balance envisioned by the framers of the Constitution. By analyzing judicial precedents, constitutional provisions, and comparative perspectives, this research aims to reaffirm the importance of these foundational principles in sustaining the rule-based democratic order.

Key Word: Rule of Law: Ensures equality and accountability before the law. Separation of Powers: Prevents abuse of authority through functional division.  Constitutional Supremacy: Establishes the Constitution as the ultimate source of legal validity.

AN EMPIRICAL STUDY ON OIL SPILL AND ITS EFFECTS ON THE ENVIRONMENT WITH SPECIAL REFERENCE TO THE MERCHANT SHIPPING ACT, 1958

AUTHOR – ADULYANATHESHWARAN, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS), SAVEETHA UNIVERSITY

BEST CITATION – ADULYANATHESHWARAN, AN EMPIRICAL STUDY ON OIL SPILL AND ITS EFFECTS ON THE ENVIRONMENT WITH SPECIAL REFERENCE TO THE MERCHANT SHIPPING ACT, 1958, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 96-122, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/DBZS6278

ABSTRACT :-

Oil spills are the accidental release of petroleum into the environment, often in oceans or other bodies of water. This study examines the causes, effects, and prevention of oil spills in India. Objectives: This empirical study aims to investigate the multifaceted environmental impacts of oil spills stemming from merchant shipping activities and to critically assess the effectiveness of regulatory frameworks, with a historical lens on the Merchant Shipping Act, 1958, and its evolution into current Indian maritime law, in mitigating these impacts. Findings: The study reveals that despite significant advancements in maritime safety and environmental regulations since the initial enactment of the Merchant Shipping Act, 1958, oil spills continue to pose a substantial threat to marine and coastal ecosystems. Empirical data from various spill incidents demonstrate severe long-term damage to biodiversity, including marine flora and fauna, and significant disruption to fishing, tourism, and other marine-dependent livelihoods. Methodology: A total of 200 sample respondents in the age group of 18-50 years were collected. The effects of oil spills can be far-reaching, and can include the death of marine life, the destruction of coastal ecosystems, and the contamination of drinking water. The study makes a number of recommendations for improving the prevention and response to oil spills in India. Conclusion: Oil spills from merchant shipping represent a continuing environmental hazard with profound and often irreversible consequences. While the evolution of Indian maritime law, building upon the groundwork of the Merchant Shipping Act, 1958, and incorporating international standards, has significantly improved the regulatory landscape, there remains a critical need for enhanced vigilance, proactive enforcement, and continuous investment in oil spill prevention and response mechanisms.

KEY WORDS : – Oil spill, Hydrocarbon, Natural disaster, Ecosystems, Contamination

IRISH-LANGUAGE RIGHTS IN IRELAND, THE UNITED KINGDOM, AND THE EUROPEAN UNION: A COMMENTARY

AUTHOR – TADGH QUILL-MANLEY,
2ND YEAR STUDENT AT KING’S INNS

BEST CITATION – TADGH QUILL-MANLEY, IRISH-LANGUAGE RIGHTS IN IRELAND, THE UNITED KINGDOM, AND THE EUROPEAN UNION: A COMMENTARY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 86-95, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/EZFO6957

Abstract

This commentary examines the legal framework governing Irish-language rights in Ireland (Éire), the United Kingdom (particularly Northern Ireland), and the European Union, highlighting the persistent tension between symbolic constitutional commitments and practical enforcement. Despite Irish’s status as the first official language under Article 8 of the 1937 Irish Constitution, judicial interpretations – seen in cases like O’Monacháin v An Taoiseach [1982] IESC 10 and Peadar Ó Maicín v Ireland [2014] IESC 12 – treat it as participatory rather than structural, emphasising “reasonable efforts” (Ó Cadhla v Minister for Justice & Equality [2019] IEHC 503) amid resource constraints. Statutory measures, such as the Official Languages Act 2003 and its 2021 Amendment (fully commenced December 2024), offer incremental progress but leave court proceedings largely unaffected.

In Northern Ireland, the archaic Administration of Justice (Language) Act 1737 was repealed by the Identity and Language (Northern Ireland) Act 2022, introducing an Irish Language Commissioner and promoting bilingualism, though implementation remains uneven. Supra-nationally, the European Convention on Human Rights (Articles 6 and 14) and the European Charter for Regional or Minority Languages influence domestic standards, while EU law – post-2022 derogation lift via Council Regulation (EU, Euratom) 2015/2264 – ensures Irish’s full official status, despite ongoing linguist recruitment challenges. Comparatively, Irish lags behind Welsh and Scottish Gaelic frameworks. Recommendations include enacting a specialised Irish Language in the Courts Act, enhancing training, and leveraging discrimination arguments under the ECHR. Ultimately, bridging symbolism and reality demands legislative clarity and investment to affirm cultural identity and democratic integrity.

THE CONSTITUTIONAL LIMITS OF RESERVATION: A COMPREHENSIVE ANALYSIS OF RAM SINGH V. UNION OF INDIA (2015) AND THE JAT RESERVATION DEBATE IN INDIA

AUTHOR – GANESH SHRIRANG SATARKAR (NALE), DEPARTMENT OF SOCIOLOGY, CENTRAL UNIVERSITY OF HARYANA, HARYANA

BEST CITATION – GANESH SHRIRANG SATARKAR (NALE), THE CONSTITUTIONAL LIMITS OF RESERVATION: A COMPREHENSIVE ANALYSIS OF RAM SINGH V. UNION OF INDIA (2015) AND THE JAT RESERVATION DEBATE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 80-85, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Supreme Court judgment in Ram Singh v. Union of India (2015) marks a defining point in India’s reservation jurisprudence, especially regarding how “backwardness” must be constitutionally understood and empirically established for inclusion in the Other Backward Classes (OBC) list. The case involved the demand by Jat communities—spread across northern states and historically dominant—for recognition as OBCs in the Central List. Although various state commissions and political actors supported the demand, the National Commission for Backward Classes (NCBC), after extensive review, rejected the claim citing lack of contemporary data and the political, economic, and social dominance of Jats. Despite this, the Central Government issued a notification on 4 March 2014 granting OBC status to Jats in nine states. The Supreme Court struck down the notification, ruling that backwardness must be “social,” measurable through objective criteria, and justified by contemporaneous quantifiable data, not historical generalizations or electoral pressures.

This 3500+ word paper presents a detailed hybrid academic–commentary analysis of the judgment, incorporating facts, extracts, and reasoning from the official Supreme Court judgment PDF. It examines the constitutional framework, evolving backward class jurisprudence, the NCBC’s evidentiary standards, and the Court’s reasoning emphasizing constitutional morality, empirical rigor, and the prohibition against politically motivated inclusions. Comparative reservation movements involving Marathas, Patels, Kapus, and Gujjars further contextualize how dominant agrarian castes seek reservations amidst economic decline. The paper concludes with insights into future reservation policy, judicial scrutiny, and the role of evidence-based social justice.

Keywords: Jat Reservation, Ram Singh v. Union of India (2015), OBC, NCBC, Social Backwardness, Constitutional Morality, Indra Sawhney, Quantifiable Data, Contemporary Evidence, Reservation Policy, Dominant Agrarian Castes, Political Mobilization, Equality Jurisprudence, Affirmative Action, Expert Commission, Judicial Review.

COMPARATIVE ANALYSIS OF PATENT PROTECTION

AUTHOR-NIDHI JHA, AMITY LAW SCHOOL, AMITY UNIVERSITY, PATNA

BEST CITATION – NIDHI JHA, COMPARATIVE ANALYSIS OF PATENT PROTECTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 76-79, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper examines the relationship, conflict and complementarities between patent protection and academic publication (referred to here as “publication” or a “published certificate” such as DOI-registered works). It is aimed at law students and explores the doctrinal foundations, procedural steps, strategic considerations, comparative advantages, and real-world implications of choosing to patent an invention versus publishing it. The analysis covers legal requirements, timing issues (novelty and prior disclosure), rights conferred, duration and scope, enforcement, and policy rationales. The paper concludes with practical guidance for researchers, innovators, and legal practitioners on harmonising publication aims with patent strategy.

KEYWORDS – Patent protection within the field of Intellectual Property Rights (IPR) generally fall into categories related to the legal framework, the innovation process, and commercial implications.

THE INTERNATIONAL TREATIES & CONVENTION IN RELATION WITH TRADEMARKS

AUTHOR- ATIYA SHAINA, AMITY LAW SCHOOL, AMITY UNIVERSITY, PATNA

BEST CITATION – ATIYA SHAINA, THE INTERNATIONAL TREATIES & CONVENTION IN RELATION WITH TRADEMARKS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 63-66, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This work investigates the evolution, scope, and impact of the major international conventions and treaties governing trademarks in the context of globalization, dynamic trade practices, and intellectual property law harmonization. The research highlights how the expansion of cross-border commerce and information technology has necessitated the development of an extensive international legal framework for trademark protection. Beginning with bilateral arrangements, the historical trajectory of trademark law quickly shifted towards comprehensive multilateral agreements to ensure uniformity and procedural efficiency.

Central to the study are foundational treaties such as the Paris Convention of 1883, which introduced principles of national treatment, right of priority, and independence of trademark rights among member states. The Madrid Agreement (1891) and Madrid Protocol (1989) revolutionized trademark registration, enabling owners to secure protection in more than one hundred countries through a unified application system administered by the World Intellectual Property Organization (WIPO). The Nice Agreement (1957) and Vienna Agreement (1973) standardized the classification of goods, services, and figurative elements, paving the way for more consistent international filings. The Nairobi Treaty (1981), the Trademark Law Treaty (1994), and the Singapore Treaty (2006) further harmonized legal standards, registration, and renewal procedures, reducing administrative complexity for international applicants.

Significantly, the study explores the role of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) under the World Trade Organization (WTO), which binds member states to minimum standards of trademark protection and robust enforcement mechanisms. The research also analyses India’s progression in adapting its domestic law to comply with international conventions, particularly since becoming a party to the Madrid Protocol and TRIPS Agreement.

Drawing on primary sources, treaty texts, and recent academic commentary, this work concludes that international conventions and treaties have meaningfully advanced the protection, registration, and enforcement of trademarks. They have fostered economic growth, innovation, and consumer trust by establishing consistent legal frameworks adaptable to changing market realities. Nevertheless, challenges remain in practical enforcement and in harmonizing standards across diverse jurisdictions. The findings underscore the continuing necessity of cooperative international legal frameworks as commerce becomes increasingly global and digital.[1][2][3][4][5]

Keywords- International,” “Intellectual,” “Property,” “Rights,” “Country,” “Protection,” “Jurisdiction,” and “Law”.

“EVOLUTION OF THE INTERNATIONAL PATENT SYSTEM”

AUTHOR – FAHAD ALAM, AMITY LAW SCHOOL, AMITY UNIVERSITY, PATNA

BEST CITATION – FAHAD ALAM, “EVOLUTION OF THE INTERNATIONAL PATENT SYSTEM”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 72-75, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The evolution of the international patent system has been a complex and multifaceted process, shaped by technological advances, economic imperatives, and political conflicts since the late nineteenth century. Initially emerging during the industrial revolution in Europe, the patent system was born out of a surge in inventive activity but was not directly aligned with economic development or innovation. In fact, during the mid-nineteenth century, opposition to patents grew in response to concerns about monopolies stifling national economies and international trade. For instance, the Netherlands abolished its patent system in 1869, only to reintroduce it decades later, while other European nations adopted protectionist laws disadvantageous to foreign competition.

Early patent grants, such as those in Renaissance Italy and the Venetian Patent Act of 1474, primarily honoured inventors rather than conferring exclusive economic rights. The Statute of Monopolies (1623) in England marked a shift, laying the foundation for modern patent law by recognizing inventors’ rights primarily for the benefit of society rather than the individual. By the eighteenth and nineteenth centuries, the system spread to continental Europe, the United States, and Latin America, each adapting patent laws to promote local industries and industrialization.

A significant turning point came with the increased internationalization of trade and innovation in the late nineteenth century. Despite widespread adoption, the “patent controversy” of this era revealed tensions between expanding inventors’ rights and fears of monopolistic abuses. This controversy influenced international efforts, culminating in the Paris Convention of 1883, which established essential principles- national treatment, right of priority, and working requirements—each designed to harmonize and facilitate global patent protection.

Throughout the twentieth century, a series of revision conferences refined the system, gradually shifting focus from local working and revocation towards compulsory licensing, and ultimately reducing the regulatory autonomy of less developed countries. These changes increasingly favored the interests of industrialized nations, particularly with the advent of global agreements like TRIPS. Overall, the development of the international patent system has reflected a recurring struggle between rewarding individual innovation, advancing societal interests, and balancing disparities between developed and developing nations.

Keywords- Patent, Monopoly, Innovation, Compulsory Licensing, Industrial Revolution.