Category: Volume 4 and Issue 3 of 2024

“THE RIGHT TO BE FORGOTTEN: A COMPREHENSIVE CASE STUDY ANALYSIS”

AUTHOR – S. JAYASHREE, LLM SCHOLAR FROM THE DEPT. OF HUMAN RIGHTS AND DUTIES EDUCATION IN TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY (SOEL)

BEST CITATION – S. JAYASHREE, THE RIGHT TO BE FORGOTTEN: A COMPREHENSIVE CASE STUDY ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 233-243, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Recently, the legal portal called Indian Kanoon filed an appeal in the hon’ble Supreme Court of India^[1], challenging the Madras High Court direction of removing the judgements from websites to protect petitioner’s privacy based on “Right to be forgotten”. However, Apex court imposed a stay by questioning “we entertain criminal appeals, we may convict or acquit. Once we deliver a judgement, it is a part of public record. If it’s a case of child sexual abuse, then names can be masked. But how can the High Court direct a judgement to be pulled down? It will have serious ramification”. Whereas, the High court of Delhi, Kerala, Orissa and Karnataka acknowledged and ordered to enforce such right in various cases since 2019, even though India doesn’t have robust law for data privacy. Hence, this research aims to critically examine the applicability, issues and challenges of Right to be forgotten through case analysis.

KEY WORDS:  Right to be forgotten- Right to Erasure- Data Privacy- Supreme and High court cases.

---

^[1] IKanoon Software Development Pvt Ltd Vs. Karthick Theodre & ors [SLP (c) No.15311/2024

A STUDY ON POWER AND FUNCTIONS OF CIVIL SERVICE IN INDIA

AUTHOR – VARSHA.R, SCHOLAR FROM TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY (SOEL)

BEST CITATION – VARSHA.R, A STUDY ON POWER AND FUNCTIONS OF CIVIL SERVICE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 224-232, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The civil service in India serves as the backbone of the country. It helps in responsibility for the implementation of government policies and administration of public services. This study explains the powers and functions of the Indian civil services and it also highlights its significant role in policy formulation, public service delivery, ensuring accountability, law and order maintenance, regulatory activities and public welfare. In India the civil servants hold executives, financial, and quasi -judicial powers that allow them to effectively manage various sectors of the government. The paper explains about the constitutional provision, legislative framework, and governing institutions like IAS, IPS, IFS. Through an in-depth examination of their roles, responsibility and functions the study underscores the significance of civil servants in ensuring effective governance and development in India.

KEYWORDS Civil servants, India, Governance, public administration, policy frameworks and public administration.

COMPARATIVE ANALYSIS OF FREEDOM OF PRESS BETWEEN INDIA AND UNITED STATES OF AMERICA

AUTHOR – AJITESH KUNDER, STUDENT, AMITY LAW SCHOOL, NOIDA

BEST CITATION – AJITESH KUNDER, COMPARATIVE ANALYSIS OF FREEDOM OF PRESS BETWEEN INDIA AND UNITED STATES OF AMERICA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 218-224, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This comparison highlights the key differences in press freedom between India and the USA, shaped by their distinct legal frameworks, political environments, and cultural contexts. While the U.S. enjoys strong protections under the First Amendment, offering robust freedom and limited government interference, India’s media operates under Article 19(1)(a) with more restrictions related to security, morality, and public order. Though both countries have laws and judicial precedents backing freedom of press yet have a significant difference in the rankings of World Freedom of Press Index, with India far below USA. This paper, with the method of doctrinal research aims to highlight the differences between press freedom in India and USA and highlight the shortcomings in Indian system, which makes US media more independent and free from restrictions.

Keywords: India, USA, Media, Freedom, Speech, Expression, Comparison.

THE RIGHT TO SOCIAL SECURITY: A CRITICAL OVERVIEW

AUTHOR – MR. ABHISHEK SINGH* & MS. ANUSREE S**, STUDENT* AND ASSISTANT PROFESSOR** AT RAMAIAH INSTITUTE OF LEGAL STUDIES, BENGALURU

BEST CITATION – MR. ABHISHEK SINGH & MS. ANUSREE S, THE RIGHT TO SOCIAL SECURITY: A CRITICAL OVERVIEW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 211-217, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The 1948 United Nations Universal Declaration of Human Rights asserts that social security is an inalienable human right. The general definition of Social Security is to repair and compensate for all social risks that threaten the lives of individuals and families. In a more general sense, social security is a set of legal actions taken by public entities to protect income following retirement, unemployment, old age, disability, loss of guardian, homelessness, disease, and death, and to ensure the well-being of individuals and families by providing public services such as health, housing, and so on. In this article, an attempt is made to present some of the key determinants of social security, the definitions as well as its legalization process, and the results and obligations of the government and international obligations arising from this process.  Because of the importance and necessity of social security and its association with fundamental human rights such as the right to life, it is a fundamental right of human rights.Keywords: social security, administration, legal aspects, human rights, coverage, international

PUBLIC PARTICIPATION IN DECISION-MAKING IN ADMINISTRATIVE RULE-MAKING

AUTHOR – CHARLENE PEARL. C, STUDENT AT TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – CHARLENE PEARL. C, PUBLIC PARTICIPATION IN DECISION-MAKING IN ADMINISTRATIVE RULE-MAKING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 201-210, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

This paper discusses the importance of public participation in administrative rule-making for democratic governance and responsive policy-making. It identifies several barriers to meaningful citizen engagement in India including low public awareness of rule-making procedures and digital platforms, language barriers, the digital divide, short consultation periods, bureaucratic inefficiencies and resistance to feedback, dominance by elite and interest groups, lack of follow-up on public comments, socio-economic inequalities, political influences, a fragmented legal framework, and insufficient awareness of the Right to Information (RTI) Act. The paper aims to comprehensively understand these obstacles and offer recommendations to enhance inclusivity, transparency, and effectiveness in India’s rule-making processes.

Keywords: Public Participation, Administrative Rule-Making, Democratic Governance, Citizen Engagement, Barriers to Participation, Digital Divide, Bureaucratic Inefficiencies, Socio-Economic Inequalities, Right to Information (RTI) Act, Transparency.

LEGAL REFORMS REQUIRED IN JUDICIARY

AUTHOR – AKSHIT DWIVEDI, B.A. LL.B. (HONS.), HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR

BEST CITATION – AKSHIT DWIVEDI, LEGAL REFORMS REQUIRED IN JUDICIARY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 194-200, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

What challenges the Indian judiciary is a system hailed earlier as a robust protector of the rule of law and fundamental rights. The case of Vishnu Tiwari vs. the State of UP presents such challenges by showcasing the human cost due to judicial flaws and systemic inefficiencies. The present paper mirrors the structural and functional problems of the system, including case backlogs, corruption, and lack of accountability. In this context, it engages in an in-depth analysis of the Indian judicial system with an emphasis on demonstrating the urgent need for comprehensive reforms in the judiciary by bringing out the Vishnu Tiwari case. It recommends improving judicial accountability through evaluation, setting up an independent Judicial Appointments Commission, improvement in case management systems, and augmentation in legal aid services. Comparative lessons from jurisdictions such as the UK, the US, and Canada offer valuable insights for reforming the Indian judiciary. Finally, the paper concludes that this meaningful reform is not only a requirement for speeding up justice delivery, but it is also required for regaining public confidence in the judiciary’s effective and just delivery of justice.

Keywords: Indian Judiciary, Judicial Reforms, Vishnu Tiwari case, Case backlog, Judicial accountability, Legal aid case management, Judicial appointments, Comparative analysis, Justice delivery.

A CRITICAL STUDY ON RIGHT TO INFORMATION ACT 2005

AUTHOR – HARISUDHAN  N & JAIADITHYA K, TAMIL NADU DR. AMBEDKAR LAW UNVERSITY (TNDALU), SCHOOL OF EXCELLENCE IN LAW (SOEL).

BEST CITATION – HARISUDHAN  N & JAIADITHYA K, A CRITICAL STUDY ON RIGHT TO INFORMATION ACT 2005, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 189-193, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Right to Information Act of 2005 in place of Freedom of Information. An important legislation for Indians in promoting transparency and accountability in the working of public authorities. This confers the right to information upon Indian citizens except there would be the afore said exemptions under Section 8. The Act requires that a response to the application be given within 30 days, urgent matters are responded to expedited. Although the Act has played a role in improving transparencies, curbing corruption, and adding power to the people, it still poses problems like exploitation of information, increased bureaucratic workload, and impacts on decision-making. Issues such as poor record-keeping, insufficient staffing of information commissions, and the misuse of information further hinder its effective implementation. The article discusses these issues, provides case studies, and proposes suggestions for improvement, such as simplifying the application process, ensuring proactive disclosure, strengthening information commissions, and raising public awareness. Addressing these challenges is crucial for maximising the RTI Act’s effectiveness in fostering a transparent and accountable governance system.

Keywords: Right to Information Act, transparency, accountability, public authorities, exemptions, bureaucratic challenges, information commissions, case studies, legislative reforms.

UNPLUGGING FROM WORK: UNDERSTANDING THE RIGHT TO DISCONNECT

AUTHOR – DR R P YADAV, ASSOCIATE PROFESSOR AT SHARDA UNIVERSITY, GREATER NOIDA, UTTAR PRADESH

BEST CITATION – DR R P YADAV, UNPLUGGING FROM WORK: UNDERSTANDING THE RIGHT TO DISCONNECT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 184-188, APIS – 3920 – 0001 & ISSN – 2583-2344.

AUTHOR

The Right to Disconnect is increasingly becoming important in today’s world due to the rapid growth of technology and digital communication tools, which have not only blurred the boundaries between work and personal life but also gave rise to health issues. Nowadays, as a result of smartphones and employees receiving emails and instant messages on what seems like an always-on basis even outside of their nominal work day, many employees feel they are expected to be reachable at all times. The continuous interconnectedness can result in a range of health and mental issues such as pressure, anxiety, and burnout hence because employees cannot completely unplug from their work. In this manner, the policy also establishes firm boundaries that provide employees with a return of personal time and ergonomic benefits important for mental and physical wellness. This article explores the possibilities of developing a new work culture where work and life both can be balanced and simultaneously better productivity can be obtained.

Keywords—Efficiency, productivity, Motivation,   Stress reduction, Communication, Dispute Resolution, work- life balance

REVITALIZING ROOTS: PROTECTING TRADITIONAL KNOWLEDGE & LEVERAGING IPR FOR SUSTAINABLE DEVELOPMENT

AUTHOR – AABHA SHARMA, STUDENT AT FACULTY OF LAW, DELHI UNIVERSITY

BEST CITATION – AABHA SHARMA, REVITALIZING ROOTS: PROTECTING TRADITIONAL KNOWLEDGE & LEVERAGING IPR FOR SUSTAINABLE DEVELOPMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 178-183, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper examines the significance of traditional knowledge (TK) in India. Traditional knowledge encompasses the collective wisdom, practices, and innovations developed over generations, closely tied to cultural identity and ecological stewardship. India’s diverse ecosystems and cultural richness present a vast reservoir of Traditional Knowledge, with critical applications in agriculture, medicine, artisanal crafts, and cultural expressions. However, this invaluable heritage faces numerous challenges, including biopiracy, loss of biodiversity, cultural erosion, and inadequate legal protections. Efforts by the World Intellectual Property Organization (WIPO) and other international frameworks aim to safeguard Traditional Knowledge, emphasizing the need for both defensive and positive protection strategies. Recent developments, such as the WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge, seek to enhance legal clarity and community rights. Despite these advancements, criticisms highlight the treaty’s limitations, including its lack of enforcement mechanisms and a generalized approach that may not cater to the diverse needs of various indigenous groups. This paper also explores the crucial role of NGOs and grassroots initiatives in documenting traditional practices, building community capacities, and advocating for policy reforms. Ultimately, preserving traditional knowledge is vital for maintaining cultural heritage and promoting sustainable development in the face of modernization and globalization. The paper concludes that prioritizing the protection of traditional knowledge is essential for safeguarding cultural identity and enhancing ecological resilience in India.

A STUDY ON IMPACT OF ARTIFICIAL INTELLIGENCE ON RIGHT TO PRIVACY IN INDIA

AUTHOR – ROHITH S B & SETHUPRIYA N, STUDENT AT THE TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY

BEST CITATION – ROHITH S B & SETHUPRIYA N, A STUDY ON IMPACT OF ARTIFICIAL INTELLIGENCE ON RIGHT TO PRIVACY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 170-177, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Artificial Intelligence (AI) is a concept which is an intelligence artificially exhibited by computer systems which were previously unique to mankind. It is the ability to imitate humans, such as using language, image, recognition, making predictions, learning, problem-solving, ability to move and manipulate objects on their own by computers. Huge volumes of data are crucial for AI system. The AI algorithms can analyze and provide solutions to complex problems without any human interference. Through machine learning, AI systems are fed with data from pre-existing datasets that by using algorithms that helps in predicting the desired output. The data includes locally available data from end users of any platform which are all connected through the Internet. The data may be public or private data. The AI sorts out the sensitive personal data from inferencing other data which infringed the privacy rights of an individual. With growing modernization and integration of AI into different sectors, it has benefitted in lots of way. However, the easy access to the personal data by AI has raised legal and ethical difficulties which requires for ensuring a balance between technology and fundamental rights. The fundamental right of privacy envisaged under Article-21 of the Constitution of India has been a major concern in the digital age of AI. Since there is no proper legal framework which specifically governs AI related legal issues, there is need for a comprehensive legal framework to regulate and provide for safeguarding the privacy rights of an individual. The evolution of privacy and laws relating to it and the impact of AI on privacy in India will be discussed in this article.

KEYWORDS: Artificial Intelligence, Constitution, Data, Digital, Privacy