Category: Volume 5 and Issue 5 of 2025

COMPARATIVE ANALYSIS OF ‘REVERSE PIERCING OF CORPORATE VEIL’ WITH THE TRADITIONAL VEIL LIFTING CONCEPT

AUTHOR – KHUSHI VERMA* & Dr. AXITA SRIVASTAVA**,

*STUDENT AT AMITY UNIVERSITY LUCKNOW

** PROFESSOR AT AMITY UNIVERSITY LUCKNOW

BEST CITATION – KHUSHI VERMA & Dr. AXITA SRIVASTAVA, COMPARATIVE ANALYSIS OF ‘REVERSE PIERCING OF CORPORATE VEIL’ WITH THE TRADITIONAL VEIL LIFTING CONCEPT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 647-656, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

Conventional legal theory states that a stockholder’s exercise of corporate power does not expose them to responsibility beyond the firm’s assets.¹ This concept of corporation limited responsibility is “deeply imbued” in American legal and economic institutions. ² It is essential to consider the advantages of judicially recognising a corporation as a separate legal entity, such as how it can encourage shareholder investment by lowering investor risk exposure.³ There are limitations to limited liability, though. Courts will use the “equally fundamental principle” of piercing the corporate veil when a corporation is used as a liability shield or for an illegal business goal.⁴

One must “pierce the corporate veil” in order to hold a shareholder responsible for the corporation’s activities.⁵ Although exact definitions differ by state, courts will dismiss the corporate entity (or pierce the corporate veil) when it is proven that a corporation is a “alter ego.” A corporation is regarded as an alter ego when it is used as a “mere instrumentality for the conduct of [the shareholders’] affairs without regard to separate and independent corporate existence.” ⁶ The “primary objective” of traditional veil piercing is achieving equity. (sometimes referred to as “traditional piercing”). ⁷ Less frequently done is the reverse piercing of the corporate veil. Where the corporate veil is available, both firm insiders and external third parties have the option to reverse pierce it.

INTERNATIONAL SCENARIO OF COPYRIGHT LAW AND INFRINGEMENT: AN OVERVIEW OF U.K AND U.S.A LAW

AUTHOR – AARISH HASAN, STUDENT AT AMITY UNIVERSITY NOIDA

BEST CITATION – AARISH HASAN, INTERNATIONAL SCENARIO OF COPYRIGHT LAW AND INFRINGEMENT: AN OVERVIEW OF U.K AND U.S.A LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 642-646, APIS – 3920 – 0001 & ISSN – 2583-2344.

Statute of Anne , 1709

The Statute of Anne, also known as the Copyright Act of 1709 8 Anne c.21 or, in full, An Act for the Encouragement of Learning by Vesting the Copies of Printed Books in the Authors or Purchasers of Such Copies, During the Times Therein Mentioned, was passed by the British Parliament in 1709. The first copyright law in the United Kingdom and the first comprehensive copyright law in the entire globe, it was named after Queen Anne of Great Britain. It was passed during the regnal year of 1709–1710, and it became effective on April 10 of the same year. ^[1]

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[1] The Statute of Anne: The First Copyright Statute , https://www.historyofinformation.com/detail.php?

ONE NATION, ONE ELECTION

AUTHOR – ROLLY TYAGI, STUDENT AT AMITY UNIVERSITY NOIDA, UTTAR PRADESH

BEST CITATION – ROLLY TYAGI, ONE NATION, ONE ELECTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 634-641, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The concept of “One Nation, One Election” (ONOE) proposes the simultaneous conduct of elections to the Lok Sabha and all State Legislative Assemblies. This idea, although currently debated as a reformative electoral policy, is not a new phenomenon in the Indian context. In fact, simultaneous elections were a reality during the initial decades following India’s transformation into a republic in 1950. However, due to premature dissolutions of state assemblies and the Lok Sabha, the synchronized electoral cycle was disrupted by the late 1960s. Since then, India has witnessed a continuous cycle of elections, with some part of the country almost always in election mode. This fragmented electoral timeline has given rise to various challenges, including frequent imposition of the Model Code of Conduct (MCC), diversion of administrative resources, and short-term populist policy-making.

The rationale behind ONOE lies in its potential to improve governance efficiency, reduce fiscal expenditure, and enhance voter participation. By consolidating elections, the policy aims to minimize the repeated administrative burden, lower campaign costs for political parties, and reduce policy paralysis during the MCC period. However, implementing this reform also presents significant constitutional, logistical, and political challenges. India’s federal structure, the autonomy of state governments, and constitutional provisions such as Articles 83(2) and 172(1), which define the terms of the Lok Sabha and State Assemblies, pose hurdles to enforcement. The requirement of constitutional amendments, legal restructuring, and political consensus makes ONOE a complex policy reform.

Global examples offer a mixed picture. Countries like South Africa and Sweden have successfully adopted synchronized electoral systems, whereas others like Germany follow staggered models that preserve local autonomy and ensure continuous democratic engagement.

Stakeholders in India including political parties, constitutional experts and civil society organizations hold divergent views on ONOE. While some advocate it as a step toward democratic efficiency and electoral simplification, others caution against potential disruptions to democratic plurality and state autonomy.

The debate on One Nation, One Election reflects a broader tension between administrative efficiency and democratic inclusiveness. While the proposed reform holds potential benefits, its successful implementation demands careful calibration, extensive consultation, and robust institutional preparedness. Any move toward synchronized elections must respect the foundational principles of federalism and democracy as enshrined in the Indian Constitution.

UNIFORM CIVIL CODE AND ITS APPLICABILITY IN THE INDIAN CONTEXT

AUTHOR – MOLLY TYAGI, STUDENT AT AMITY UNIVERSITY NOIDA, UTTAR PRADESH

BEST CITATION – MOLLY TYAGI, UNIFORM CIVIL CODE AND ITS APPLICABILITY IN THE INDIAN CONTEXT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 627-633, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Uniform Civil Code (UCC) remains one of the most debated and significant legal propositions in India, rooted in the constitutional vision of equality, justice, and national integration. Enshrined in Article 44 of the Directive Principles of State Policy in the Indian Constitution, the Uniform Civil Code (UCC) seeks to replace personal laws based on religious doctrines with a single, uniform set of laws governing civil matters such as marriage, divorce, inheritance, and adoption applicable to all citizens, regardless of their religion or community. While the goal of legal uniformity aims to ensure gender justice and uphold the secular character of the nation, its implementation continues to face considerable challenges due to India’s pluralistic and diverse socio-religious landscape.

Despite efforts to modernize certain aspects of these laws, especially within Hindu and Muslim personal laws have remained largely uncodified, resulting in significant disparities in the rights and protections available to individuals, particularly women. The judiciary in India has played a pivotal role in highlighting the need for a Uniform Civil Code (UCC) through landmark judgments such as Mohd. Ahmed Khan v. Shah Bano Begum, Sarla Mudgal v. Union of India, and Shayara Bano v. Union of India. These cases brought attention to discriminatory practices in personal laws and emphasized the need to align them with constitutional values like equality and justice. However, judicial pronouncements alone have not been sufficient to bring about legislative action on the Uniform Civil Code (UCC).

Arguments in favour  include its potential to promote gender equality, protect individual rights, and foster national unity by eliminating legal distinctions based on religion. Supporters contend that it would provide equal treatment under the law for all citizens and serve as a crucial step toward a truly secular state. On the other hand, opponents argue that it could infringe upon the right to religious freedom guaranteed under Article 25 of the Constitution.

This article examines the historical, constitutional, and socio-legal dimensions of the Uniform Civil Code (UCC), focusing on its applicability in the Indian context.

EVALUATING THE IMPACT OF GENERATIVE AI ON EFFICIENCY AND ETHICAL PRACTICES IN CORPORATE LEGAL DIVISIONS

AUTHOR- MANYATA DAVE* & DR MAYURA SABNE**,

* STUDENT AT FACULTY AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

** ASSISTANT PROFESSOR AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

BEST CITATION – MANYATA DAVE & DR MAYURA SABNE, EVALUATING THE IMPACT OF GENERATIVE AI ON EFFICIENCY AND ETHICAL PRACTICES IN CORPORATE LEGAL DIVISIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 619-26, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The influences of Generative Artificial Intelligence (GenAI) on corporate legal divisions form the core subject of this research paper through an assessment of efficiency alongside ethical implications. AI adoption within the legal sector has done away with conventional practices through its ability to automate standard operations which include contract assessment and compliance oversight and legal investigation tasks. The deployment of Generative Artificial Intelligence brings essential legal and ethical complications because it affects data security along with creating biased algorithms and demands protocols for responsibility and system clarity. The research design incorporates doctrinal and empirical methods to analyze the two-sided effects that GenAI generates in legal operational systems. This study examines GenAI benefits and challenges along with governance requirements for legal settings by analyzing industry data and case law as well as regulatory guidelines and survey insights. Reliable governance policies together with ethical rules and permanent human control systems must exist to allow responsible GenAI technology integration into legal workplaces.

Keywords – Generative AI, Corporate Legal Divisions, Legal Ethics, AI Efficiency, Legal Compliance, AI Governance

ASSESSING THE EFFICACY OF SEBI IN REGULATING CAPITAL MARKETS: A CRITICAL ANALYSIS OF INVESTOR BEHAVIOUR AND MARKET INTEGRITY

AUTHORS – YASH PAREKH* & DR. MAYURA SABNE**

* STUDENT AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

** ASSISTANT PROFESSOR OF LAW, UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

BEST CITATION – YASH PAREKH & DR. MAYURA SABNE, ASSESSING THE EFFICACY OF SEBI IN REGULATING CAPITAL MARKETS: A CRITICAL ANALYSIS OF INVESTOR BEHAVIOUR AND MARKET INTEGRITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 605-618, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Indian Capital Markets and its regulator, the Securities and Exchange Board of India (SEBI) forms a very robust structure for our country’s economy and its citizens alike. This research paper will critically analyze the effectiveness of our market regulator SEBI and will have specific emphasis on the Investor Behaviour and Market Integrity being challenged through the emerging issue of Financial Influencers, more commonly referred to as “Finfluencers” in this new age of investment aimed at influencing the youth for ulterior motives. The paper will focus on the insights of the concept of Indian Capital Markets, the Regulatory Landscape, concept of Finfluencers and the risks they pose and certain recommendations in curbing this emerging problem that sways investor behaviour and the market’s integrity in regulating this issue. Investor Behaviour is the highlight of this research as it is based on the rapid emergence of young investors triggered by the Covid-19 pandemic and the prospects of earning quick equity and returns.  This research will also emphasize upon the need for a robust regulatory framework especially for safeguarding young investors from herd mentality and panic selloffs. This research brings academic understanding between behavioral finance and regulatory oversight and digital media systems which generates beneficial information for policymakers to handle financial regulation challenges during digital times. The findings suggest that regulators should implement specific changes to support market equilibrium while keeping investor trust intact and solve the problems caused by finfluencers within Indian capital market transformations. The main emphasis focus of this paper involves in the stringency and need of a robust regulatory mechanism to combat such emerging challenges and issues.

Keywords: Investor Behaviour, SEBI, Finfluencers, Market Integrity, Robust Regulatory Framework

LEGAL FRAMEWORK GOVERNING AI AND DATA PROTECTION

AUTHOR – ANSA ELCY ALEX, STUDENT AT AMITY LAW SCHOOL

BEST CITATION – ANSA ELCY ALEX, LEGAL FRAMEWORK GOVERNING AI AND DATA PROTECTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 598-604, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Digital Personal Data Protection Act (DPDP Act): A New Era for DataProtection in India
The DPDP Act (Digital Personality Personal Data Protection), 2023,represents an important step in regulating data protection in the country.The aim is to protect individual personal data and at the same time,ensuring that advances in businesses and technological developments,including artificial intelligence (AI), can thrive responsibly. In contrast tothe European Union’

General Data Protection Ordinance (GDPR), whichincludes detailed guidelines for AIrelated data processing, the DPDP Actis not explicitly mentioned. However,  principles and obligations apply toAIcontrolled data processing, which presents important legal andregulatory challenges.In 2022, the Indian government introduced the Digital Personal DataProtection Act (DPDP Act), a comprehensive law to protect the personaldata of Indian citizens. The law is a major change in India’s approach todata protection, highlighting the need for transparency, accountabilityand user consent^[1]The DPDP Act determines several important provisions that must becompliant with the organization that processes personal data. TheseincludeMemos and Approvals: Organizations must clearly and accurately notifyyou of a clear and accurate notice of the collection and use of personaldata and obtain consent before processing such data.^[2]
 Minimizing Data: Organizations simply collect and process  personal datanecessary for the purposes specified in the communication.^[3]– Data Protection according to Draft and Standard Settings:Organizations must implement data protection principles and protectionmeasures throughout the  lifecycle of their personal data and ensure thatthe standard settings for products and services are privacy.^[4]

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[1] Digital personal data protection act , 2022 (india )

[2] Digital personal data protection act , 2022 (india )section 5

[3] Digital personal data protection act , 2022 (india )section 6

[4] Digital personal data protection act , 2022 (india )section 7

IMPACT OF MATERNITY BENEFITS ON WOMEN WORKFORCE

AUTHOR – AVANTIKA S, STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY (SOEL)

BEST CITATION – AVANTIKA S, IMPACT OF MATERNITY BENEFITS ON WOMEN WORKFORCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 589-597, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The Maternity Benefit Act, 1961 is an Act to regulate the employment of women in certain establishments for certain periods before and after childbirth and to provide for maternity benefit and certain other benefits.^[1] This Act aims to protect the health and employment of women during pregnancy and after childbirth. One such crucial step towards betterment of working pregnant women and new mothers was the 2017 amendment to the Maternity Benefits Act, 1961.Introduction of this Act aimed at strengthening and modernizing the existing law in response to changing societal and workforce dynamics. With more women joining formal employment and increasing awareness of maternal and child health, the original provisions were seen as insufficient. This paper analyses the impact of The Maternity Benefit Act, 1961 (Amendment in 2017) on the women workforce and points out the positive and negative outcomes of these legal benefits ensured to the working pregnant women and new mothers.

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[1] Maternity Benefit Act, 1961, No. 53 of 1961, § Preamble, India Code (1961)

ANTI COMPETITIVE CONCERNS IN MERGERS AND ACQUISITION

AUTHOR – SMRITI PRIYA* & DR. KRITIKA NAGPAL**

* STUDENT AT AMITY LAW SCHOOL, NOIDA

**ASSISTANT PROFESSOR AT AMITY UNIVERSITY, NOIDA

BEST CITATION – SMRITI PRIYA & DR. KRITIKA NAGPAL, ANTI COMPETITIVE CONCERNS IN MERGERS AND ACQUISITION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 578-588, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Mergers and acquisitions (M&A) are at the heart of a firm’s expansion and development in the market, but are accompanied by the main risks of anti-competitive behavior that can erode consumer well-being and market efficiency. This article addresses the interconnection between competitive legislation and corporate governance in the regulation and prevention of such anti-competitive mergers and acquisitions transactions. This discusses the regulatory regimes governing the mergers and acquisitions activities of the key jurisdictions, that is India, the United States, the European Union and the United Kingdom, with reference to the Competition Authorities including the Competition Commission of India (CCI), the Federal Trade Commission (FTC) and the European Commission (EC) in their role of regulating mergers. Drawing on comparative analysis of past cases, this article concludes the effectiveness of current rules and governance practices in preventing anti-competitive conduct. The study pinpoints significant regulatory loopholes and enforcement issues, and offers suggestions to enhance corporate governance standards and anti-trust application procedures. The present research adds to a broader argument regarding balancing corporation interests with market competition, ensuring that the policy of merger and acquisition enhances economic growth and innovation without compromising on competition.

Keywords:  Anti Competitive Practices, Mergers and Acquisition, Corporate Governance.

COMPARATIVE STUDY OF PREVENTIVE DETENTION AND HUMAN RIGHTS IN INDIA AND UNITED KINGDOM

AUTHOR – ARPIT KUMAR YADAV* & DR. JYOTI YADAV**

* STUDENT AT LL.M (CRIMINAL LAW) AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – ARPIT KUMAR YADAV & DR. JYOTI YADAV, COMPARATIVE STUDY OF PREVENTIVE DETENTION AND HUMAN RIGHTS IN INDIA AND UNITED KINGDOM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 704-714, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT –

This research paper critically examines the legal frameworks governing preventive detention in India and the United Kingdom, focusing on the complex interplay between national security concerns and the protection of fundamental human rights. In both countries, preventive detention laws have evolved in response to threats like terrorism and political unrest. However, their implementation raises significant concerns regarding individual liberties, primarily the right to personal freedom, fair trial, and access to justice.

In India, preventive detention is governed by constitutional provisions, particularly Article 22, and is further reinforced by legislation such as the National Security Act (NSA) and the Unlawful Activities (Prevention) Act (UAPA). Despite the existence of safeguards like Advisory Boards, the Indian legal framework often faces criticism for misuse in politically motivated cases and lack of transparency.

Similarly, the United Kingdom’s preventive detention laws, influenced by counter-terrorism measures, have raised critical human rights issues, especially related to indefinite detention without trial under the Terrorism Act (2000). The country’s compliance with the European Convention on Human Rights has been challenged, particularly regarding the right to liberty and security.

This paper provides a comparative analysis of both legal systems, evaluating the strengths and weaknesses of their preventive detention laws and suggesting reforms to better protect human rights while addressing national security concerns.

Keywords: Preventive Detention, National Security, Human Rights, India, United Kingdom, Constitutional Provisions, National Security Act (NSA), Unlawful Activities (Prevention) Act (UAPA), Terrorism Act (2000), European Convention on Human Rights, Right to Liberty, Fair Trial, Political Unrest, Counter-Terrorism, Judicial Review, Safeguards, Legal Framework, Fundamental Rights, Indefinite Detention, Human Rights Violations.