Category: Volume 5 and Issue 6 of 2025

JUDICIAL APPOINTMENT IN INDIA: NEED OF THE HOUR NJAC

AUTHORS – MANDEEP SINGH YADAV* & AKSHAY KUMAR**

* STUDENT AT LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL- YADAVSINGHMANDEEP2906@GMAIL.COM

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL – AKSHAYKUMAR@UUMAIL.COM

BEST CITATION – MANDEEP SINGH YADAV & AKSHAY KUMAR, JUDICIAL APPOINTMENT IN INDIA: NEED OF THE HOUR NJAC, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 558-568, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

“Within the scope of this research study, India’s judicial appointment system is investigated, with a particular emphasis placed on the ongoing discussion over the National Judicial Appointments Commission (NJAC). Through the use of judicial interpretation, the article illustrates the development of judicial nominations, beginning with the constitutional requirements and culminating in the establishment of the Collegium system. The Fourth Judges Case of 2015, which declared the 99th Constitutional Amendment and the NJAC Act to be invalid, is subjected to a critical analysis in this document. According to the findings of the study, the reasons for and against the NJAC are evaluated, and concerns regarding democratic accountability against judicial independence are investigated. The purpose of this essay is to add to the academic conversation on the topic of attaining a balanced, transparent, and successful judicial appointment system in India. It does this by comparing India’s system with appointment processes in other democracies, reviewing recent trends, and providing prospective reform options.”

Keywords: Judicial appointments, National Judicial Appointments Commission, Collegium system, Judicial independence, Constitutional reforms, Supreme Court of India

ONE NATION, ONE LAW? A CRITICAL EVALUATION OF THE ARGUMENTS FOR AND AGAINST THE UCC”

AUTHOR – MANASVI CHURIWAL* & MS. SHAMBHAVI MISHRA**

* STUDENT AT AMITY LAW SCHOOL, NOIDA

** ASSISTANT PROFESSOR, AMITY UNIVERSITY, NOIDA

BEST CITATION – MANASVI CHURIWAL & MS. SHAMBHAVI MISHRA, ONE NATION, ONE LAW? A CRITICAL EVALUATION OF THE ARGUMENTS FOR AND AGAINST THE UCC, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 544-557, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The most contentious legal and constitutional issue of India is the Unified Civil Code (UCC), which symbolizes the conflict between personal religious law and the necessity of a uniform legal foundation. Article 44 of the Indian Constitution envisages general civil law to establish equality and justice, but its implementation was met with resistance to cultural, religious and political hurdles. This research critically examines the requirements, feasibility and difficulties in adopting UCC in India. This research takes into account the development of personal law in India, judicial decisions and legislative initiatives towards UCC. He also stresses gender justice, secularism and national integration, and weighs the advantages and disadvantages of its implementation. Comparison of nations with an integrated civil law provides the impression of a model to be followed by India. Recent political and legal events, such as reports of state initiative and reports of law committees, have also been taken into consideration to monitor the current applicability of the UCC. This research concludes by suggesting recommendations on how India is to strike a balance of the demand for legal uniformity against cultural diversity. He suggests a progressive and integrated approach towards the adoption of the UCC, ensuring the rights of all communities and legal uniformity and social justice.

Keywords: Uniform civil law, personal law, secularism, gender justice, constitutional law, legal uniformity, India.

RIGHT TO BE DISCONNECTED: NEED IN INDIA

AUTHORS – SHREYA BHUSHAN* & SACHIN KUMAR**

* STUDENT AT LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL – SHREYABHUSHAN70801@GMAIL.COM

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL –SACHINKUMAR@UTTARANCHALUNIVERSITY.AC.IN

BEST CITATION – SHREYA BHUSHAN & SACHIN KUMAR, RIGHT TO BE DISCONNECTED: NEED IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 534-543, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

“Due to the widespread availability of digital communication technology, the lines between one’s personal life and professional life have become increasingly blurry, resulting in a culture of “always on” in the workplace. With regard to the Indian context, this research piece investigates the notion of the “Right to be Disconnected” and analyses its significance and the requirement of its implementation. The purpose of this study is to argue that it is necessary to establish a comprehensive right to disconnect in India in order to address growing concerns regarding employee wellbeing, work-life balance, and mental health. This is accomplished by investigating international precedents, examining the current work culture in India, analysing legal and policy frameworks, and exploring potential implementation strategies. The results of the study indicate that although there are obstacles to overcome throughout the implementation process, a customised strategy that takes into account the different work environment in India might result in considerable gains for workers, organisations, and the economy as a whole.”

Keywords: Right to disconnect, digital communication, work-life balance, Indian labour law, employee wellbeing, workplace stress, digital detox

JUDICIAL ACCOUNTABILITY AND DEMOCRATIC WILL

AUTHOR – AMAN BHARTI* & PROF. (DR.) ARUN KUMAR SINGH**

* LLM (CONSTITUTIONAL AND ADMINISTRATIVE LAW) ||LL.B|| ENGLISH(HONS) || THE ICFAI UNIVERSITY, DEHRADUN AMANBHARTI85810@GMAIL.COM

** PROFESSOR, THE ICFAI UNIVERSITY, DEHRADUN. EMAIL – ARUN.SINGH@IUDEHRADUN.EDU.IN

BEST CITATION – AMAN BHARTI & PROF. (DR.) ARUN KUMAR SINGH, JUDICIAL ACCOUNTABILITY AND DEMOCRATIC WILL, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 522-33, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Judicial accountability is a cornerstone of democratic governance, particularly in India, where the judiciary plays a critical role in safeguarding constitutional rights and mediating state-individual disputes. While judicial independence is vital, it must be balanced with transparency and accountability to maintain public trust. Symbolic reforms, such as removing ceremonial robes and unveiling a new Lady Justice statue without a blindfold, reflect a shift toward openness and recognition of societal inequalities. The Doctrine of Open Justice, endorsed by judgments like Mohammed Shahabuddin v. State of Bihar, emphasizes fairness, media access, and public scrutiny to ensure legitimacy.

With an emphasis on open justice concepts, this chapter examines the connection between public scrutiny and judicial accountability. The legal foundation for open justice, judicial openness, and restrictions on public access to court proceedings are all covered. The chapter highlights the significance of citizen involvement and the public’s role in influencing justice changes. It also examines the necessity for public understanding and involvement in judicial procedures, as well as how public apathy might impede justice reforms. The chapter highlights the conflict between privacy and openness while offering a thorough grasp of the legal, moral, and practical facets of judicial responsibility and public scrutiny.

Key Words: Judicial accountability, judicial independence, open justice, transparency, sealed cover, live streaming, public trust, constitutional democracy, media scrutiny, Supreme Court of India

AN ANALYTICAL STUDY OF THE INTERPLAY BETWEEN BANKING LAWS AND TECHNOLOGY IN LIGHT OF CORPORATE GOVERNANCE

AUTHOR – MAYANK BHARDWAJ, STUDENT AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – MAYANK BHARDWAJ, AN ANALYTICAL STUDY OF THE INTERPLAY BETWEEN BANKING LAWS AND TECHNOLOGY IN LIGHT OF CORPORATE GOVERNANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 504-521, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

 The intersection of banking, technology, and corporate governance is reshaping the way financial systems are regulated and managed. This dissertation delves into the dynamic relationship between banking laws and technological advancements, with a special focus on how corporate governance structures are evolving to tackle new risks, regulatory hurdles, and tech-driven transformations.

The study starts by looking at the historical development of banking regulations in India and around the world, pointing out how traditional legal frameworks were built for a time when banking was largely physical. As we move into the digital age, these older laws are struggling to keep up with innovations like artificial intelligence, blockchain, cloud computing, and digital payments. The research examines how these technologies impact legal compliance, operational risks, consumer protection, and the broader stability of the financial system.

A key part of the dissertation is the role of corporate governance in today’s tech-driven banks. It explores how board responsibilities are shifting beyond financial oversight to include managing technology, cybersecurity, and the ethical use of algorithms. Using doctrinal and comparative legal analysis, the study critiques current Indian regulations and identifies gaps—particularly around AI ethics, digital KYC processes, international data sharing, and how FinTech and RegTech partnerships are governed.

AFFIRMATIVE ACTION AND THE WOMEN’S RESERVATION ACT, 2023

AUTHOR – SANJEEVANI SINGH, STUDENT AT LL.M. (CONSTITUTIONAL LAW), AMITY INSTITUTE OF ADVANCED LEGAL STUDIES (AIALS), AMITY UNIVERSITY, NOIDA, UTTAR PRADESH

BEST CITATION – SANJEEVANI SINGH, AFFIRMATIVE ACTION AND THE WOMEN’S RESERVATION ACT, 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 491-503, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Women’s participation in politics, leadership, positions, national parliaments and local government, judiciary and police force is very essential for achieving Sustainable Development Goals (SDGs) by 2030. Convention on the Elimination of All Forms of Discrimination against Women, 1979 mandates the eradication of gender-based discrimination in political and public spheres, with India being a signatory. The representation of women in India’s State Assemblies and Parliament has remained a critical subject of discussion in the context of gender equity and democratic participation. Despite the Constitutional Principles and legislative frameworks promoting equality, women’s political representation in India continues to lag significantly behind global and regional averages and due to this reason only the Indian Parliament has come up with The Women’s Reservation Act, 2023 This research work examines the historical trends, structural barriers, and socio-political dynamics influencing women’s participation in legislative bodies across the country by focusing upon the analysis of the Women’s Reservation Act- its provisions, challenges and status; evaluation of gender quotas in Panchayati Raj Institutions; lessons from international examples of affirmative action and Constitutional Amendments regarding the women’s representation in Legislative Bodies.

The role of policy measures, including the proposed Women’s Reservation Act, is critically evaluated to understand their potential impact on improving gender parity in governance. This work also opines that enhancing women’s representation is not only a matter of justice but also a means to foster diverse perspectives in policymaking and drive inclusive socio-economic development.

Keywords– Equality, Discrimination, Representation, Constitutional Principles

KEY BANKING LAWS AND THEIR IMPACT ON THE FINANCIAL SYSTEM

AUTHORS – NISHANT SINGH* & DR. AMIT DHALL**

* STUDENT OF LAW. AMITY LAW SCHOOL, NOIDA

** FACULTY OF LAW, AMITY LAW SCHOOL, NOIDA

BEST CITATION – NISHANT SINGH & DR. AMIT DHALL, KEY BANKING LAWS AND THEIR IMPACT ON THE FINANCIAL SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 480-490, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This Research Paper examines the Banking Regulation Act, 1949, as the cornerstone of India’s banking legal framework, enabling the Reserve Bank of India (RBI) to regulate, supervise, and safeguard the financial system. This paper explores the Act’s pivotal provisions, ranging from licensing requirements and capital adequacy norms to governance standards and supervisory powers and their influence on the structure and stability of the Indian banking sector. It highlights how the RBI utilizes these provisions to maintain monetary stability, enforce compliance, and mitigate systemic risks. The research also delves into landmark legislative reforms, including the nationalization of banks, the Recovery of Debts Act, 1993, and the SARFAESI Act, 2002, which collectively transformed credit recovery and financial discipline in India. The study further examines the adoption of Basel norms, the implementation of the Prevention of Money Laundering Act, 2002, and regulatory responses to digital banking and fintech integration. Post-liberalization reforms, including the Foreign Exchange Management Act (FEMA) and the Insolvency and Bankruptcy Code (IBC), 2016, are analyzed for their role in promoting financial inclusion, capital market development, and regulatory modernization

INTERSECTIONALITY IN GUARDIANSHIP LAWS: HOW GENDER, SOCIOECONOMIC STATUS, AND DISABILITY TYPE AFFECT IMPLEMENTATION OF THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016

AUTHORS – SHREYA DWIVEDI* & SACHIN KUMAR**

* STUDENT AT LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL – DWIVEDISHREYA001@GMAIL.COM

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL – SACHINKUMAR@UTTARANCHALUNIVERSITY.AC.IN

BEST CITATION – SHREYA DWIVEDI & SACHIN KUMAR, INTERSECTIONALITY IN GUARDIANSHIP LAWS: HOW GENDER, SOCIOECONOMIC STATUS, AND DISABILITY TYPE AFFECT IMPLEMENTATION OF THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 471-479, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

“In this article, an intersectional perspective is utilised to investigate the implementation of guardianship legislation in accordance with India’s Rights of Persons with Disabilities Act, 2016, also known as the RPD Act. Despite the fact that the RPD Act constituted a paradigm change from substituted decision-making to supported decision-making, the implementation of the act revealed major differences depending on gender, socioeconomic level, and the kind of impairment faced by individuals. The purpose of this study is to investigate the ways in which these interrelated aspects have an impact on guardianship processes, court interpretations, and the experiences that people with disabilities really have in their lives. The findings of this study, which are based on a review of case law, interviews with stakeholders, and comparative legal frameworks, indicate that women with disabilities, individuals who are economically poor, and people with particular types of impairments face disproportionate impediments when it comes to exercising their legal capacity. The paper comes to a close with some suggestions for policy changes that would address the intersectional vulnerabilities that have been identified and would guarantee that the guardianship provisions of the RPD Act are implemented in an equitable manner.”

Keywords: Guardianship laws, Intersectionality, Rights of Persons with Disabilities Act, Legal capacity, Gender, Socioeconomic status, Disability types

HABEAS CORPUS: EXPANDING HORIZONS OF LIBERTY

AUTHOR – PRIYA AGGARWAL* & DR. ASHISH KUMAR SINGHAL**

* LLM SCHOLAR AT THE ICFAI UNIVERSITY DEHRADUN

** ASSOCIATE PROFESSOR AT THE ICFAI UNIVERSITY DEHRADUN

BEST CITATION – PRIYA AGGARWAL & DR. ASHISH KUMAR SINGHAL, HABEAS CORPUS: EXPANDING HORIZONS OF LIBERTY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 466-470, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Life Without Liberty is Like a Body Without Spirit

Khalil Gibran

Habeas corpus, often hailed as the “great writ of liberty,” serves as a crucial safeguard against unlawful detention and state overreach. This study examines the evolution, scope, and application of the writ of habeas corpus in both India and the United Kingdom while tracing its historical origins and its role in protecting individual liberty. Through a comparative analysis, it explores the procedural and conceptual differences in what way the writ has been interpreted and enforced in both jurisdictions. The study also reviews landmark and recent judicial pronouncements that helps to explain the judiciary’s role in shaping the writ’s application. Additionally, it discusses the expanding horizons of habeas corpus in addressing modern legal challenges and analysing its constitutional significance and judicial evolution, this study underscores the continuing relevance of habeas corpus as a fundamental safeguard of personal liberty in contemporary legal systems.

Keywords: Habeas corpus, Liberty, UK, India, Writ

A BRIEF STUDY ON CHALLENGES CONCERNING LABOUR LAWS IN INDIA

AUTHOR – S.M.MADHU MIDA, TAMILNADU DR AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW, CHENNAI. EMAIL – MADHUMIDA417@GMAIL.COM

BEST CITATION – S.M.MADHU MIDA, A BRIEF STUDY ON CHALLENGES CONCERNING LABOUR LAWS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 460-465, APIS – 3920 – 0001 & ISSN – 2583-2344

India is a nation with the second highest working age population on the earth. Labour force of India is the vital factor which affects the entire system of economic activity such as investments, production, savings, and capital formation.  They are the prime instrument of achieving the socio-economic progress. However, present industrialization, with its uncongenial nature and reduced cordial and friendly relations between employers and employees, has raised numerous labor troubles. Therefore, to regulate this government of India has enacted several labor law acts in order to protect workers from exploitation as well as to safeguard their rights and interests. But, there are several loopholes and limitations associated with the implementation and follow –up of labor laws in our country. Hence, this paper discusses the various issues that labor laws encounter in India and puts forward possible solutions to overcome such challenges.

Keywords: Challenges, Employers, India, Labour, Labor laws