Category: Volume 5 and Issue 6 of 2025

BAIL JURISPRUDENCE IN INDIA – A CRITICAL ANALYSIS

AUTHOR – JYOTI TRIPATHI* & JUHI SAXENA**

* LLM SCHOLAR AT AMITY LAW SCHOOL, AMITY UNIVERSITY, LUCKNOW

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

BEST CITATION – JYOTI TRIPATHI & JUHI SAXENA, BAIL JURISPRUDENCE IN INDIA – A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 354-360, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The jurisprudence surrounding bail in India reflects an ongoing tension between the constitutional guarantee of personal liberty and the imperatives of criminal justice administration. While the Supreme Court has progressively interpreted bail provisions under the Criminal Procedure Code, 1973 in light of Article 21 of the Constitution, the practical realities remain troubling. Millions of undertrial prisoners, often from marginalized backgrounds, continue to face prolonged detention due to poverty, lack of legal aid, and discretionary bail decisions. This paper critically analyzes the evolution of bail jurisprudence in India, focusing on landmark judicial rulings, structural inequalities, and the recent criminal law reforms introduced under the Bharatiya Nagarik Suraksha Sanhita, 2023. It also draws comparative insights from jurisdictions such as the UK and the US to suggest reforms aimed at creating a fairer and more accessible bail system in India.

Keywords: Bail, Criminal Justice, Article 21, Undertrial Prisoners, Anticipatory Bail, BNSS 2023, Supreme Court of India, Judicial Discretion, Comparative Law, Bail Reform

CRIMINAL LAW AND CHILD MARRIAGE A COMPARATIVE STUDY OF INDIAN AND INTERNATIONAL LAW

AUTHOR – ANSHIKA PANDEY, LLM (CRIMINAL LAW), AMITY LAW SCHOOL, LUCKNOW, INDIA

BEST CITATION – ANSHIKA PANDEY, CRIMINAL LAW AND CHILD MARRIAGE A COMPARATIVE STUDY OF INDIAN AND INTERNATIONAL LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 342-348, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Child marriage remains a prevalent issue worldwide,with significant legal , social and psychological implications. This research paper explores the relationship between criminal law and child marriage,with a particular focus on the legal framework in india and internallyn. It analyses the legal age of marriages ,the criminalization of child marriages and the enforcement of theses laws. A comparison is made between Indian law and the approaches adopted by international bodies, including the United Nations and regional organizations. The papers aim to understand the role of criminal law in preventing child marriages and offers insights into improving legal mechanism to protect children from early marriages. Key challenges and the need for effectives implementations of laws are discussed.

Keywords: Child Marriages, Criminal Law, Indian Law, Internation Law, Legal Framework, Child Protection, Marriages Law, Human Rights, Gendre Equality, Enforcement.

CORPORATE GOVERNANCE: NEED, BENFITS AND ITS THEORIES

AUTHOR: SHRADDHA MAURYA* & DR. KUNVAR DUSHYANT SINGH**

* STUDENT AT AMITY LAW SCHOOL, AUUP, LUCKNOW

* ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AUUP, LUCKNOW

BEST CITATION – SHRADDHA MAURYA & DR. KUNVAR DUSHYANT SINGH, CORPORATE GOVERNANCE: NEED, BENFITS AND ITS THEORIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 338-342, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The corporate governance concept is a well known in modern times due to the dependency on them of the society. As the profit generation is the core objective of any business, their effect on the other aspects and stakeholders continues to be of greater importance as any negative effect can be consequential for many. This is why, in the current times, with political implications, corporate frauds and so on, there’s a greater need of corporate governance. Due to the increasing relevancy of the concept, the topic was studied effectively by many leading to development of what is considered to be inclusive of the concept and what not. This is where the theories originated, which determine as to what aspect, relation or mindset needs to be placed for effective governance. Although different theories focus on different aspects, they’re to be understood in a broader and inter-connected manner for execution of effective governance that benefits all.

Keywords: Corporate Social Responsibility, Corporate Governance

CONSTITUTIONAL APPROACH TO RIGHT TO EDUCATION: COMPARATIVE PERSPECTIVES FROM INDIA, SOUTH KOREA AND FINLAND

AUTHOR – MR. ROHIT PITTI* & MS. RICHA YADAV**
* STUDENT AT AMITY UNIVERSITY, NOIDA
** ASSISTANT PROFESSOR AT AMITY UNIVERSITY, NOIDA

BEST CITATION – MR. ROHIT PITTI & MS. RICHA YADAV, CONSTITUTIONAL APPROACH TO RIGHT TO EDUCATION: COMPARATIVE PERSPECTIVES FROM INDIA, SOUTH KOREA AND FINLAND, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 322-337, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The following Research Paper deals with the constitutional approach and implementation of Right to Education in India, Finland and South Korea. It analyses the legal perspective and policy framework of each country. This dissertation stated India’s progressive but implementation-challenged Article 21-A, South Korea’s achievement-driven yet high-pressure model under Article 31, and Finland’s equity-oriented and student-centric approach rooted in Section 16 of its Constitution. This comparative study helped me to find the strengths, weakness, and challenges that every country is facing and how they are accepting it. To conclude, this paper deals with how the policies and framework is supported by the constitutional commitments. Lastly it provides pragmatic recommendations to enhance the education system with the betterment of the society as a whole.

Key Words: Constitution, Right to Education, India, South Korea, Finland, Article, implementation, policy, framework, Section, Society.

THE LEGAL TRANSITION FOLLOWING WORLD WAR II: FROM WAR CRIMES TO CRIMES AGAINST HUMANITY”

AUTHOR – MUKUL MAHARA* & DR. PARISHKAR SHRESHTH**

* STUDENT AT AMITY UNIVERSITY, LUCKNOW

* ASSISTANT PROFESSOR AT AMITY UNIVERSITY, LUCKNOW

BEST CITATION – MUKUL MAHARA & AMBAR SRIVASTAVA, “THE LEGAL TRANSITION FOLLOWING WORLD WAR II: FROM WAR CRIMES TO CRIMES AGAINST HUMANITY”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 311-321, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The term “crimes against humanity,” which arose in the legal system following World War II, refers to offenses that offend not only specific victims but also all of humanity. The core of its moral and legal weight is its dual significance, which suggests harm to both human dignity and the larger moral fabric of the international community. This idea was first presented in the Nuremberg Charter, along with war crimes and crimes against peace, indicating a wider range of responsibility. A significant development in international law was the move away from the association of crimes against humanity with armed conflict, and the Rome Statute further expanded its application. The intricacy of prosecuting such crimes is demonstrated by the crucial distinction between “widespread” and “systematic” acts—treating them as disjunctive thresholds. The need for a “State or organizational policy” guarantees organized participation, but it also creates uncertainty that may make prosecutions more difficult. However, by emphasizing the nature of the attack rather than particular political motivations, recent legal reforms provide more flexibility. This essay examines the concept’s historical evolution, changing legal interpretations, and the difficulties in guaranteeing international accountability for crimes that cut across national boundaries and impact all of humanity. The development emphasizes how important international law is in combating crimes that harm not just individuals but the entire human community.

CORPORATE FRAUD UNDER COMPANIES ACT, 2013: AN EVALUATION OF ENFORCEMENT AND PENALTIES

AUTHORS – SHUBHAM GUPTA* & AMBAR SRIVASTAVA**,

* STUDENT AT LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL – SHUBHAMGUPTARKSH16@GMAIL.COM

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL – AMBARSRI76@GMAIL.COM

BEST CITATION – SHUBHAM GUPTA & AMBAR SRIVASTAVA, CORPORATE FRAUD UNDER COMPANIES ACT, 2013: AN EVALUATION OF ENFORCEMENT AND PENALTIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 300-310, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

“The purpose of this study is to assess the efficiency of the enforcement procedures and punishment measures for corporate fraud that are outlined in India’s Companies Act, 2013. Restructuring the principles of corporate governance was the purpose of the Act, which was developed as a reaction to high-profile business scandals both internationally and inside India. The purpose of this article is to explore the appropriateness of the legal framework, identify problems to its execution, and evaluate the effectiveness of penalty deterrence through the examination of legislative provisions, case studies, and enforcement statistics. According to the findings, despite the fact that the Act provided rigorous measures for the prevention and detection of fraud, major implementation and enforcement gaps still exist. In conclusion, the paper provides ideas for improving the regulatory environment in order to combat corporate fraud in a manner that is more successful within the context of India.”

Keywords: Corporate fraud, Companies Act 2013, corporate governance, enforcement mechanisms, penalties, Securities and Exchange Board of India (SEBI), Serious Fraud Investigation Office (SFIO)

IPR AND ANTITRUST IN GLOBAL CONTEXT: A SOCIO-ECONOMIC AND LEGAL COMPARISON BETWEEN ADVANCED AND EMERGING ECONOMIES

AUTHOR – VISHWAA S. CHAUDHARY, STUDENT AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

BEST CITATION – VISHWAA S. CHAUDHARY, IPR AND ANTITRUST IN GLOBAL CONTEXT: A SOCIO-ECONOMIC AND LEGAL COMPARISON BETWEEN ADVANCED AND EMERGING ECONOMIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 289-299, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The complex relationship between Intellectual Property Rights (IPR) and Competition Law has become increasingly significant considering globalized markets and expanding innovation-driven economies. This paper explores how IPRs, which offer exclusive rights to creators and innovators, coexist and at times conflict with competition laws designed to foster market fairness and consumer welfare. Through a comparative analysis of developed and developing countries including the United States, United Kingdom, Japan, India, Malaysia, and South Africa, this research identifies how different jurisdictions reconcile the tension between promoting innovation and preventing monopolistic abuses. The paper highlights that while developed nations typically approach the issue through flexible antitrust frameworks and economic analyses, developing countries often struggle to strike the balance due to weaker legal infrastructure and economic priorities. Case studies from each jurisdiction illustrate key policy approaches, enforcement mechanisms, and legal interpretations. Ultimately, the paper argues that a nuanced, context-specific alignment between IP and competition law is essential for equitable and sustainable economic development.

Keywords: competition, intellectual property, developing countries, market economy, IP enforcement

RECENT JUDICIAL TRENDS IN WOMEN’S RIGHTS ADVANCEMENT

AUTHOR – ARYAN ANAND SHARMA* & MS. PRIYANKA GUPTA**

* STUDENT AT AMITY LAW SCHOOL, NOIDA

** ASSISTANT OFFICER AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – ARYAN ANAND SHARMA & MS. PRIYANKA GUPTA, RECENT JUDICIAL TRENDS IN WOMEN’S RIGHTS ADVANCEMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 279-288, APIS – 3920 – 0001 & ISSN – 2583-2344

Introduction

In the realm of Indian jurisprudence, the judiciary, as the constitutional guardian and the ultimate arbiter of statutes, has exerted a pivotal impact on shaping the legal milieu pertaining to women’s rights. Although the legislative framework has undergone progressive development over the years, it is through judicial interpretation and enforcement that these laws acquire practical relevance and transformative potential. In recent decades, particularly in the post-2010 era, Indian courts, notably the Supreme Court and various High Courts, have demonstrated an escalating tendency towards activism and progressivism, reflecting a deeper resolve towards gender justice. Chapter 4 sheds light on this development by scrutinizing recent judicial trends that signify a shift towards a more accommodating and rights-affirming approach to women’s issues in India.

CASE COMMENT: A.S. RAWAT V. DAWA TASHI – NON-CITIZENS AND THE RIGHT TO INFORMATION IN INDIA

AUTHORS – HARSHA VARDHAN .A, STUDENT AT VIT UNIVERSITY SCHOOL OF LAW

BEST CITATION – HARSHA VARDHAN .A, CASE COMMENT: A.S. RAWAT V. DAWA TASHI – NON-CITIZENS AND THE RIGHT TO INFORMATION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 274-278, APIS – 3920 – 0001 & ISSN – 2583-2344

I. Introduction

The Delhi High Court judgment in the case A.S. Rawat v. Dawa Tashi deals with an important question in Indian administrative law: Are non-citizens entitled to access information under the provisions of the Right to Information Act, 2005 (hereinafter the “RTI Act”)? This case comment attempts to trace the judicial journey on the issue and contemplate the dimensions that this verdict would have in India on transparency, constitutional law, and administrative functioning.

UNRULY PASSENGERS AND AIR RAGE: LEGAL FRAMEWORK AND CHALLENGES IN INDIAN AVIATION

AUTHOR – SHAURYA MEHROTRA, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY) DELHI NCR, GHAZIABAD, UTTAR PRADESH

BEST CITATION – SHAURYA MEHROTRA, UNRULY PASSENGERS AND AIR RAGE: LEGAL FRAMEWORK AND CHALLENGES IN INDIAN AVIATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 264-222, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

This research paper scrutinizes the Indian legal framework regulating unruly passengers and air rage in Indian aviation with emphasis on enforcement issues and constitutional dimensions. It compares international conventions like the Tokyo Convention (1963) and Montreal Protocol (2014) with Indian laws like the Aircraft Act, 1934, and Civil Aviation Requirements (CAR), Section 3, Series M, Part VI (2017). The paper assesses high-profile cases such as Kunal Kamra v. IndiGo (2020) to shed light on the tensions between air safety and Article 21 of the Indian Constitution, which protects the right to life, personal liberty, and freedom of movement. Utilizing a doctrinal approach, the research examines the arbitrary powers accorded to airlines, jurisdictional lacunas, and poor crew training. It suggests reforms, such as enhanced penalties, conflict management training as a requirement, and procedural protections for the No-Fly List, to provide a balance between security and passenger rights. The conclusions seek to enhance India’s legal response to air rage in its fast-growing aviation industry.