Category: Volume 3 and Issue 1 of 2023

AI AND THREAT TO PRIVACY

Author – Kratika Kushwah & Mohita Mullick, Students of Amity University, Lucknow

Best Citation – Kratika Kushwah & Mohita Mullick, AI AND THREAT TO PRIVACY, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 296-313, ISSN – 2583-2344.

ABSTRACT

In recent years, artificial intelligence (AI) has advanced at a rapid pace. AI tools are increasingly being employed by both private entities and public sector organisations throughout the world. AI’s capabilities today soon provide widespread and significant advantages to individuals, institutions, and society. However, these same technological advancements present serious concerns, such as the conflict between AI and data protection legislation.

Answers are being sought by regulators, organisations, researchers, and practitioners from numerous fields. Privacy specialists are also becoming more active in AI governance. They have the task of interpreting the complicated interplay between privacy legislation and larger trends concerning the ethical use of AI. With government authorities increasing their enforcement, rulemaking, and legislation in this complex arena, it is critical that organisations understand the current privacy requirements for AI, those on the horizon, and the resources available to build a compliant data protection framework for AI applications.

As a result, we have both the chance and the responsibility to assess the effectiveness of present data protection legislation in light of 21st-century technical developments. While compliance with existing data protection rules is crucial, a better long-term strategy is to view the issues posed by AI as another wake-up call that our current approach to data protection is becoming increasingly antiquated and ineffective. In this view, data protection regulation must be strengthened in order to safeguard privacy, properly handle the issues posed by AI, and avoid introducing needless, bureaucratic hurdles to the advantages of AI.

Keywords: AI legislation, Data protection, Privacy, Ethics, Technological advancement

AN ANALYSIS OF MAJOR PROVISIONS OF THE NEW COMPETITION AMENDMENT BILL, 2022

Authors: Gayathri S Pillai, Student of National University of Advanced Legal Studies

Best Citation – Gayathri S Pillai, AN ANALYSIS OF MAJOR PROVISIONS OF THE NEW COMPETITION AMENDMENT BILL, 2022, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 289-295, ISSN – 2583-2344.

ABSTRACT

The market space has been ever-evolving in this trade-centric world. Maintaining healthy competition without the involvement of unfair trade practices in the market is crucial for the development of society. But is the current competition law regime in India adequate? The Competition Bill has been passed in this context. This research paper tries to analyze the major provisions of the new Competition Amendment Bill. Some of these changes are definitional changes, changes in threshold level, changes in timelines, the inclusion of hub and spoke cartel, etc. Other changes are also discussed in this paper. It also tries to focus on the areas where improvements can be made. Thus, in this research paper, the author attempts to bring in suggestions by analyzing the major changes incorporated through the Competition Amendment Bill.

A PHILOSOPHICAL ANALYSIS ON THE LEGALISATION AND REGULATION OF PROSTITUTION IN INDIA

Authors: Nithika Elizabeth Rebello, Student of CHRIST (Deemed To Be University) Bangalore.

Best Citation – Nithika Elizabeth Rebello, A PHILOSOPHICAL ANALYSIS ON THE LEGALISATION AND REGULATION OF PROSTITUTION IN INDIA, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 282-288, ISSN – 2583-2344.

ABSTRACT

Prostitution can be defined as any practice or engagement in sexual activity with another person for payment of money or another form of gain in return. Prostitution is not recognized as a profession in India and is criminalized. According to the Indian Penal Code, 1860 [1](IPC) activities, such as soliciting, owning a brothel are punishable. Section 4 of the Immoral Traffic (Prevention) Act, 1956 [2]provides for the punishment of any person who makes an earning from prostitution. The criminalisation of prostitution leads to a vicious cycle of segregation and marginalisation of sex workers from the rest of society.

The question arises on whether prostitution is recognised as a profession from a philosophical point of view and if so, whether it must be brought under the regulation of the state. This paper by analysing legal theories of philosophy aims to examine the scope of morality related concepts to understand the ambiguity in the provisions of the Immoral Traffic (Prevention) Act which criminalises prostitution in India. It also seeks to make suggestions for incorporating the legal theory of liberal feminism in an effort to demonstrate that legalisation and regulation would generate better results.

KEYWORDS: Legalisation, morality, philosophy,  prostitution, regulation, state

---

[1] Indian Penal Code, 1860, No. 45, Acts of Parliament, 1860 (India).

[2] Immoral Traffic (Prevention) Act, 1956, § 4, No. 104, Acts of Parliament, 1956 (India).

VARIOUS MODELS OF FEDERALISM & ITS DEVELOPMENT IN INDIA :  AN ANALYSIS

Authors: Pratibha Sahu, Student of CHRIST (Deemed To Be University) Bangalore.

Best Citation – Pratibha Sahu, VARIOUS MODELS OF FEDERALISM & ITS DEVELOPMENT IN INDIA :  AN ANALYSIS, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 271-281, ISSN – 2583-2344.

ABSTRACT

The present research paper aims at studying and describing the system and process of federalism in India. This paper further aims to explain their efficiency in terms of how well they work in tandem with India’s nation building and state formation initiatives. The fundamental tenet of Indian government is federalism. The concept of Indian federalism is dynamic. Over the years, it has transformed into a parliamentary system in its most recent iteration. The evolution and transformation of Indian federalism over several decades has given rise to two major concepts and forms of federalism, those are co-operative federalism and competitive federalism which are also incorporated in the Constitution of India. Examining and analysing the effectiveness of these two is the central point of focus of this research paper. Therefore, in this research paper, we will be examining Indian system of federalism with special reference to two of its important forms that is co-operative federalism and competitive federalism and their effectiveness in terms of building healthy co-relation between the Centre the state and vice-versa and also between states and states. This research article is also an attempt to sum up the debate on whether it’s to co-operative federalism or competitive federalism that is most compatible for Indian Centre-state relation reform and nation building, growth and development in whole.

Keywords – Federalism, Co-operative federalism, Competitive federalism, Indian federalism, Centre-state.

TRAVERSING THE BANKING LAW ON PUBLIC SECTOR BANKS IN INDIA

Authors: Shrey Sahai, Student of CHRIST (Deemed To Be University) Bangalore.

Best Citation – Shrey Sahai, TRAVERSING THE BANKING LAW ON PUBLIC SECTOR BANKS IN INDIA, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 263-270, ISSN – 2583-2344.

ABSTRACT

In India, several reforms over the past few decades have been taken on by the country’s public sector banks. Currently, there is a major crisis in the public sector banking industry. The purpose of this study is to suggest ways forward in the effort to create a reliable Public sector Banking system in India. An overview of the background is provided, and a statistical analysis of the current state is performed so that appropriate solutions can be proposed. The difficulties are listed under many topics, including nonperforming assets (NPAs), the need for recapitalization, governance problems, a dearth of qualified workers, and more. Based on these difficulties, suggestions have been made to improve the government and the economy. The authors made an effort to critically analyze the issue by drawing parallels to other countries while keeping their Indian heritage in mind. Finally, without placing too much emphasis on privatization, alternatives have been presented that will allow Public Sector Banks to retain their identity. Extreme measures for rebuilding have been emphasized. The primary challenges experienced by PSBs have been addressed to the best of our abilities.

KeyWords: Public Banks, Government, Banking Law, Non-Performing Assets, Nationalisation.

The Tiff between Intention of the Legislature and Judicial Interpretation in the Interpretation of Statutes.

Authors: Pragathi U Bhat, Student of Faculty of Law, PES University

Best Citation – Pragathi U Bhat, The Tiff between Intention of the Legislature and Judicial Interpretation in the Interpretation of Statutes, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 256-262, ISSN – 2583-2344.

Abstract:

The term legislation or statute is commonly defined as the will of the legislature that is backed by sanction and enacted by a competent authority. Interpretation of a statute is the process by which the meaning behind the legislature is sought. In countries that follow the doctrine of separation of powers, the rule of thumb is that the legislature makes the law and the judiciary administers the law and in doing so interprets the law. Over time, the Courts have devised various rules to guide the process of interpretation of legislations. The rule of giving effect to the intention of the legislature holds a significant position in the principles of interpretation of statutes. This rule entails that the interpretation should be such that it achieves the intention of the makers of the legislation. It is expected of the courts to enforce the intention with which the legislature was enacted. This paper aims to examine the principle of interpretation regarding the intention of the legislature. The paper seeks to highlight the defects of the principle of legislative intent and the need to eliminate the defects for efficient interpretation of statutes. Furthermore,the paper also aims to analyse the power of the principle of legislative intent in overriding the power of the judiciary to interpret laws.

THE ROLE OF PUBLICATION IN DELEGATED LEGISLATION: A CRITICAL STUDY

Authors: Adv. NAVEEN SAJU, Student of CHRIST (Deemed To Be University) Bangalore.

Best Citation – Adv. NAVEEN SAJU, THE ROLE OF PUBLICATION IN DELEGATED LEGISLATION: A CRITICAL STUDY, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 250-255, ISSN – 2583-2344.

ABSTRACT

“Delegated legislation does not come into force until published – Griffith & Street”

                India unlike many other countries who adopted democracy as the creed of the Constitution, was able to continue as a democratic nation even after its 75^th year of Independence. One of the major reasons for the same is the trust of the people in our Constitution and on other governing authorities. The three organs of the government, that is, the legislature, the executive and the judiciary play a very prominent role in the administration and rendering of justice that can be availed by the common citizens. The legislation is mainly done by the legislature and the authorities coming under these legislative wings proposes and made laws that are used for governing as. Sometimes the legislative powers are sub delegated from one person to another based on various circumstances. Here comes the importance of the aspect of delegated legislation. It is possible to pass these legislative functions to another person unless and until the law prohibits the same, but it is essential to make the concerned publication regarding the matters related to delegated legislation to the common public also. The problem with the publication of delegated legislation arises at many times in many cases in India itself and the Supreme Court also stated that unless the delegated legislation is published, it cannot be enforced[1]. So, it is a necessary matter to publish the same towards the common public to let them know that so and so things are delegated from one authority to another.

Keywords:Delegated Legislation, Publication of Delegated Legislation, Executive Authorities, Procedural Ultra Vires

---

[1] Harla v The State of Rajasthan (1951 AIR 467, 1952 SCR 110)

THE IMPORTANCE OF RELIGIOUS AND MINORITY RIGHTS IN INDIA: A CRITICAL STUDY

Authors: TANIYA SALIM, Student of CHRIST (Deemed To Be University) Bangalore.

Best Citation – TANIYA SALIM, THE IMPORTANCE OF RELIGIOUS AND MINORITY RIGHTS IN INDIA: A CRITICAL STUDY, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 244-249, ISSN – 2583-2344.

ABSTRACT

“One of the benefits of a properly functioning democracy is minority rights and majority rule”

– Noam Chomsky

                   India is a secular state which does not have any state religion. People are absolutely free to practice any religion according to their wish. With the 42nd amendment of the constitution of India in the year 1976, the preamble to the constitution asserted that India is a “secular” nation. The meaning of a secular state is that it does not prioritize any one religion for the country and its people.[1] The persons belonging to minorities have the right to participate effectively in decisions on the national and, where appropriate, regional level concerning the minority to which they belong or the regions in which they live, in a manner not incompatible with national legislation. The persons belonging to national or ethnic, religious and linguistic minorities have the right to enjoy their own culture, to profess and practice their own religion, and use their own language, in private and public freely and without interference or any form of discrimination. Article 29 protects the interests of minorities by making a provision that any citizen or section of citizens having a distinct language, script or culture have the right to conserve the same. It also mandates that no discrimination would be done on the ground of religion race, caste, language or any of them and highlights the rights of minorities, different vulnerable groups in India, historical background of religious minorities in India and constitutional provisions for minorities as well.

KEYWORDS:Minority Rights, Secularism, Religious Rights, Personal Laws, Constitution of India, Non-Discrimination, Right to Equality

---

[1] S M A W Chishti, Secularism in India: An Overview, The Indian Journal of Political Science, April-June, 2004, Vol. 65, No. 2 (April-June, 2004), pp. 183-198, Indian Political Science Association, https://www.jstor.org/stable/41855808

SAPINDA AND DEGREES OF PROHIBITED RELATIONSHIP- AN ANALYSIS

Authors: Muskaan Dalal, Student of Bennett University, Times of India Group

Best Citation – Muskaan Dalal, SAPINDA AND DEGREES OF PROHIBITED RELATIONSHIP- AN ANALYSIS, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 237-243, ISSN – 2583-2344.

ABSTRACT

Prior to the enactment of the Hindu Marriage Act in 1955, marriages in India were based on various shrutis, smritis and shastras and there was no uniform set of rules. Many times, the marriages also involved incest. This is against the principles of morality and is also not good for the overall health of the population as it would narrow the human gene pool. Sapinda and degrees of prohibited are the essentials to Hindu marriage under the Hindu Marriage Act, 1955. The persons marrying each other must not be sapindas of each other and should not be within the scope of degrees of prohibited relationship defined under the Act. However, there is an exception to the rule which relates to the custom or usage which permits anything of this sort. Sapinda has been defined under Section 3(f) of the Hindu Marriage Act, 1955, it states that if two people are related to each other through common ancestors, with extends to three generations of the mother’s side and five generations of the father’s side. Degrees of prohibited relationship have been defined under Section 3(g) of the act. This section states certain relations in which marriage cannot take place like descendants. So, according to the Hindu Law, marriage cannot take place among the people who are pindas to each other or who come under the prohibited relationships under the act. These topics are analyzed in detail along with relevant case laws. This paper discusses the meaning of Sapinda and degrees of prohibited relationship in detail while analyzing their scope under the essentials of the Hindu marriage under Hindu Law. The paper discusses the provisions relating to these two concepts as well as who comes under these relationships. In this regard, the concept of full blood, half blood and uterine blood have also been discussed. The paper also contrasts the current provisions in the Hindu Marriage Act with the provisions in the ancient law as inscribed in the Mitakshara and Dayabhaga schools of law.

RIGHT TO EDUCATION – A TOOL FOR THE EMANCIPATION OF MINORITY SECTIONS IN INDIA

Authors: ARATHY A, Student of CHRIST (Deemed To Be University) Bangalore.

Best Citation – ARATHY A, RIGHT TO EDUCATION – A TOOL FOR THE EMANCIPATION OF MINORITY SECTIONS IN INDIA, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 232-236, ISSN – 2583-2344.

ABSTRACT

“Education is a human right with immense power to transform – Kofi Annan”

                   A nation like India should need to have efficient and effective mechanism in order to ponder and give proper education to all the citizens of the nation. Even though the educational system is well known to the whole world and is existed from time immemorial antiquity, the educational system in the nation did not meet the proposed criteria’s for attaining maximum effective output from the whole citizens. A nation with good and literate citizens will be a cornerstone of the nation for its whole development. Thus, the government should need to give proper and adequate education to all the citizens of the nation. After the implementation and enactment of Right to Education as a fundamental right as enshrined in the Constitution of India under Article 21A through the eighty eighth amendment in the year 2002, the government taken a new milestone in order to promote the educational standards of the whole nation. Through the implementation of the mid-day meal schemes, in one way the government was able to attract the students to come and join schooling while on a broader aspect, it provides an opportunity for the student s to get adequate nutritious food for their overall growth and holistic development. Thus, in order to attain a good civil society, proper education must need to be given for all.[1] By these ways, India can attain over development in a very wider perspective.

KEYWORDS:Right to Education, Development of the Nation, Fundamental Rights, Educational Institutions, Standard of Living, Democracy

---

[1] Kishore Singh, Right to Education, India International Centre Quarterly, WINTER 2015–SPRING 2016, Vol. 42, No.3/4, Education at the Crossroads (WINTER 2015–SPRING 2016), pp. 119-130, India International Centre, https://www.jstor.org/stable/26316578