Category: Volume 4 and Issue 3 of 2024

GROWTH OF VENTURE CAPITAL FUNDS IN THE SECURITIES MARKET IN INDIA

AUTHOR – RAHEN SARDAR, STUDENT AT AMITY UNIVERSITY, KOLKATA

BEST CITATION – RAHEN SARDAR, GROWTH OF VENTURE CAPITAL FUNDS IN THE SECURITIES MARKET IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 606-611, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The development and increase in the number of Venture Capital funds in the Indian securities market have contributed much to innovation and entrepreneurship. This research article examines the evolution of VC in India, starting from its inception to the present times, considers the legal framework within which it is constrained to operate, and analyses various factors that have been responsible for its growth. The early 2000s really saw the beginning of a more structured VC landscape in India, spurred on by regulatory support from entities like the Securities and Exchange Board of India. Trends in the very recent past have shown strong growth in VC investments, especially in technology-driven sectors, proving just how vibrant this bourgeoning ecosystem is turning out to be. In this context, the Indian GDP growth, technological advancement, and supportive governmental policies have triggered the VC sector significantly. However, there are a lot of challenges regarding market volatility, regulatory complexities, and stiff competition provided by alternative sources of funding.

A STUDY ON ENFORCEMENT OF WRIT AGAINST EXECUTIVE AUTHORITIES OF A STATE – WITH SPECIAL REFERENCE TO WRIT OF MANDAMUS

AUTHOR – RAHAMATHULLA A, STUDENT AT TAMILNADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – RAHAMATHULLA A, A STUDY ON ENFORCEMENT OF WRIT AGAINST EXECUTIVE AUTHORITIES OF A STATE – WITH SPECIAL REFERENCE TO WRIT OF MANDAMUS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 599-606, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

The judiciary in India plays an important role in  thedemocracy because it not only prevents government officials from misusing their powers but also safeguards the rights of citizens and protects the Indian Constitution. As a result of this, Indian Constitution envisions a powerful, independent, and well-organised judiciary.A writ petition is a formal written order issued by a judicial authority, such as Supreme Court and High CourtWrit petitions can be filed to protect Fundamental Rights. Fundamental Rights are contained in Part III of the Indian Constitution including the right to equality, right to life and liberty etc. Merely providing for Fundamental Rights is not sufficient. It is essential that these Fundamental Rights are protected and enforced as well.

A STUDY ON GRIEVANCE REDRESSAL MECHANISM UNDER ADMINISTRATIVE LAW IN INDIA

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

BEST CITATION – VYABINYAA SHRIEE R S, A STUDY ON GRIEVANCE REDRESSAL MECHANISM UNDER ADMINISTRATIVE LAW IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 589-598, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

A Grievance Redressal Mechanism (GRMs) in general refers to a formal or informal system of addressing the issues raised by the public and fulfilling the needs of the people.¹ This is another avenue for addressing and sorting out the problems faced by the public when it comes to the country as a whole. In India the Department of Administrative Reforms and Public Grievances (DARPG) and Directorate for Public Grievances (DPG) are the two nodal agencies which are exclusively meant for Grievance Redressal Mechanism.² GRMs can be used by individuals, employees, labours, communities and other civil society organization, etc..

This paper examines the grievance redressal mechanisms within the framework of administrative law, highlighting their significance that ensures accountability and fairness in public administration.³ It explores the legal principles and institutional structures designed to address citizen complaints against administrative actions, emphasizing the role of transparency, accessibility, and efficiency.⁴ The study analyzes various models of grievance redressal, including ombudsman systems, DARPG, DPG and public inquiries, assessing their effectiveness in different jurisdictions.⁵ Ultimately, it argues for strengthening grievance redressal systems as a critical component of good governance, fostering trust between citizens and government, and enhancing the rule of law.⁶

KEY WORDS: GRM, Ombudsman, DARPG, DPG, Accountability, Transparency, Accessibility and Models of Grievance Redressal.

KULBUSHAN JADAV CASE COMMENTARY

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

BEST CITATION – DEVANADHAN R, KULBUSHAN JADAV CASE COMMENTARY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 583-588, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The Jadhav Case (India v. Pakistan) revolved around Pakistan’s arrest, detention, conviction, and death sentence of Kulbhushan Sudhir Jadhav, who India claimed as an Indian national. Jadhav was convicted by Pakistan for terrorism and espionage. This case marked the third time the International Court of Justice (ICJ) addressed the interpretation of Article 36 of the Vienna Convention on Consular Relations (VCCR). Unlike previous cases concerning consular rights, India sought more extensive relief, including the annulment of Jadhav’s conviction, his release from detention, and his safe return to India. The ICJ, with only Judge ad hoc Jillani dissenting, unanimously confirmed its jurisdiction and found that Pakistan had violated VCCR Article 36. Specifically, Pakistan had failed to inform Jadhav promptly of his consular rights, did not notify the Indian consular post in Pakistan of his detention, and denied India the right to communicate with Jadhav, visit him, and arrange for his legal representation. The Court ruled that Pakistan must immediately inform Jadhav of his rights and allow Indian consular officers access to him. The Court also determined that Pakistan must provide a means for effective review and reconsideration of Jadhav’s conviction and sentence to address the rights violation. Finally, the ICJ, with Judge ad hoc Jillani dissenting, stated that a continued stay of execution was essential for ensuring an effective review and reconsideration of Jadhav’s conviction and sentence.

KEYWORDS: Consular Rights, Jurisdiction, Provincial Measures, jus cogens.

CROSS-BORDER MERGERS AND ACQUISITIONS: COMPLEXITIES IN NAVIGATING THROUGH INTERNATIONAL CORPORATE LAW

AUTHOR – MANISH DINKAR BHANE, STUDENT AT NAVALMAL FORODIA LAW COLLEGE

BEST CITATION – MANISH DINKAR BHANE, CROSS-BORDER MERGERS AND ACQUISITIONS: COMPLEXITIES IN NAVIGATING THROUGH INTERNATIONAL CORPORATE LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 572-582, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Legal Odyssey of Cross-Border M&A: Global Divergence and Corporate Convergence. The liberalization of global trade and investments in the late 20th century marked a turning point, leading to an upsurge in cross-border M&A activity. Historic transactions such as Vodafone’s acquisition of Mannesmann in 2000 exemplify milestones in this journey. In the contemporary era, cross-border M&A remains a dominant force, characterized by an increasing complexity in deal structures. The post-pandemic landscape has added a layer of adaptation as businesses address issues like supply chain disruptions and remote workforces. This research dissects the multifaceted legal complexities that envelop cross-border M&A. It surveys historical developments, evaluates the current landscape, and anticipates evolving trends. There is a necessity to unravel the intricate legal challenges faced by corporations engaged in cross-border M&A transactions. This research aims to comprehensively explore these challenges, offer insights into legal strategies for success, and spotlight the growing relevance of cross-border M&A in the global business arena. To address the legal complexities entwined with cross-border M&A, this research adopts a comprehensive approach. It encompasses a thorough examination of international and national legal frameworks, scrutiny of due diligence processes, and a deep dive into best practices. In the current scenario is the establishment of a standardized international regulatory framework for cross-border M&A. This framework could streamline and harmonize legal requirements, making it easier for corporations to navigate the complexities of cross-border transactions while promoting fairness and transparency in the global marketplace. This research serves as a holistic investigation into the legal intricacies of cross-border M&A, offering a roadmap for corporations to deftly navigate the challenges and attain success in their global expansion endeavours.

Keywords: Corporations, Legal Challenges, Mergers and Acquisition, Regulation,

A PUBLIC OPINION ON IMPACT OF WOMEN RESERVATION IN TAMILNADU

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

BEST CITATION – R.RAJESWARI, A PUBLIC OPINION ON IMPACT OF WOMEN RESERVATION IN TAMILNADU, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 560-571, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

It is becoming increasingly clear that the questions thrown up by the timing of the Women’s Reservation Bill and the responses to it cannot be understood solely within the framework of women’s rights. This paper argues that two very different (even opposed) sets of concerns – feminist and upper caste – have tied in at this particular conjuncture to produce the sudden general acceptability of women’s reservations. Further, the debates around the Bill reveal a more fundamental set of questions about the issues of citizenship, representation, and the subject of feminist politics.In 1992, India’s Parliament enacted two constitutional amendments that sought to democratise local governance and engender it through quota-based reservations for women. This article asks whether participation in these institutions has enabled women to articulate and advance their interests. To evaluate this, the article deploys the distinction in feminist literature between strategic and practical gender interests. Through a survey of a wide range of studies conducted in different parts of India it points to the constraints, both of institutional design as well as of social inequalities of gender and caste, that inhibit a fuller and more effective participation by women. There is nevertheless evidence to suggest that the quotas have enabled women to address their practical gender needs and interests, even if the articulation and realisation of strategic interests is moving at a somewhat slower pace.The Women Reservation Bill, which proposes to reserve 33% seats in the national and state legislatures for women, has been tabled recently in the Indian Parliament. There has been national debate on the merits and demerits of the reservation of seats for women in the central state legislative assemblies in India. In the present paper, merits of quota system v/ non-quota system and critical mass theory with reference to representation of women in legislature are discussed. Furthermore, it summarises the influence of increase in the number of women legislators, on the character of parliament and subsequent changes in government policies in otner countries. It is argued on the basis of experiences from other countries and local bodies in India that even if the public face of politics becomes feminised, without changing the political culture and the substantive policy agenda.

KEYWORDS – Women Reservation Policy,Political Representation,Electoral Quotas, Public Perception,Gender Equality,Women Empowerment

THE ROLE OF CIVIL SERVANT UNDER ADMINISTRATIVE LAW

AUTHOR – S. SAVITHA, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY

BEST CITATION – S. SAVITHA, THE ROLE OF CIVIL SERVANT UNDER ADMINISTRATIVE LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 554-558, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

This abstract explores the condemning function of civil servants in the framework of administrative law, which governs the activities of governmental agencies and their interconnection with the public. Their role is crucial in maintaining the rule of law, accountability, and transparency within the administrative process. Civil servants, as the backbone of public administration, are tasked with implementing policies, administering services, and ensuring compliance with regulations. Critical role of civil servant is to maintain the integrity and efficiency of administrative processes, ensuring that government actions are effective.  This  paper talks about  the legal principles that guide civil servants, including the duty to act fairly, unbiased, and in accordance with established procedures. They interact with the public, addressing inquiries and processing applications, while upholding principles of transparency and accountability.  Additionally, the interaction between civil servants and citizens is analysed, highlighting the importance of public participation and the right to appeal administrative decisions.  Through case studies and legal precedents, the paper illustrates the challenges faced by civil servants in balancing efficiency with adherence to legal standards. The involvement of civil servant is to uphold the rule of law and ensure that individuals and organizations follow laws and regulations. They also investigate crimes and administer justice.

Key words: Implementing polices, unbiased, Transparency and Accountability, adherence to legal standards.

AN EMPIRICAL STUDY ON TECHNOLOGICAL COMPANIES WITH GENDER WAGE GAP WITH REFERENCE TO CHENNAI

AUTHOR – B.MEGASREE, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY

BEST CITATION – B.MEGASREE, AN EMPIRICAL STUDY ON TECHNOLOGICAL COMPANIES WITH GENDER WAGE GAP WITH REFERENCE TO CHENNAI, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 539-555, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The IT companies concerning the gender wage gap reflect progress from a historically male-dominated industry to increased awareness and initiatives for diversity and inclusion. Despite persistent challenges like biases in hiring and promotions, companies are adopting measures such as pay equity audits and flexible work arrangements. Government initiatives in India, such as the Working Women Hostel and National Crèche Scheme, aim at women’s development and empowerment. Factors affecting the gender wage gap include occupational segregation, bias in hiring, and lack of transparency. Current trends indicate a need for improvement in the work environment, with an unadjusted gender pay gap in the IT sector. In both the United States and India, efforts are underway to address these disparities through legislation, corporate initiatives, and ongoing reforms. Objective is to suggest and showcase the reasons and causes of the gender wage gap. A total of 200 samples have been collected out of which all samples have been collected through convenient sampling methods. The sample frame taken here in and around Chennai, Tamil Nadu. The independent and dependent variables are analysed. The statistical tools used here are chi-square and graphical representation. Findings show a need for improvement in the work environment, with an unadjusted gender pay gap in the IT sector. Consider exploring the future research on the gender wage gap in IT should explore the long-term impact of flexible work technological advancements, and global perspectives, among other areas, to inform strategies for achieving greater equality.

Keywords: Remote work, Mentorship programs, Job disparities, Intersectionality and Retention

ADMINISTRATIVE LAW AND RIGHT TO INFORMATION ACT (RIT)

AUTHOR – SAKEE. N, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY

BEST CITATION – SAKEE. N, ADMINISTRATIVE LAW AND RIGHT TO INFORMATION ACT (RIT), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 531-538, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Administrative law regulates the actions of government agencies, providing a framework for their operation while guaranteeing accountability, transparency and fairness. It plays an essential role in the regulation of public administration and the protection of citizens’ rights. One of the key elements of administrative law is the concept of the rule of law, which requires that government actions are based on laws and not on arbitrary decisions. The emergence of the Right to

Information Act (RTI) in India has also strengthened administrative law by promoting transparency and providing citizens with access to government information. The RTI Act, approved In 2005, allows individuals to request information from public authorities, thus promoting an informed citizenry and strengthening democratic governance. The interaction between administrative law and the RTI Act reflects the principles of accountability, transparency and participation, ultimately contributing to good governance. 

Keywords:  administrative law, accountability, transparency, rule of law, Right to Information Act (RTI), governance, public administration, citizen empowerment, legal framework.

A STUDY ON ORIGIN AND DEVELOPMENT OF OMBUDSMAN IN INDIA

AUTHOR – KAVIYARASU K, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – KAVIYARASU K, A STUDY ON ORIGIN AND DEVELOPMENT OF OMBUDSMAN IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 524-530, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This study explores the origin and development of the ombudsman institution in India, highlighting its journey from a concept rooted in Scandinavian governance to its unique adaptation within the Indian context. The idea of the ombudsman was introduced in India in the 1960s, primarily to address grievances against public authorities and enhance governmental accountability.The research delves into the establishment of the Lokpal and Lokayuktas, key institutions modeled after the ombudsman, designed to investigate corruption and maladministration in public services. It examines the historical, political, and social factors that shaped these institutions, including the influence of social movements and public demand for greater transparency and justice.Through case studies and analysis, the study assesses the effectiveness of the ombudsman in India, identifying both successes and challenges. It highlights the role of the Lokpal in combating corruption and the significance of state-level Lokayuktas in addressing local issues. Additionally, the research discusses ongoing challenges, such as bureaucratic resistance, limited public awareness and also the study emphasizes the critical role of the ombudsman in promoting good governance in India and suggests recommendations for strengthening its impact in the future.