Category: Volume 5 and Issue 10 of 2025

COMPETITIVE ISSUES IN RENEWABLE ENERGY MARKET

AUTHOR – SAUMYA SHUKLA, STUDENT AT GALGOTIAS UNIVERSITY

BEST CITATION – SAUMYA SHUKLA, COMPETITIVE ISSUES IN RENEWABLE ENERGY MARKET, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 460-467, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Renewable energy is not just an environmental imperative but a strategic lever for nations to strengthen their global position and emerge as a sustainable global economy. The global crises of depleting fossil fuels and natural resources has pointed towards shift to renewable sources. The Renewable energy sector which was a Government owned sector has been reformed to offer a level playing field in order to invite competition in the sector.The report aims to determine the renewable energy sector through the competitive lens.The concept of renewable energy offers better quality and efficient set up of energy generation that raises a competition in the sector.The private sectors are playing vital role in transformation, innovation, scaling manufacturing and building infrastructure for the energy needs and hence the main objective of the report is to identify the barriers that occur in the entry of such players in the market.The dominance of different existing players along with the dependence of the sector on such players has been identified through the report.The report hence determines the issues of competition in the sector by analyzing the provisions , guidelines and sectoral framework on both state and central level to ensure”fair competition for the greater good.”Keywords: Renewable energy, imperfect competition, barriers, market players

MARATHA RESERVATION AND THE CONSTITUTION: NAVIGATING THE LINE BETWEEN EQUITY AND POLITICS

AUTHOR – JAGDISH WAMANRAO KHOBRAGADE* & ANUJ KHANDARE**

* ASSISTANT PROFESSOR OF LAW AT MAHARASHTRA NATIONAL LAW UNIVERSITY NAGPUR

** ADVOCATE, SUPREME COURT OF INDIA

BEST CITATION – JAGDISH WAMANRAO KHOBRAGADE & ANUJ KHANDARE, MARATHA RESERVATION AND THE CONSTITUTION: NAVIGATING THE LINE BETWEEN EQUITY AND POLITICS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 455-459, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The recent enactment of the Maharashtra State Reservation for Socially and Educationally Backward Classes Bill, 2024, which grants a 10 percent reservation to the Maratha community in government jobs and educational institutions, has once again brought the contentious issue of caste-based reservations to the forefront of legal and political discourse in India. This legislation, supported by the Maharashtra Backward Class Commission seeks to address perceived socio-economic disadvantages within the Maratha community. However, it directly challenges the constitutional framework established by the Supreme Court in Jaishri Laxmanrao Patil v. State of Maharashtra (2021), where the Maratha quota was invalidated for breaching the 50 percent reservation cap laid down in the landmark judgment of Indra Sawhney v. Union of India (1992). This paper provides a comprehensive analysis of the historical evolution of Maratha reservations, the constitutional limitations imposed by judicial precedents, and the implications of recent constitutional amendments, including the 102nd and 103rd Amendments. Further, it critically evaluates the political motivations behind extending reservations to socially and educationally progressive but electorally significant communities such as the Marathas, assessing the tension between the principles of social justice and equality of opportunity enshrined in Articles 15 and 16 of the Indian Constitution. The study underscores the need for a nuanced and data-driven approach to affirmative action, ensuring that reservation policies serve their original purpose of uplifting historically marginalized groups without compromising constitutional safeguards or diluting the ethos of social equity..
Keywords: Maratha Reservation, Constitutional Validity, Fundamental Rights.

FUTURE PROSPECTS OF EUROPEAN DEFENSE POST NATO SUMMIT -2025

AUTHOR – DR.SATISH KARAD, ASSO.PROFESSOR AT INDRARAJ ARTS,COMMERCE AND SCIENCE COLLEGE, SILLOD

BEST CITATION – DR.SATISH KARAD, FUTURE PROSPECTS OF EUROPEAN DEFENSE POST NATO SUMMIT -2025, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 526-530, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

 At the recently concluded North Atlantic Treaty Organisation (NATO) Summit in the Netherlands, member nations pledged to allocate 5 percent of GDP to defense, exceeding the current threshold of 2 percent by more than double. The updated baseline of 5 percent is to be attained within the next decade, with a progress review planned for 2029. This Paper focuses on implications of defense spending by NATO members.
Preface-
The 2025 NATO Summit occurred in The Hague from June 24 to 25. The assembly convened the Heads of State from all 32 member nations, representatives from the European Union (EU), and select partner countries to discuss security and defense challenges confronting the alliance. The principal focus of the Summit was the commitment by member nations to elevate their defense expenditures to 5 percent of GDP, exceeding the existing target of 2 percent by more than double. This issue brief encapsulates the principal outcomes of the NATO Summit 2025 and delineates the current contributions of member states, contextualizing the evolving dynamics of European defense following the Russia-Ukraine War.

TYPES OF PUNISHMENT UNDER THE BHARATIYA NYAYA SANHITA, 2023: A COMPREHENSIVE LEGAL ANALYSIS

AUTHOR– MANAS SHUKLA* & TANU AGARWAL**

* STUDENT BBA LLB(H), AMITY UNIVERSITY, LUCKNOW

** ASSISTANT PROFESSOR, AMITY LAW SCHOOL LUCKNOW CAMPUS, AMITY UNIVERSITY, LUCKNOW

BEST CITATION – MANAS SHUKLA & TANU AGARWAL, ROLE OF TORTS IN CONSUMER PROTECTION AND PRODUCT LIABILITY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 144-151, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Bharatiya Nyaya Sanhita, 2023 (BNS), enacted to replace the colonial-era Indian Penal Code, 1860, marks a transformative shift in India’s criminal jurisprudence. This legislative reform reflects a conscious effort to modernize the punitive framework in line with constitutional values, evolving societal needs, and global trends in penology. Chapter II of the BNS (Sections 4 to 13) outlines the various forms of punishments available under the new regime, namely: death penalty, life imprisonment, rigorous and simple imprisonment, forfeiture of property, fine, and the newly introduced provision of community service. The inclusion of community service represents a significant shift towards restorative justice and the rehabilitation of offenders, particularly in cases involving petty or non-violent crimes. The paper critically examines the statutory scheme of punishments, emphasizing their gradation, proportionality, and judicial discretion. It further explores the procedural safeguards against arbitrary sentencing and solitary confinement, and analyzes enhanced punishment provisions for repeat offenders. Through a comparative lens with the Indian Penal Code, 1860, the study underscores the substantive and procedural advancements brought by the BNS. This analysis contributes to the broader discourse on criminal justice reform, advocating a balanced penal system that ensures deterrence, reformation, and fairness.

Keywords

Bharatiya Nyaya Sanhita 2023, types of punishment, criminal law reform, community service, solitary confinement, sentencing policy, proportionality, Indian Penal Code 1860, criminal justice, penal philosophy, enhanced punishment, imprisonment, restorative justice.

COMPARATIVE ANALYSIS OF IPC 1860 AND BNS 2023

AUTHOR– KRISHNENDRA SINGH* & TANU AGARWAL**

* STUDENT BBA LLB(H), AMITY UNIVERSITY, LUCKNOW

** ASSISTANT PROFESSOR, AMITY LAW SCHOOL LUCKNOW CAMPUS, AMITY UNIVERSITY, LUCKNOW

BEST CITATION – KRISHNENDRA SINGH & TANU AGARWAL, COMPARATIVE ANALYSIS OF IPC 1860 AND BNS 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 152-160, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The Indian Penal Code (IPC), enacted in 1860 during British colonial rule, remained the principal criminal statute in India for more than 163 years. Designed to serve colonial administrative interests, the IPC emphasized control over justice, with limited adaptation to evolving societal norms, technological developments, or indigenous values. Recognizing the urgent need to modernize and decolonize the penal system, the Bharatiya Nyaya Sanhita (BNS), 2023 was introduced and enacted by the Parliament to replace the IPC entirely. This research paper presents a comprehensive comparative analysis between the IPC and BNS, examining differences in legislative structure, terminology, classification of offences, and the philosophical underpinnings of criminal law.

Key features of the BNS include the repeal of outdated colonial provisions such as the sedition law, codification of new offences like organized crime and terrorism, recognition of digital and cybercrimes, and a more victim-centric approach to justice. Moreover, the BNS emphasizes gender neutrality, simplifies archaic language, and seeks to make the justice system more accessible and efficient for Indian citizens. The study also explores the implications of these changes on law enforcement, judicial interpretation, and access to justice. Overall, the transition from IPC to BNS signifies not just a statutory change, but a paradigm shift from colonial criminal jurisprudence to a progressive, inclusive, and constitutionally aligned legal framework.

Keywords: Indian Penal Code 1860 (IPC); Bharatiya Nyaya Sanhita 2023 (BNS); Comparative Criminal Law; Decolonization of Indian Law; Criminal Justice Reform; Legal Modernization in India; Victim-Centric Criminal Justice; Cyber and Digital Offences; Colonial Legacy and Indian Legal System; Gender Neutrality in Criminal Law; Sedition Law Repeal; Organized Crime and Terrorism Legislation; Access to Justice in India; Criminal Jurisprudence India; Law Reform in 21st Century India.

THE ELASTIC BOUNDARIES OF FREE SPEECH: A CONSTITUTIONAL STUDY OF ARTICLE 19(1)(A) AND ITS LIMITATIONS

AUTHOR- AAYUSH NAWALE, RASHTRA SANT TUKDOJI MAHARAJ NAGPUR UNIVERSITY’S DR. BABASAHEB AMBEDKAR COLLEGE OF LAW NAGPUR, (MAIN BRANCH) EMAIL – AAYUSHNAWALE0723@GMAIL.COM

BEST CITATION – AAYUSH NAWALE, THE ELASTIC BOUNDARIES OF FREE SPEECH: A CONSTITUTIONAL STUDY OF ARTICLE 19(1)(A) AND ITS LIMITATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 449-454, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Freedom of speech and expression, as enshrined in Article 19(1)(a) of the Indian Constitution, serve as a fundamental pillar of democratic governance and active citizenship. However, this right is not without limits; it is subject to the constraints outlined in Article 19(2), which permits the imposition of reasonable restrictions on the interests of India’s sovereignty and integrity, state security, public order, decency or morality, contempt of court, defamation, and incitement to an offense. This study aims to examine the constitutional framework of Article 19(1)(a), with a particular focus on its flexibility—its ability to adapt to new realities, technologies, and societal values. By delving into the judicial evolution through landmark judgments such as Romesh Thappar, Maneka Gandhi, Shreya Singhal, and Kedar Nath Singh, the paper assesses how the judiciary has defined the doctrinal boundaries of free speech. It also explores the interaction between Article 19(1)(a) and contemporary challenges, such as hate speech, sedition laws, and the regulation of digital platforms. The rise of social media has blurred the lines between private and public speech, necessitating the redefinition of rights and responsibilities in cyberspace. A comparative constitutional analysis with jurisdictions such as the United States, the United Kingdom, and Germany is conducted to situate India’s free-speech regime within a global context. The paper concludes by emphasizing the need to balance liberty with order, while upholding constitutional morality and democratic integrity. It advocates for nuanced jurisprudence capable of withstanding populist pressures and state overreach, ensuring that the right to free speech remains a strong safeguard of democratic discourse. Through doctrinal, historical, and comparative perspectives, this study reaffirms the critical importance of Article 19(1)(a) of contemporary constitutionalism.

Keywords: Freedom of Speech, Article 19(1)(a), Reasonable Restrictions, Indian Constitution, Judicial Interpretation, Hate Speech, Sedition, Democracy

THE IMPACT OF CORPORATE TAXATION ON BUSINESS INVESTMENT DECISIONS: A COMPARATIVE STUDY OF DEVELOPING AND DEVELOPED ECONOMIES

AUTHOR – MANSI PAL* & VATSAL CHAUDHARY**,

* STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA.

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – MANSI PAL & VATSAL CHAUDHARY, THE IMPACT OF CORPORATE TAXATION ON BUSINESS INVESTMENT DECISIONS: A COMPARATIVE STUDY OF DEVELOPING AND DEVELOPED ECONOMIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 445-448, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Corporate taxation plays a pivotal role in shaping business strategies, especially in the area of  investment decisions. This paper investigates the relationship between corporate tax rates and  investment behavior in both developing and developed economies. Drawing on data from OECD  and BRICS nations over the past two decades, the study analyzes how tax structures influence capital  allocation, foreign direct investment (FDI), and innovation expenditure. The findings indicate that  while lower corporate tax rates generally stimulate investment, the impact is significantly mediated  by the legal infrastructure, political stability, and enforcement mechanisms in place. In developing  countries, inconsistencies in tax enforcement and policy volatility tend to dampen the positive  effects of lower rates. Conversely, developed countries exhibit a more predictable response pattern,  with firms increasing reinvestment and R&D in response to tax incentives. The paper concludes by  recommending tailored tax reforms that consider institutional capacities and economic maturity to  enhance investment outcomes across different economies.

A STUDY ON CHALLENGES IN PROSECUTION OF POLICE OFFICERS FOR EXCESSIVE USE OF FORCE WITH REFERENCE TO TAMILNADU

AUTHOR – RA. HINIA MIRZHA & SANDHIYA SHREE. U,  STUDENTS AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS), CHENNAI

BEST CITATION – RA. HINIA MIRZHA & SANDHIYA SHREE. U, A STUDY ON CHALLENGES IN PROSECUTION OF POLICE OFFICERS FOR EXCESSIVE USE OF FORCE WITH REFERENCE TO TAMILNADU, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 429-444, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT:

Police accountability and the use of force are the basic concerns that form the public’s belief in the law enforcement department. The point of police officers using excessive force has been a prominent matter, particularly in societies Struggling for justice, equality, and Human rights. The excessive use of force by police have aroused public outcry and brought up crucial and fundamental questions about police accountability, in the place where enforcement of law has to serve and protect the public from police brutality. Notable cases in the state of Tamil Nadu have emphasized root causes in prosecuting police officers for excessive use of force. The Tamil Nadu Police (Reforms) Act, 2013, was a significant statutory effort to enhance accountability in accordance with orders and guidelines from the Supreme Court of India. However, challenges remain. The main aim of this research is to study the varied challenges in prosecuting police officers for excessive use of force. Different articles and books were referred for Review of literature relating to the use of force and police accountability. By incorporating a non-doctrinal research method, the study explores empirical observations and pragmatic suggestions to focus on the challenges. The samples collected from the general public through an online mode of survey with independent and dependent variables. Victims of police violence in Tamil Nadu are reluctant to report incidents due to fear of consequences, The legislations in Tamil Nadu are sufficient but not implemented properly to focus on police misconduct, separate Investigative departments are important in Tamil Nadu to ensure police accountability and reduce excessive force are the dependent variables used. Also have used statistical tools to interpret the data. The result observed from the study is that Fear of retaliation from the police, Inaccessibility of legal Aid are the main challenge for victims in reporting police violence. Strengthening accountability procedures and Improving transparency in investigations are two important aspects to resolve police misconduct. Instituting Independent oversight departments for police accountability and initiating Compulsory Human rights training for police officers are basic recommendations to decrease the instances of police misconduct.

Keywords : Accountability, prosecution, police officers, challenges, force.

RATIONALE BEHIND ADOPTING GST: PRE AND POST IMPLEMENTATION ANALYSIS

AUTHOR – YASHICA RATHOD, KES J’P LAW COLLEGE, MUMBAI UNIVERSITY

BEST CITATION – YASHICA RATHOD, RATIONALE BEHIND ADOPTING GST: PRE AND POST IMPLEMENTATION ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 420-428, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Taxation as a concept has existed in the globe for a long time, with historical references tracing back to ancient texts of Kautilya’s Artha Shastra. The system reflects the economic strength of a country as majority of the government’s revenue comes from taxes. India’s tax system after undergoing several revisions, adopted the Goods and Service Tax (GST) model. This research uses comparative analysis to study the rationale behind adopting the GST system in place of VAT. Earlier, various direct and indirect taxes were paid, which led to corruption and increased the burden on taxpayers. GST has helped accelerate the government’s revenue collection. This study intends to examine GST implementation, compliance, and benefits. It addresses challenges associated with tax avoidance and compliance. Secondly, it analyses the shift in tax rates and policies under GST in the real estate sector.

Key Words: GST · VAT · Tax Evasion · Real Estate

REVISITING THE BASIC STRUCTURE DOCTRINE: SAFEGUARDING INDIA’S CONSTITUTIONAL IDENTITY

AUTHOR – MANJUSHA BHENWAL, ASSISTANT PROFESSOR, ANJUMAN-I-ISLAM’S BARRISTER A R ANTULAY COLLEGE OF LAW. EMAIL – MANJUSHABHENWAL@GMAIL.COM

BEST CITATION – MANJUSHA BHENWAL, REVISITING THE BASIC STRUCTURE DOCTRINE: SAFEGUARDING INDIA’S CONSTITUTIONAL IDENTITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 412-419, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The doctrine of basic structure, championed by the landmark judgement Kesavananda Bharati v. State of Kerala (1973), has emerged as a critical guardian of constitutional supremacy in India[1]. This doctrine prevents the Parliament from altering the Constitution’s fundamental framework even through constitutional amendments. This research paper traces the evolution of this doctrine through significant judgments and scholarly discourse, exploring its legal status, strengths, ambiguities, and implications for democratic governance. Despite the doctrine’s central role in Indian constitutional law, research gaps remain in terms of its scope, consistency in judicial application, and comparative relevance. Employing doctrinal and analytical methodology, this paper delves into relevant case laws and academic perspectives. The study concludes with practical suggestions to refine the doctrine’s interpretation to preserve constitutional values amidst modern challenges.

Keywords: Indian Constitution, Constitutional Supremacy Basic Structure Doctrine, Constitutional Amendments, Constitutional Morality, Constitutional Identity, Judicial Review, Federalism in India, Secularism, Judicial Activism.

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[1] Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461.