Category: Volume 5 and Issue 6 of 2025

PUBLIC OPINION ON PRIVATIZATION OF PUBLIC COMPANY WITH SPECIAL REFERENCE TO CHENNAI

AUTHOR – MITHUN PRASATH K *

* 4TH YEAR BBA, LLB (HONS), SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS), CHENNAI- 600077 MOBILE NO: 8190076692 E-MAIL ID:MITHUNJONES13@GMAIL.COM

BEST CITATION – MITHUN PRASATH K, PUBLIC OPINION ON PRIVATIZATION OF PUBLIC COMPANY WITH SPECIAL REFERENCE TO CHENNAI, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 120-128, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Privatization of certain government functions occurs in a number of ways, but typically the government transfers ownership of certain facilities or business processes to a private company. Privatization generally helps governments save money and increase efficiency. Proponents of privatization argue that private firms run businesses more economically and efficiently because they have a profit incentive to eliminate wasteful spending. As a result of this public-private transaction, the company’s shares will be removed from the public exchange. The shares are no longer available to the public. While companies can be taken private for a variety of reasons, this often happens when the company is significantly undervalued in the public market. The main aim of this research is to know about the causes of the transition that takes a company from being publicly traded to becoming privately held in Chennai and to discuss all the impacts created by the privatization of public companies in Chennai. To discuss the benefits of the privatization of public companies to the government in Chennai and to examine the factors affecting the privatization of public companies in Chennai. The spreading awareness about the measure’s development of privatization of public companies in Chennai. The method of research has followed empirical research with a convenient sampling method. The sample size covered by the researcher is 200. The results of this research are that companies may be privatized for a number of reasons, but it often occurs when a company is substantially undervalued in the public market which basically benefits the respective government in many ways.

KEYWORDS: Privatization, Public companies, incentives, Investment, Investors.

JUDICIAL REVIEW OF AFSPA: BALANCING NATIONAL SECURITY WITH CONSTITUTIONAL RIGHTS

AUTHOR: – SHIVANI RAJARAM PATIL* & ASHOK DOBHAL**

* B.A.LL.B. (H), LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL – SHIVANIII0307@GMAIL.COM

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL – ASHOKDOBHAL19@GMAIL.COM

BEST CITATION – SHIVANI RAJARAM PATIL & ASHOK DOBHAL, JUDICIAL REVIEW OF AFSPA: BALANCING NATIONAL SECURITY WITH CONSTITUTIONAL RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 111-119, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The purpose of this research study is to investigate the judicial review of the Armed Forces (Special Powers) Act (AFSPA) in India, with a particular emphasis on the difficult balance that exists between constitutional rights and the constitutional imperatives of national security. The purpose of this research is to investigate the manner in which Indian courts have interpreted, sustained, curtailed, or amended the provisions of the Armed Forces Special Powers Act (AFSPA) by analysing key judgements, legal precedents, and constitutional principles. The essay provides an analysis and evaluation of the judicial strategy that is used in conflict-affected regions in order to reconcile concerns over security with protections for basic rights. The paper contends that although the courts have, for the most part, deferred to the discretion of the executive branch in matters pertaining to national security, they have simultaneously attempted to establish safeguards against potential rights violations. This has resulted in a dynamic equilibrium that is imperfect in nature between the requirements of security and the guarantees of the constitution.

Keywords: AFSPA, Judicial Review, National Security, Constitutional Rights, Supreme Court of India, Fundamental Rights

UNDERSTANDING ESG AND ITS LEGAL LANDSCAPE IN INDIA

AUTHOR – VASHNI ANGEL V* & DR. KRITIKA NAGPAL**

* BBA LL.B. (H) STUDENT AT AMITY LAW SCHOOL, NOIDA

** ASSISTANT PROFESSOR, AMITY UNIVERSITY, NOIDA

BEST CITATION – VASHNI ANGEL V & DR. KRITIKA NAGPAL, UNDERSTANDING ESG AND ITS LEGAL LANDSCAPE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 100-110, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research explores the evolving legal landscape of Environmental, Social, and Governance (ESG) compliance in India, with a specific focus on its integration into the luxury fashion industry and mergers & acquisitions (M&A). ESG, once a peripheral concern, has now become central to corporate strategy, investment decisions, and brand reputation. The study traces ESG’s global evolution anchored in frameworks such as the United Nations’ Who Cares Wins report, the Global Reporting Initiative (GRI), and the Principles for Responsible Investment (PRI) and contextualizes its Indian adaptation through the Securities and Exchange Board of India’s (SEBI) Business Responsibility and Sustainability Report (BRSR) mandate.

Through sector-specific analysis, the paper highlights the critical ESG risks within India’s luxury fashion industry, including environmental pollution from textile production, labor exploitation in informal artisanal clusters, and governance gaps in family-run businesses. The lack of ESG compliance exposes Indian brands to reputational and investment risks, especially as global scrutiny intensifies following incidents like the Birkin-style bag scandal in China.

The research underscores the growing importance of ESG in M&A due diligence, where non-financial metrics such as ethical sourcing, carbon footprint, and board governance now influence deal valuations and post-acquisition performance. It also addresses jurisdictional overlaps between the National Green Tribunal (NGT) and National Company Law Tribunal (NCLT), posing challenges in ESG enforcement. Furthermore, the study reveals gaps in ESG reporting, standardization, data credibility, and the lack of independent assurance, particularly among mid-tier companies and Micro, Small and Medium Enterprises (MSMEs).

The paper concludes by advocating for culturally contextualized ESG frameworks, improved digital traceability, third-party certifications, and stronger regulatory coordination. For Indian companies to remain competitive in global markets, embedding ESG into core business models is not just advisable it is imperative.

Keywords: Environmental, Social, and Governance (ESG); India; luxury fashion; mergers & acquisitions (M&A); Securities and Exchange Board of India (SEBI); Business Responsibility and Sustainability Report (BRSR); Global Reporting Initiative (GRI); Principles for Responsible Investment (PRI); corporate governance; sustainability; due diligence

THE PSYCHOLOGY OF CYBER TERRORIST – UNDERSTANDING MOTIVATION AND BEHAVIOUR

AUTHOR – ANKUR SHARMA* & DR. AISHWARYA PANDEY**

* STUDENT AT AMITY UNIVERSITY, LUCKNOW

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY, LUCKNOW

BEST CITATION – ANKUR SHARMA & DR. AISHWARYA PANDEY, THE PSYCHOLOGY OF CYBER TERRORIST – UNDERSTANDING MOTIVATION AND BEHAVIOUR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 96-99, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The study of the psychological aspect of cyber terrorists is a sensitive and broad subject that endeavours to uncover the causes of setting up cyber terrorists. The existing research in the field of cyber terrorism is further analyzed in this abstract concentrating on the psychological orientation of the cyber terrorists themselves including their reasons for the act, the manner they think and the behavioral characteristic they exhibit.

It is expectable that cyber terrorists act on basis of Sizes; Ideologies and & political reasons ; Money; Revenge^[1]. These motivations are the same as those of traditional terrorists but done via the use of technology. Lives will be at stake; emotional wellbeing will be affected; those on the receiving end become stressed, anxious and feel insecure^[2]. It is also worthy of note that cyber terrorists are intelligent, technical, and are usually associated with great risks. Furthermore, Both the narcissism, the need for acknowledgment or power may also contribute to their behaviours.

Knowledge of these psychological factors, therefore, is important if one has to come up with countermeasures and defenses against the problem. Understanding the psychological profile of cyber terrorists can therefore help officials design strategies to counter act threats from these groups. This abstract brings into perspective of the psychological perspectives that require integration to enhance the fight against cyber terrorism in the contemporary society.

Keywords : Cyber terrorist , Cyber terrorism , Radicalization , Psychological behaviour

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[1] “The Psychology of Cybercriminals: Understanding Motivations and Behaviour by Grady Anderson & MoldStud Research Team”

[2]“Cyberterrorism: its effects on psychological well-being, public confidence and political attitudes : Journal of Cybersecurity, Volume 3, Issue 1, March 2017, Pages 49–58”

ANTITRUST MEETS OIL MARKETS: PERSPECTIVES FROM INDIA AND ABROAD

AUTHOR – ANIKET RAINA, STUDENT AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – ANIKET RAINA, ANTITRUST MEETS OIL MARKETS: PERSPECTIVES FROM INDIA AND ABROAD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 84-95, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Crude Oil or Black Gold as aptly referred is a crucial gear piece to the global economy’s machinery, powering and paving its trajectory. Standing on the shoulders of this precious resource and its derivatives, companies have amassed vast fortunes but like any commercialized product is susceptible to domineering and exploitative forces which in recent times have included “antitrust” as a response. In lieu of the same, this paper, in its entirety, acts pursuant to the aspect of antitrust in the oil market and its derivatives in India and abroad. The paper begins with an overview of antitrust and oil markets while rendering brief detail to the questions at hand and the scope and structure of the paper. Subsequently, the paper provides a succinct overview of the antitrust landscape in India and that of the Indian Oil Market and its derivatives followed by a thorough comparative analysis of antitrust approaches in India vis-à-vis foreign jurisdictions respectively. It is in lieu of the aforementioned backdrop that a summary of findings reinforced by recommendations and a conclusion is furnished therein inscribing the future tryst between oil markets and antitrust.

Keywords: crude oil, antitrust, derivatives, abuse of dominance, competition

THE CHALLENGING RELATIONSHIP BETWEEN CONTEMPORARY ART AND INTELLECTUAL PROPERTY

AUTHOR – LOKENDER YADAV, STUDENT AT AMITY UNIVERSITY NOIDA

BEST CITATION – LOKENDER YADAV, THE CHALLENGING RELATIONSHIP BETWEEN CONTEMPORARY ART AND INTELLECTUAL PROPERTY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 78-83, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The relationship between contemporary art and intellectual property (IP) is increasingly complex, as artistic expression often challenges conventional legal frameworks. Contemporary artists frequently engage in appropriation, remixing, and digital reproduction, blurring the lines between originality and infringement. While copyright, trademark, and patent laws are designed to protect creators, they can sometimes hinder artistic innovation and cultural dialogue. Emerging technologies, such as AI-generated art and blockchain-based ownership, further complicate legal interpretations of authorship and ownership. This study examines how IP laws intersect with contemporary artistic practices, highlighting the tensions between legal protection and creative freedom. In navigating these challenges, legal frameworks must adapt to accommodate evolving artistic practices without stifling innovation. Courts and policymakers face the task of balancing the rights of original creators with the transformative nature of contemporary art. This study explores case laws, legal reforms, and alternative models like Creative Commons and open-access licensing, which offer more flexible approaches to IP in the art world. By analyzing these legal and ethical dimensions, this research aims to provide insights into how contemporary art and intellectual property can coexist in a rapidly evolving cultural landscape.

Keywords: Contemporary Art, Intellectual Property, Copyright, Artistic Innovation, Appropriation, Digital Art, Legal Frameworks, Creative Commons, AI-generated Art.

CHALLENGES IN CORPORATE ACCOUNTABILITY FOR ENVIRONMENTAL DAMAGE

AUTHOR – VIJAY BAJPAI* & MS. PRIYANKA GUPTA**

* STUDENT AT AMITY LAW SCHOOL, NOIDA

** ASSISTANT PROFESSOR, AMITY UNIVERSITY, NOIDA

BEST CITATION – VIJAY BAJPAI & MS. PRIYANKA GUPTA, CHALLENGES IN CORPORATE ACCOUNTABILITY FOR ENVIRONMENTAL DAMAGE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 62-77, APIS – 3920 – 0001 & ISSN – 2583-2344.

1. Introduction

Corporate liability for environmental degradation has evolved into one of the most pressing issues in legal, economic, and social terms at the present time. Fast unescapable and highly serious in the long run are the unfolding practical consequences of environmental degradation, mostly through corporate activities, on ecosystems, biodiversity, and human health. Although there has been improvement in developing the legal frameworks and regulations for the redress of environmental harm, there is still significant inertia in corporate accountability in creating or worsening any environmental degradation incidents. This gaping hole in legal accountability keeps up the cycle of corporate irresponsibility and environmental damage with public suffering.^[1]

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[1] “Philippe Sands, Principles of International Environmental Law 202 (Cambridge University Press, Cambridge, 3rd edn., 2018).”

COMPULSORY PRE-LITIGATION MEDIATION IN COMMERCIAL DISPUTES: A CRITICAL STUDY OF THE COMMERCIAL COURTS ACT, 2015

AUTHOR – PRIYANKA GANGULY* & DR. RAJVARDHAN**

* PH.D. (LAW) RESEARCH SCHOLAR AT SCHOOL OF LAW & JURISPRUDENCE, SHRI VENKATESHWARA UNIVERSITY, GAJRAULA, U.P.

** ASSISTANT PROFESSOR AT SCHOOL OF LAW & JURISPRUDENCE, SHRI VENKATESHWARA UNIVERSITY, GAJRAULA, U.P.

BEST CITATION – PRIYANKA GANGULY & DR. RAJVARDHAN, COMPULSORY PRE-LITIGATION MEDIATION IN COMMERCIAL DISPUTES: A CRITICAL STUDY OF THE COMMERCIAL COURTS ACT, 2015, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 869-877, APIS – 3920 – 0001 & ISSN – 2583-2344.

I. Abstract

This paper critically examines the provisions of the Commercial Courts Act, 2015 (CCA), particularly focusing on its mandate of compulsory pre-litigation mediation in commercial disputes. As India’s commercial litigation landscape grapples with case backlogs and prolonged delays, the CCA seeks to institutionalize mediation as a cost-effective, efficient, and amicable alternative dispute resolution (ADR) mechanism. This study evaluates the statutory framework under Section 12A of the Act, the role of mediation institutions, and the judicial approach towards enforcing pre-institution mediation. Through a doctrinal legal research methodology supplemented with a comparative analysis of international best practices from jurisdictions like the United States, European Union, Singapore, and Australia, this paper identifies both the merits and operational challenges of the compulsory mediation framework in India. It highlights key issues such as legal awareness, mediation infrastructure, enforceability of outcomes, and resistance from litigants. Empirical insights from Indian and international experiences, alongside relevant case studies, are integrated to assess the practical effectiveness of this mechanism. Finally, the paper proposes recommendations to strengthen the pre-litigation mediation framework and align it more closely with global standards, emphasizing the need for institutional support, mediator training, legislative clarity, and enhanced awareness among commercial litigants.

Keywords: Commercial Courts Act, 2015, Pre-Litigation Mediation, Commercial Disputes, Alternative Dispute Resolution, Mediation in India, Legal Reforms, Dispute Settlement Mechanisms.

FIRST INFORMATION REPORT IN INDIA

AUTHOR – YASHIKA SINGH, STUDENT AT SOL J&G, GAUTAM BUDDHA UNIVERSITY, GREATER NOIDA

BEST CITATION – YASHIKA SINGH, FIRST INFORMATION REPORT IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 863-868, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The First Information Report (FIR) plays a critical role in India’s criminal justice system, as it is the document that formally begins a police investigation into a cognizable offence. Anticipating its treatment under the 1973 Code of Criminal Procedure, Section 154 thereof, the FIR becomes a procedural vestige and a check on accountability and transparency in criminal proceedings. The present paper seeks to analyse the legal framework and procedural intricacies of FIR with the evidentiary value of FIR, types of FIRs and notable judicial pronouncements that have contributed to its application. It further explores the issues of delayed or false FIRs, police inaction, and documents’ digitization. The following paper describes ways to reform the first stage of the criminal justice process through a critical lens so that citizens have adequate access to justice and the police are held accountable for the registration of FIRs and arrests.

Keywords: First Information Report, Investigation, Cognizable Offence, Criminal Proceedings, Evidentiary Value.

“THE BASIC STRUCTURE DOCTRINE AND THE MODERN INDIAN STATE: BETWEEN JUDICIAL REVIEW AND DEMOCRATIC MANDATE”

AUTHOR – A ANTONY RAJ & PRIYANKA.R

LLM SCHOLARS AT TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY

BEST CITATION – A ANTONY RAJ & PRIYANKA.R, “THE BASIC STRUCTURE DOCTRINE AND THE MODERN INDIAN STATE: BETWEEN JUDICIAL REVIEW AND DEMOCRATIC MANDATE”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 853-862 APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper provides an in-depth analysis of the Basic Structure Doctrine, a cornerstone of Indian constitutional law first articulated in the landmark Kesavananda Bharati v. State of Kerala case. It explores how this doctrine limits the amending power of the Parliament by protecting certain inviolable features of the Constitution, such as the rule of law, democracy, secularism, federalism, and judicial independence. The paper also examines the doctrine’s judicial evolution through critical cases including Indira Gandhi v. Raj Narain, Minerva Mills, and Waman Rao, highlighting how courts have expanded and refined the scope of the basic structure to include both constitutional amendments and ordinary legislation when they undermine core constitutional principles.

In addition, the paper delves into contemporary constitutional controversies to illustrate the continued relevance of the doctrine. It includes the debate over madrasa regulation, where the balance between minority rights and state-imposed educational standards is scrutinized through cases like TMA Pai Foundation, Azmat Ullah, and State of Uttar Pradesh v. Madrasas. A significant part of the discussion also focuses on the Tamil Nadu Governor’s delay in assenting to state legislation, bringing to light the constitutional friction between executive discretion and legislative supremacy. Through these cases, the paper underscores the tension between parliamentary sovereignty and judicial review, and critically assesses concerns over judicial overreach.

The paper concludes by situating India’s experience within a broader comparative framework, referencing similar doctrines of constitutional limitation in countries like Germany and the United States. It argues that while the basic structure doctrine has been instrumental in safeguarding democracy and preventing authoritarianism, its continued use must be tempered with institutional restraint to maintain a balanced constitutional order.

Keywords

Basic Structure Doctrine; Judicial Review; Parliamentary Sovereignty; Governor’s Assent; Minority Educational Institutions; Constitutional Morality; Madrasas Regulation; Federalism; Rule of Law; Separation of Powers; Secularism; Kesavananda Bharati; Tamil Nadu Governor Case; Judicial Overreach; Constitutional Supremacy; NJAC Case; Educational Autonomy; Comparative Constitutional Law.