Journal of Constitutional Law and Jurisprudence
Journal of Constitutional Law and Jurisprudence is published by Law Journals, an imprint of Consortium e-Learning Network Pvt. Ltd. deals with Constitutional law, which is paramount law of the land and Jurisprudence, which is the theoretical study of laws and principles. The base of Constitutional Law is its philosophy, called ‘Constitutional Jurisprudence’. Constitutional Law determines the fundamental rights of citizens and the obligations of ‘the State’. While discharging the functions under the Constitution, the State is expected to ensure protection of its provisions and philosophy. In the present contexts, many issues are being emerged along with pre existing Constitutional issues. The academia is morally responsible and responsive to synthesise these issues.
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A Sociological Analysis: Alimony and Trends in Modern Spousal Support
Alimony, or spousal support, has changed a lot from its historical roots in patriarchal traditions to a fairer financial arrangement in modern legal systems. It was once mainly given to women as lifelong support, but now alimony laws reflect changing social dynamics, gender neutrality, and a focus on self-sufficiency. Various reforms have changed how courts decide on alimony, leading to clearer guidelines, term limits, and a stronger emphasis on fairness. More women are joining the workforce, family structures are evolving, and there’s a rise in flexible and gig-based jobs, all of which have shifted marital dynamics and financial dependence. This article outlines the historical evolution of alimony, highlighting key legal reforms and new trends in spousal support. It looks at the shift from indefinite support to time-limited and rehabilitative alimony. It also examines how gender neutrality affects family law and how legislative changes influence alimony decisions. Additionally, it reviews international approaches to alimony, analyzing landmark cases that have shaped current legal practices.
Spousal Support, Dual-Earner Marriages, Alimony Reform, Gender Justice, Family Law, Economic Equality
Copyright (c) 2026 Journal of Constitutional Law and Jurisprudence
Watching the Watchers in The Algorithmic Age: Digital Surveillance, AI-Driven Monitoring, and the Crisis of Constitutional Safeguards in Contemporary India
At present, Indian state is trapped in a highly precarious task of balance. They are forced to secure national security against a tide of rising cyber-attacks, international terrorism and AI based crime on the one hand However, on the flip side, they are meant to safeguard citizen’s constitutional rights from the very surveillance tools being deployed to keep them secure. So many things have changed since the Puttaswamy judgment way back in 2017. Facial Recognition system today is performing millions of authentications. Legal practitioners already label the metadata retention mandates quietly introduced by the new DPDP Rules of 2025 as a guide for building an elaborate surveillance architecture. And last November, when numerous hard regulatory issues came up for tackling in its AI Governance Guidelines, the government simply postponed coming to a conclusion. The current surveillance infrastructure that exists in this County is an extension of an 1885 colonial telephone regulation combined with a digital commerce law created in 2000. These data privacy laws were not even designed for the types of predictive policing algorithms or the bulk traffic metadata that the Digital Personal Data Protection Rules (DPDP) 2025 will require. Our latest attempt at creating a privacy law, the Digital Personal Data Protection Act of 2023, has created a large exception to the government’s compliance with its own privacy laws through Section 17 (2) (a), which allows for the government to exempt itself from complying with the Act simply by asserting ‘national security. There are no independent authorising bodies that oversee the government’s application of these laws, no enforcement mechanisms require that the government obtain a judicial warrant prior to the use of digital wiretaps, and so on. This paper will take a very in-depth look at all of the intersections of national security and constitutional obligations. I will discuss how privacy jurisprudence has developed, where there are currently holes in adjudicated law, and how we can learn from models of practice developed in the EU, UK, and US. Also, I will highlight the dangers created by the use of AI-based monitoring as outlined in the DPDP Rules, and provide some recommendations for various legislative and institutional changes necessary to re-establish constitutional compliance for India’s surveillance framework, while preserving the security function that we as a society need.
security, surveillance, metadata, authentications, privacy, jurisprudence
The Impact and Social Barriers under Indian Legal System in Special Preferences to Women Protection: Critical Study
In India, women's safety and protection are still major issues even if there are several legal protections. A number of laws, such as the Bharatiya Nyaya Sanhita, 2023, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the Dowry Prohibition Act, 1961, and the Protection of Women from Domestic Violence Act, 2005, are designed to shield women from exploitation, violence, and discrimination. This study critically evaluates these legal frameworks' efficacy as well as the difficulties in putting them into practice. The study examines international instruments, government reports, court rulings, statutes, constitutional provisions, and academic literature using a doctrinal and analytical research technique. The results show that weak enforcement of laws, rather than their lack, is the main problem. The effectiveness of legislation protecting women is weakened by slow police response, drawn-out legal proceedings, inadequate investigation, a lack of legal knowledge, and a lack of institutional support. Women are also deterred from pursuing justice by social obstacles such economic reliance, social stigma, patriarchy, and lack of education. The study come to the conclusion that in order to effectively safeguard women, more robust implementation mechanisms, institutional accountability, legal awareness, gender sensitization, and wider societal reforms are needed to close the gap between legal provisions and real-world situations.
Women’s Safety, Women Protection Laws, Bharatiya Nyaya Sanhita, Domestic Violence, Sexual Harassment, Gender Justice, Legal Implementation, Social Barriers, Access to Justice.
Right to Privacy in the Digital Age: A Constitutional and Judicial Analysis in India
The rapid expansion of digital technologies has transformed the manner in which individuals communicate, access information, and participate in social, economic, and political activities. While these advancements have enhanced convenience and connectivity, they have also raised significant concerns regarding the protection of personal data and individual privacy. In India, the recognition of privacy as a fundamental right under Article 21 of the Constitution by the Supreme Court in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) marked a watershed moment in constitutional jurisprudence. This research article critically examines the evolution of the right to privacy in India within the context of the digital age, focusing on constitutional principles, judicial interpretations, and emerging challenges posed by technological advancements. The study analyses the constitutional foundations of privacy, traces the development of judicial precedents, and evaluates the balance between individual liberty, state surveillance, national security, and technological innovation. It further explores issues relating to data protection, digital surveillance, social media platforms, artificial intelligence, and cyber governance. The article highlights the role of the judiciary in safeguarding privacy rights while addressing contemporary concerns arising from the collection, processing, and misuse of personal data. Through a doctrinal and analytical approach, the study assesses the adequacy of existing legal frameworks and recent legislative developments in ensuring effective privacy protection. The article concludes that although Indian constitutional jurisprudence has significantly strengthened privacy rights, evolving digital realities necessitate robust regulatory mechanisms, judicial vigilance, and a rights-based approach to data governance to ensure meaningful protection of privacy in the twenty-first century.
Right to Privacy, Digital Age, Constitution of India, Article 21, Puttaswamy Judgment, Data Protection, Digital Surveillance, Fundamental Rights, Cyber Governance, Judicial Activism.
Honour Killing of Women: A Socio-Legal Analysis
Honour killing is one of the most extreme manifestations of gender-based violence, rooted in patriarchal notions of family honour, social prestige, and community control over women's autonomy. The practice involves the murder of women by family members or relatives who perceive their conduct, choices, or relationships as bringing dishonour to the family. Despite constitutional guarantees of equality, dignity, and personal liberty, honour killings continue to occur in various parts of India, reflecting deep-seated socio-cultural norms and discriminatory attitudes toward women. This study undertakes a socio-legal analysis of honour killings, examining the social, cultural, and legal factors that contribute to the persistence of this practice. It evaluates the role of caste, religion, customary practices, and patriarchal structures in perpetuating violence against women in the name of honour. The research further analyses the existing legal framework, including constitutional provisions, criminal laws, and significant judicial pronouncements addressing honour-based crimes. The study identifies gaps in legal enforcement and societal responses, highlighting the challenges faced by victims and vulnerable individuals. Through a critical examination of legislative measures, judicial interventions, and policy initiatives, the article advocates for stronger legal mechanisms, effective implementation of laws, and comprehensive social reforms aimed at protecting women's rights and eliminating honour-based violence. The study concludes that a combination of legal deterrence, awareness generation, and societal transformation is essential to eradicate honour killings and uphold the principles of justice, equality, and human dignity.
Honour Killing, Women’s Rights, Patriarchy, Gender-Based Violence, Human Rights, Criminal Justice, Socio-Legal Study, Constitutional Protection
Strengthening Social Protection and Elder Care in India: A Critical Appraisal of the MWP Act, 2007
The traditional values and familial support systems for elderly people have been undermined by the sociocultural shifts brought about by globalization and modernization. Elder abuse is becoming more common, and obtaining the right care and assistance is becoming more challenging. This has made it necessary to take legal action to safeguard senior citizens' rights and to ensure they receive care and assistance from their families and other parties. Several nations, including India, have enacted laws for the social protection of elderly individuals as a result of signing the "Madrid International Plan of Action on Ageing, 2002." The Maintenance and Welfare of Parents and Senior Citizens (MWP) Act, 2007, is a key piece of Indian legislation that safeguards elderly individuals from abuse, neglect, and exploitation. "The Act mandates adult children to provide maintenance to their elderly parents and empowers senior citizens to seek legal recourse in cases of neglect or denial of basic needs. One of the significant strengths of the Act lies in its provision for speedy resolution of disputes through conciliation and judicial intervention if necessary. Additionally, the Act imposes penalties on individuals who fail to comply with its provisions, thereby serving as a deterrent against neglect or abandonment. However, despite its laudable intentions, the Act faces several challenges in its implementation. One of the primary concerns is the lack of awareness among both senior citizens and the general public about their rights and obligations under the Act. Many elderly individuals remain unaware of the legal remedies available to them, while some adult children may not fully comprehend their responsibilities towards their aging parents. Additionally, there are numerous opportunities to support this Act's future successful implementation. To address the projected increase in the number of senior citizens and their future care needs, appropriate social care systems must be developed. The goal of the current study is to highlight the advantages, disadvantages, and difficulties associated with the Maintenance and Welfare of Parents and Senior Citizens (MWP) Act, 2007, as well as suggested changes to the Act that would address many of these issues.
The Constitutional Jurisprudence: Concept, influence
Elder person, Maintenance, Ageing, legislative approach, globalization
Navigating Media Trials in India: A Study On the Right to Privacy and Right to Freedom of Speech and Expression
In a democratic society, the media is regarded as the fourth estate, entrusted with the vital role of ensuring transparency, accountability, and informed public discourse. The press serves as a watchdog over state institutions and is based on the constitutional guarantee of freedom of speech and expression included in Article 19(1)(a). However, the expanding reach of media, particularly with technological advancements and 24/7 news cycles, has led to the emergence of media trials, raising serious concerns regarding their impact on the administration of justice. The conflict between media freedom and the right to a fair trial and privacy under Article 21 of the Indian Constitution is critically examined in this paper. It highlights how sensationalized reporting, premature conclusions, and public speculation often result in the violation of the presumption of innocence, thereby undermining judicial processes. Through the analysis of landmark cases and contemporary instances, the paper demonstrates that while media plays a constructive role in exposing corruption and promoting accountability, its unregulated exercise of power can lead to defamation, contempt of court, and irreversible damage to individual reputation and privacy. The study also emphasizes the lack of robust regulatory mechanisms and the growing commercialization of news as key contributors to this problem.
Media Trial, Freedom of Speech and Expression, Fourth Estate, Fair Trial, Right to Privacy, Article 19(1)(a), Article 21.
Constitutional Protection of Children's Digital Identity and Data Privacy in India: Reimagining Article 21 in the Age of Artificial Intelligence
The rapid expansion of artificial intelligence, social media platforms, educational technologies, biometric databases, and algorithm-driven digital services has fundamentally transformed childhood in the twenty-first century. Children today begin creating digital footprints long before attaining legal maturity, often without understanding the long-term implications of data collection, profiling, surveillance, and algorithmic decision-making. While India has witnessed significant developments in privacy jurisprudence following the recognition of privacy as a fundamental right under Article 21 of the Constitution, the constitutional dimensions of children's digital identity remain largely unexplored. Existing legal frameworks primarily focus on data protection and cyber safety, leaving unresolved questions concerning the constitutional status of children's digital personhood, informational autonomy, and algorithmic vulnerability. This paper argues that children's digital identity should be recognized as an independent constitutional interest deserving heightened protection under Article 21. The study examines the intersection of privacy, dignity, autonomy, equality, and child welfare within the context of emerging technologies. It contends that traditional approaches to privacy are inadequate in addressing the unique risks posed by artificial intelligence systems that continuously collect, analyse, predict, and influence children's behaviour. The paper further explores the constitutional obligations of the State to protect children from excessive data extraction, algorithmic discrimination, behavioural manipulation, and commercial exploitation. Through a doctrinal and analytical examination of constitutional principles, judicial precedents, international child rights standards, and contemporary technological developments, the paper proposes a child-centric constitutional framework for digital governance. It advocates the recognition of a constitutional right to digital identity protection for children and recommends the adoption of enhanced safeguards grounded in dignity, best interests of the child, and substantive equality. The paper concludes that safeguarding children's digital futures is not merely a regulatory concern but a constitutional imperative essential for preserving human dignity in the age of artificial intelligence.
Children's Rights, Digital Identity, Data Privacy, Artificial Intelligence, Article 21, Constitutional Law, Informational Privacy, Digital Dignity, Child Protection, Algorithmic Governance.
Freedom of Religion and State Neutrality: A Comparative Constitutional Analysis
The manner in which a constitutional democracy defines and maintains its relationship with religion is among the most revealing indicators of its foundational commitments to liberty, equality, and the rule of law. Whether a state mandates strict institutional separation between governmental authority and organised religion, adopts a posture of equal treatment across all faiths, or participates actively in regulating and reforming religious practices, its approach mirrors deep philosophical choices about individual autonomy, community identity, and the legitimate scope of state power. Against this backdrop, the doctrine of state neutrality toward religion has emerged as an organising principle in constitutional jurisprudence worldwide, even as its meaning remains vigorously contested across different legal traditions. This research paper undertakes a comparative constitutional analysis of the freedom of religion and the principle of state neutrality. Drawing on the constitutional frameworks of the United States, France, India, and Germany, it examines how each system has conceptualised the proper relationship between governmental authority and religious life, and how courts have adjudicated conflicts between religious freedom and competing constitutional values. The paper analyses foundational constitutional provisions, landmark judicial decisions, and recurring doctrinal controversies — including debates over religious symbols in public spaces, state funding of religious institutions, exemptions from neutral laws, and the intersection of religious freedom with gender and equality rights. It argues that the aspiration to state neutrality, however it is formulated, cannot be reduced to a purely procedural formula but requires a substantive commitment to human dignity and genuine pluralism.
Freedom of Religion, State Neutrality, Comparative Constitutional Law, Secularism, Laïcité, Establishment Clause, Indian Secularism, Religious Pluralism, Fundamental Rights, Constitutional Jurisprudence.
Federalism and the Changing Contours of Centre–State Relations in India
Federalism, in its basic usage, denotes a system of governance in which power is split between a central authority and several constituent bodies of the nation so that each government can act autonomously in its domain. In India, the relevance of federalism is paramount when diverse people from different backgrounds and traditions live in tandem. It would be impracticable for a single government to enact legislation for the whole nation, and such action is undesirable given the people's fascination with varying cultures, languages, and distinct histories. Therefore, each state government may enact laws pertaining to the social, economic, and political needs of the residents of various regions, while the central government may enact regulations for the entirety of India. The Latin word “foedus” meaning “treaties or agreement” is the source of the English word “federation”. The federal states were established by treaties or agreements. However, Indian federalism is not the consequence of any agreement or treaty. Thus, federalism is not merely a question of center-state relations but also a method to assure a participating role of the state in the decision-making procedure. The core concept of federalism consists of the Union and the states, along with the distribution of powers among them by the unified constitution. Till 1935, India had a unitary government; the Government of India Act, 1935, proposed the federal plan and, for the first time, established the federal principle in India and established the statutory use of the term ‘Federation’. The Indian Constitution is fundamentally federal in structure and is defined by the typical features of a federal system established by Part XI, together with Schedule VII. Articles 256 to 261 and Articles 245 to 255 of the Constitution of India emphasize the organization of administrative functions, and distribution of legislative authority, respectively. In addition, the impact of the Indian judiciary on federalism has been fluctuating. Federalism in the modern period is a notion of reconciliation among two contradictory trends, the increasing spectrum of shared interests and the desire for local autonomy. This research study will examine the concept of federalism and its changing features in India.
Federalism, Constitution, India, powers, Legislation, OFFEDERALISM
Historical Evolution and Legal Recognition of Third Gender Identity in India -A Socio-Legal Analysis
The recognition of the third gender in India is not a modern development but is deeply embedded in the country’s historical, cultural, and philosophical traditions. Ancient Indian literature, including the Vedas, Upanishads, Smritis, Puranas, and classical epics such as the Ramayana and Mahabharata, reflects an understanding of gender as a fluid and multifaceted concept rather than a rigid binary. References to tritiya prakriti in ancient texts and characters such as Shikhandi in the Mahabharata illustrate the acknowledgment of individuals whose gender identity and social roles did not conform to conventional male–female classifications. In addition to textual recognition, traditional communities such as the Hijras occupied distinct socio-cultural positions, performing ritual functions during births, marriages, and religious ceremonies, thereby signifying a form of symbolic inclusion within the social order. Despite this historical presence, the status of third gender persons underwent a profound transformation during the colonial period. British colonial governance imposed victorian moral values and rigid gender binaries through legal instruments such as the Criminal Tribes Act, 1871, which classified Hijra communities as “criminal” and subjected them to surveillance and social exclusion. This legal stigmatization disrupted traditional support systems and contributed to the long-term marginalization of third gender communities in Indian society. The persistence of colonial attitudes in post-independence India further reinforced social prejudice, economic deprivation, and limited access to education, healthcare, and employment for third gender persons. In the contemporary period, there has been a gradual re-engagement with India’s indigenous traditions of gender diversity through constitutional and judicial developments. By situating present-day reforms within India’s long-standing traditions of gender plurality, the paper emphasizes the need for a culturally grounded and rights-based approach to the empowerment and social integration of third gender communities.
Third Gender, Gender Diversity, Hijra Community, Indian Culture, Colonial Legacy, Constitutional Recognition
Transformative Constitutionalism, Indigenous Sovereignty, and Self-Governance: Examining Tribal Constitutional Autonomy in India and Māori Constitutional Recognition in New Zealand
Indigenous rights and self-government have become important issues in modern constitutional governance. This study investigates the relationship between transformative constitutionalism, indigenous sovereignty and self-governance. It focuses on the issue of tribal constitutional autonomy in India. One other issue that it focuses on is Māori constitutional recognition in New Zealand. While both have established legal and institutional frameworks to safeguard indigenous interests, the two countries vary widely in their constitutional frameworks, historical paths, and indigenous involvement in decision-making. The investigation employs doctrinal and comparative legal methodologies while evaluating constitutional clauses, legislations, judgment orders, treaty provisions, government documentation and public literature. The study in India is focused on the Fifth and Sixth Schedules of the Constitution, Panchayats (Extension to Scheduled Areas) Act, 1996, and Forest Rights Act, 2006. The study in New Zealand is focused on the constitutional significance of the Treaty of Waitangi, the role of the Waitangi Tribunal, and evolving mechanisms of Māori representation and co-governance. The article argues that constitutional recognition alone does not guarantee meaningful indigenous self-governance. Tribal autonomy in India is constrained despite constitutional safeguards. In the same vein, even though New Zealand has used treaty-based mechanisms and instituted reforms to advance Māori interests, tensions persist over the degree of indigenous authority permitted in a system based on parliamentary sovereignty. The conclusion of the study is that indigenous rights will become effective when constitutional recognition entails real participation, institutional empowerment, and respect for indigenous decision-making.
Transformative Constitutionalism, Indigenous Sovereignty, Self-Governance, Tribal Autonomy, Treaty of Waitangi, Constitutional Recognition, Comparative Constitutional Law
Reconceptualizing Spousal Support in Modern Dual-Earner Marriages
The institution of spousal support, traditionally grounded in the economic dependency of one spouse typically women has undergone significant scrutiny in the context of modern dual- earner marriages. Increasing female workforce participation, evolving family structures, and the rise of flexible and gig-based employment have transformed marital dynamics and financial interdependence. This paper critically examines the adequacy of existing legal frameworks governing spousal support in addressing contemporary realities. It argues that traditional models of alimony, based on dependency and fault-based considerations, fail to reflect the economic complexities of dual-income households. Through a doctrinal and socio- legal analysis, this study explores changing gender roles, career sacrifices, unpaid care work, and economic inequality post-divorce. The paper proposes a reconceptualized approach to spousal support grounded in partnership theory, compensatory justice, and gender equity. It further recommends policy reforms including standardized guidelines, recognition of non- monetary contributions, and time-bound rehabilitative support.
Victim-Centered Approaches in Rape Law: Bridging Global Human Rights Frameworks and Indian Legal Practices
The effective strategy for dealing with survivors of sexual assault in the judicial system is victim-centered rape laws. Even if they are not the criminal victim and are only collaborating to be punished, it prioritizes their safety and future rehabilitation. Those who punish others should not be seen as prophets, and those who violate the law and cause harm to others should not be viewed as wicked. In addition to punishment, it's critical that those who violate the law allow their survivors to start again. Advocates for human rights across the world say this. In essence, their human rights will be violated. Given that collective guilt eventually results in rewards and that the lifestyles of criminals tend to get more sophisticated, is it possible that there is yet a deeper category of criminal victim that has not yet been discovered? In addition to hoping for safety, survivors should have a team of attorneys working in their best interests if India's anti-rape laws have become more stringent and the police have fewer survivors. India's rape laws have become more stringent due to a recent statute. However, the best victim-centered policies and processes must be completely implemented.
Rape Law, Victims, Legal Framework, Compensation, Human Rights
The Interplay Between Lawlessness and Chaos in Contemporary Society
Lawlessness and chaos signify the disintegration of social order, characterised by the erosion of established legal systems and communal norms. This article looks into the root reasons of these situations, such as bad government, unstable economies, social inequality, and political turmoil. It looks at how the lack or collapse of legal institutions creates conditions where violence, corruption, and disorder can thrive, which puts people's safety and the unity of society at risk. Using examples from the past and the present, the debate shows what happens when chaos is allowed to run wild, such as the loss of public trust, the disruption of economic activity, and long-term harm to democratic processes. The essay also talks about possible strategies to bring back order, stressing the need for strong institutions, the rule of law, community involvement, and good ways to settle disputes. The research seeks to offer a thorough comprehension of how communities might avert and recuperate from episodes of lawlessness and disorder by examining both causes and solutions.
No laws Confusion The Rule of Law Disorder in Society Failure of Governance Unstable politics Collapse of Institutions
Violence and crime continue to be significant impediments to social stability, public safety, and economic advancement in various nations. This article looks at the root causes, trends, and effects of violent behaviour and crime, focusing on things like poverty, inequality, mental health, and the social environment. It looks at how the law deals with crime through punishment, enforcement, and rehabilitation, showing how important the law is for keeping order and justice. The conversation also talks about how well different crime prevention methods work, such as community policing, changes to the law, and social programs. The paper emphasises the necessity of a balanced strategy that integrates stringent legal frameworks with preventive and rehabilitative initiatives to diminish crime and foster a safer society by examining the interplay of violence, crime, and law.
Violence, Crime, Criminal Justice, Police, Social Factors, Stopping crime
An Academic Look at India's Legal Protections for Children
Kids are some of the most vulnerable people in society, so they need extra protection to stay alive, grow, and keep their dignity. India has put in place a full set of laws to protect children's rights and health. This article looks at the different constitutional provisions, legislative measures, and institutional processes that work together to keep children safe from abuse, exploitation, neglect, and prejudice. The Right of Children to Free and Compulsory Education Act, the Juvenile Justice (Care and Protection of Children) Act, and the Protection of Children from Sexual Offences Act are all important legislation that help protect children and promote justice. The essay also talks about how national agencies, law enforcement, and the courts can best enforce these laws. Even if a lot of progress has been made, problems like lack of awareness, gaps in enforcement, and socio-economic inequities still exist. The article ends by stressing the need for better implementation, increased community involvement, and changes to policies to make India a safer and more loving place for children.
child rights, juvenile, India, legislative frameworks, sexual violence Introduction
Law and Juvenile Delinquency: Responsibility and a New Opportunity
This essay examines the intricate relationship between law and juvenile delinquency, highlighting the equilibrium between ensuring accountability for young offenders and facilitating rehabilitation possibilities. It looks at the laws that regulate juvenile justice and points out the differences between punishment and rehabilitation. Using case studies and recent research, the article looks at how social, psychological, and family factors affect delinquent behaviour. It also investigates how well diversion programs, restorative justice efforts, and second-chance policies work to lower recidivism and help young people grow in a constructive way. The paper contends that a sophisticated legislative framework – one that maintains responsibility while emphasising rehabilitation – can reform the juvenile justice system into a structure that not only deters criminal behaviour but also fosters social reintegration and individual development.
Juvenile delinquency, The system of juvenile justice, Responsibility under the law, Rehabilitation,Justice that heal,Policies that give people a second opportunity, Stopping people from committing crimes again
Copyright (c) 2025 Journal of Constitutional Law and Jurisprudence
The Tenth Schedule Enigma: Deconstructing India's Anti- Defection Law from Democratic Bulwark to Constitutional Burden
This paper critically examines India&#39;s anti-defection legislation, analyzing its constitutional and political implications from pre-1967 ideologically-driven defections to the era of rampant “horse trading”. Employing empirical analysis, doctrinal research, and comparative methodology, this paper investigates how the Tenth Schedule (52nd Amendment, 1985)—originally designed to combat political instability—has paradoxically undermined democratic principles while facilitating systematic defections. The research demonstrates that while individual defections declined, the legislation has systematically eroded intra- party democracy, constrained legislative dissent, and disproportionately benefited ruling coalitions. Quantitative data reveals how liberal interpretations of exception clauses have enabled opportunistic political realignments, particularly targeting smaller parties and subverting genuine stability objectives. Applying Public Choice theory, this analysis exposes inherent institutional conflicts wherein Speakers adjudicatory roles in disqualification proceedings are compromised by partisan considerations. Cross-national comparison reveals India&#39;s anomalous position, with anti-defection laws existing in merely 14% of established democracies, contrasting India's restrictive whip system with flexible parliamentary models in the UK, Germany, and South Africa. 2 The study identifies a fundamental constitutional tension between Article 19(1)(a) and blanket whip enforcement, arguing this creates an untenable restriction on legislative conscience. Proposed reforms include limiting whips to confidence motions, tightening the loose exception clause, adjudicatory reforms vis-à-vis speaker impartiality, and institutionalizing intra-party democratic mechanisms to reconcile party discipline with representative autonomy.
Anti-Defection Law, Tenth Schedule, Political Defections, Parliamentary Democracy, Party Whip Speaker’s Adjudicatory Powers, Merger Exception
The International Legal Regime on Terrorism and Its Interface with National Anti-Terror Legislation
The Unlawful Activities (Prevention) Act, 1967 (UAPA) constitutes the central pillar of India’s counter-terrorism legal framework. Enacted to preserve national sovereignty and integrity, the legislation has undergone substantial amendments, particularly after 2004, significantly expanding the powers of the State to designate individuals as terrorists, conduct investigations, and authorize prolonged detention. These transformations have positioned the UAPA as a powerful instrument in addressing terrorism and unlawful activities. At the same time, its growing scope has generated sustained constitutional and human rights concerns. The paper situates the UAPA within the broader international counter-terrorism regime and examines its interface with constitutional guarantees under the Indian legal system. Particular attention is given to the Act’s expansive and often indeterminate terminology, including expressions such as “unlawful activity” and “terrorist act,” which have raised apprehensions regarding arbitrariness and selective enforcement. The stringent bail provisions, reversed burdens, and extended periods of incarceration without trial have intensified debates about due process, personal liberty, and freedom of speech under Articles 14, 19, and 21 of the Constitution of India. Recent patterns indicate an increasing invocation of the UAPA in cases involving dissent, protest, and ideological opposition, thereby prompting allegations of misuse. This paper critically analyses judicial responses, legislative intent, and the operational realities of enforcement to assess whether the statute strikes a constitutionally sustainable balance between national security imperatives and civil liberties. By engaging with doctrinal analysis, statutory interpretation, and emerging jurisprudence, the study highlights the structural tensions embedded within contemporary anti-terror legislation. It argues for a calibrated approach that preserves the legitimacy of counter-terror mechanisms while reinforcing constitutional safeguards, ensuring that the pursuit of security does not erode democratic freedoms.
Unlawful Activities (Prevention) Act, UAPA, terrorism, national security, constitutional rights, freedom of speech, preventive detention, anti-terror laws, rule of law, civil liberties.
Evaluating the Doctrine of Separation of Powers inIndia: A Comparative Study with the US Supreme Court
One of the fundamental tenets of constitutional governance is the separation of powers doctrine, which guarantees that the legislative, executive, and judicial branches of government stay separate to avert tyranny and protect liberty. India uses a modified version of the doctrine that reflects its parliamentary system of government and constitutional architecture, even though Montesquieu’s political philosophy provides its classical articulation, and the US Constitution provides its strongest institutional realization. Using a comparison analysis with the US Supreme Court, this paper critically assesses India’s philosophy of separation of powers. To determine whether Indian constitutional practice maintains a suitable balance between institutional independence and functional overlap, it looks at constitutional provisions, judicial interpretation, significant case law, and recent changes. The development of judicial activism and claims of judicial overreach in India are further examined in this paper, which contrasts them with the American concept of judicial restraint and organized checks and balances. It contends that although the Indian court has significantly contributed to the defense of fundamental rights and constitutional ideals, increasing judicial intervention poses serious questions regarding institutional competence and democratic legitimacy.
Separation of powers, judicial review, judicial activism, constitutional law, India, United States, constitutional supremacy
The Constitutional Audit of the Bhartiya Nagarik Suraksha Sanhita (BNSS) On the Touchstone of Article 21: Analysing Enhanced State Power and the Right to Due Process
The adoption and enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 signifies a complete restructuring of the criminal procedural law of India to substitute the Code of Criminal Procedure, 1973 in the aim to modernize the investigation, speed up the trials and to introduce the technology to the system of justice delivery. Although the reform is termed as a move towards decolonization and efficiency, it is also increasing the powers of the State in important operations like: arrest, detention, remand, search and seizure, attachment of property and digital surveillance. With this extended powers, since criminal procedure has direct implications on personal liberty, these extended powers attract the constitutionality review in relation to articles 21 of the constitution of india which provides that No one shall be deprived of life or without personal liberty except by a procedure that is defined in law. This paper is a constitutional audit of the BNSS on Article 21 as interpreted in the judicial system to fulfill substantive due process, fairness, reasonableness and non-arbitrariness. The analysis will use a doctrinal and analytical approach to investigate the validity of the BNSS in terms of the statutory provisions, constitutional values, and precedents of essential measures to ensure that the state undertakes no arbitrary measures against individuals. It specifically focuses on the safeguards of custody, gradual police custody, wager jurisprudence, expeditious-trial ordinances, and barriers to forcedness and clean up surveillance. The paper in the end evaluates whether the BNSS can provide a constitutionally viable balance between an extended state power and preservation of individual liberty in the changing criminal- justice framework in India.
Bhartiya Nagarik Suraksha Sanhita (BNSS), Article 21, Due Process, Personal Liberty, Criminal Procedure Reform, State Power.
Digital constitutionalism in the age of transnational data flows: challenges for law and justice ina globalised world
As we navigate the world of globalisation and digitalisation, India’s constitutional framework is finding itself at a crossroads. The flow of data across borders is challenging the established ideas about sovereignty, privacy and justice. This paper looks at how the courts have changed in response to these digital changes especially focusing on Articles 14, 19 and 21. It also looks at important Supreme Court cases like Justice K.S. Puttaswamy (Retd.) v. Union of India. The paper carefully examines Digital Personal Data Protection Act 2023 and the Draft Rules 2025 and points out the ongoing issues with where the law applies and how well it is being enforced. By using a legal and comparative approach it draws on insights from the Global South and considers how data governance can sometimes be seen as neo-colonial as seen in the Pegasus spyware scandal and other major data breaches like Star Health. Finally, the paper offers ideas to help India become more resilient in its constitution and to create a digital system that respects its sovereignty.
Digital Constitutionalism, Transnational Data Flows, Data Privacy, Indian Constitution, Data Sovereignty
24th and 25th Constitutional Amendment Act, 1971: A Doctrinal Analysis
In the early 1970s, India’s Parliament enacted the 24th and 25th Constitutional Amendment Acts to overturn judicial decisions that had constrained legislative power over fundamental rights. This paper examines these amendments’ genesis and effects in light of the enduring tension between individual liberties and socio-economic directives in the Constitution. We first trace the historical background of post-independence land reforms and the pivotal Golaknath ruling, which prompted Parliament to reclaim its constituent power. We then analyze each amendment’s provisions in detail and their immediate implications for property rights and the primacy of Directive Principles of State Policy (DPSPs). Central to this discussion is the Supreme Court’s response in Kesavananda Bharati v. State of Kerala (1973), which introduced the Basic Structure Doctrine and struck down the clauses of the 25th Amendment that attempted to oust judicial review. The paper explores how subsequent cases (e.g. Minerva Mills, I.R. Coelho) have further defined the balance between fundamental rights and DPSPs, and how the basic structure test has become a critical safeguard. We also assess the contemporary relevance of this doctrine: it continues to shape constitutional adjudication in India and has analogues in other jurisdictions (for example, Germany’s “eternity clause” and Pakistan’s “salient features” doctrine). By synthesizing recent scholarship and case law, this study highlights the amendments’ long-term impact on Indian democracy and their place in a global trend of entrenching core constitutional values.
constitutional amendments, fundamental rights, Directive Principles, Basic Structure Doctrine, judicial review, India, comparative constitutional law.
Marital Rape and Constitutional Rights: Exploring theNecessity for Reform in Legal Frameworks
Marital rape, defined as non-consensual sexual activity between spouses, is one of the most contentious and underreported forms of sexual violence in legal systems globally. Despite evolving constitutional jurisprudence that emphasizes individual liberty, dignity, and equality, some legal frameworks maintain marital rape exclusions. This creates a significant disconnect between constitutional aspirations and statutory law. This article examines marital rape through the prism of constitutional rights to determine whether current legal exclusions can withstand constitutional scrutiny and to investigate the need for reform in contemporary legal frameworks. Employing a doctrinal and analytical research methodology, the study analyzes statutes, court rulings, international human rights treaties, constitutional provisions, and comparative legal frameworks. It critically assesses how marital rape exclusions conflict with core constitutional principles such as equality before the law, non-discrimination, individual liberty, bodily autonomy, privacy, and human dignity. The article also situates the issue within the broader context of international human rights law, specifically obligations arising under treaties, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which recognize marital violence as a violation of human rights. The analysis reveals that marital rape exclusions stem from antiquated concepts of implied consent and patriarchal control over women’s bodies, which are irreconcilable with modern constitutional ideals. A comparative analysis of countries including Singapore, the United States, and the United Kingdom demonstrates that criminalizing marital rape has enhanced legal protection for survivors without weakening the institution of marriage. The case studies presented further illustrate how legislative reforms and judicial interventions have progressively recognized consent as fundamental to sexual autonomy, regardless of marital status. The article concludes that the ongoing legal acceptance of marital rape constitutes a constitutional anomaly that weakens the rule of law and perpetuates gender inequality. It is argued that criminalizing marital rape is not merely a matter of policy but a constitutional imperative to guarantee equal protection under the law and the realization of fundamental rights. The article ultimately advocates for comprehensive legal reform, judicial sensitization, and societal awareness to bring domestic laws into compliance with constitutional obligations and international human rights norms.
Marital Rape, Constitutional Rights, Bodily Autonomy, Gender Equality, Consent, Criminal Law Reform, Human Dignity
Intergenerational Climate Justice: Legal and EthicalFrameworks for Protecting Future Generations’Environmental Rights
The problem of climate change presents greater intergenerational justice challenges than ever before, since current emissions are exerting extreme pressures on future generations, the group of people who have no agency in making present decisions. This is a critical analysis of legal and ethical frameworks intended to protect the rights of the future generation on climate change in the context of protecting the environmental rights of the future generation. The research explores how international legal systems can be transformed to acknowledge and implement duties towards posterity by examining international law, constitutional provisions, new litigation strategies and philosophical theories of justice. The paper posits that although significant progress has been achieved regarding youth climate litigation, constitutional environmental rights, and the advancement of guardianship doctrines, there are still enormous loopholes in terms of the application of the principles of intergenerational equity in legally binding statutes. The conclusions propose a multi-layered approach by integrating international treaties, domestic constitutional reforms, judicial innovation and institutional mechanisms as a way of guaranteeing climate justice across generations.
Intergenerational justice, climate change, future generations, environmental rights, climate litigation, sustainable development.
Intergenerational Climate Justice: Legal and Ethical Frameworks for Protecting Future Generation's Environmental Rights
Impact of Goods and Services Tax on the IndianEconomy: A Comprehensive Constitutional Analysis
The Goods and Services Tax (GST) constitutes a transformative development in India’s constitutional and fiscal jurisprudence, marking a significant reconfiguration of the federal distribution of taxing powers under the Indian Constitution. Enacted through the Constitution (One Hundred and First Amendment) Act, 2016, GST introduced a harmonized indirect tax regime grounded in the principles of cooperative federalism, constitutional supremacy, and welfare-oriented governance. By replacing a fragmented system of Union and State taxes with a dual levy structure comprising Central GST, State GST, and Integrated GST, the reform sought to promote economic integration while preserving the autonomy of States within the constitutional framework. This paper critically examines the impact of GST on the Indian economy through the lens of constitutional jurisprudence, focusing on legislative competence, Center–State fiscal relations, and the evolving role of constitutional institutions such as the GST Council. The study analyzes GST considering Fundamental Rights, particularly equality before law and freedom of trade and profession and evaluates its consistency with the Directive Principles of State Policy aimed at securing economic justice and equitable distribution of resources. Further, the paper explores judicial responses to GST-related disputes, administrative challenges, compliance burdens, and technological governance, highlighting the constitutional tension between uniform taxation and federal diversity. By incorporating State-level perspectives, including Assam, the study demonstrates how GST has reshaped fiscal federalism at the grassroots level, affecting local governance, revenue autonomy, and welfare delivery. The paper argues that GST is not merely a fiscal reform but a continuing constitutional experiment in shared sovereignty, democratic decision-making, and welfare state responsibility, requiring constant constitutional scrutiny and institutional refinement to ensure accountability, inclusiveness, and constitutional balance.
Goods and Services Tax, Indirect Taxation, Constitutional Amendment, Cooperative Federalism, Economic Growth, India
Contempt of Court: Balancing Judicial Authority and Freedom of Speech
Contempt law occupies a controversial but inevitable role in constitutional democracies. While remaining true to the duty to protect the dignity, authority, and efficiency of the judiciary, contempt jurisdiction is also a problem since it has the potential to trap the very freedom of speech and expression. In India, tension is most sharply experienced, given the broad sweep of contempt under the Contempt of Courts Act, 1971, read with Articles 19(1)(a), 19(2), 129, and 215 of the Constitution. Although jurisdiction over contempt serves to sustain public faith in the administration of justice, abuse has long been challenged as gagging healthy dissent and democratic accountability. This is a critical analysis of the Indian law of contempt of court specifically relating to the offence of "scandalizing the court," which continues to have statutory definition despite repeal in the majority of common law jurisdictions such as the United Kingdom. Comparative and doctrinal in nature, the study examines to what extent the Indian judiciary has applied the boundaries of fair criticism in seminal cases such as E.M.S. Namboodiripad v. T.N. Nambiar, In Re Arundhati Roy, and In Re Prashant Bhushan. The article also compares India with the United States, in which the First Amendment provides robust protection of judges' criticism, and the United Kingdom, whose reform has restricted contempt so that it cannot be abused. Through inter-disciplinary dialogue with scholarly writing, judicial decisions, and comparative analysis, the article seeks to highlight the imperatives towards reorienting contempt jurisprudence in India. It seeks a balance that retains judicial discretion but without polluting constitutional imaginations of free speech, openness, and democratic accountability. It concludes by proposing reforms that would balance deference to the courts and embracing legitimate criticism and hence fortify the rule of law and democratic discussion.
Contempt of Court, Freedom of Speech, Indian Judiciary, Fundamental Rights
Legislative Reform Imperatives in Nepal’s Arbitration Regime: A Comparative Analysis with Reference to India
This article critically examines Nepal’s outdated arbitration regime, highlighting the urgent need for legislative modernization to meet the demands of a federal, investment-ready state. Despite constitutional support, Nepal’s arbitration law suffers from ambiguous provisions, broad judicial discretion, and weak enforcement mechanisms, which undermine commercial confidence. Through a comparative analysis with India, the article illustrates how India’s targeted reforms—such as statutory timelines, a narrow public policy exception, and judicial restraint—have fostered procedural efficiency and legal certainty. The article assesses Nepal’s recent legislative amendments and identifies ongoing gaps, offering reform proposals including statutory definitions, institutional oversight, and harmonization with international standards. It concludes that Nepal must go beyond legal transplants, embracing contextualized reform, judicial education, and stakeholder engagement to establish a credible, modern arbitration framework that aligns with global best practices.
Judicial Trends in Scientific Investigation in Criminal Justice System in India
Indian Judiciary is using forensic evidence like fingerprint, post mortem report by medical expert, serology, DNA profiling, toxicology, odontology Ballistics etc. Since few years have seen a high increase in use of the scientific modern technology for the dealing of the cases for detection like NARCO analysis, brain mapping, Lie Detector for assisting the Judiciary to attain achieved the truth, justice in delivery. The annual survey of Indian law account of many useful during 2014 by the higher judiciary in India under the evolving legal trend forensic techniques and evidence. While on both Civil and criminal matters cases. The survey includes the description of cases and relevant legal provisions including the macro issue in FS such as ordering of DNA test by Court, matter of conceptual permission before order a forensic test, DNA profiling in matrimonial dispute like parentage and to decide the maintenance suits, disputes related to maternity determination, disputes related to property, DNA and service matters, DNA evidence in criminal matters, cases for the identification of victims, limitations of DNA profiling, right of accused to prove innocence and courts emphasis on capacity building for enforcement agencies. DNA has proved as forensic evidence for human identification and being utilized in cases of both matters. The Supreme Court of United States in Maryland vs kings case.
Judiciary, Court, DNA, Legal Process, Evidence
Problems Faced by the North East Women in the Mainland Indian State
A diverse range of tribal communities and subgroups from the states of Assam, Manipur, Meghalaya, Mizoram, Arunachal Pradesh, Sikkim, Nagaland, and Tripura make up the northeastern region. It resembles a little version of India. Despite this, the population believes it to be a homogeneous society. Many individuals, including women, have migrated to the mainland Indian states, particularly to the nation's major cities, due to the region's lack of infrastructure, job creation, and educational opportunities. However, many of them, especially the women in the community, are subject to numerous racially discriminatory, socially degrading, sexually assaulting, harassing, and abusive platforms because of the stratification system that society has created in terms of the hierarchical treatment of people in terms of race, gender, place of birth, etc. Due to their place of origin, differences in their facial structures, different lifestyles, different eating habits, etc., many women are subjected to sexual abuse, workplace harassment, verbal abuse, mental torture, and fraudulent behavior, even though they come from a small but diverse region and live in such new, developed cities. metropolitan areas, including Delhi, Mumbai, Bangalore, and Kolkata, which are well-known for their advancements in infrastructure, employment prospects, educational opportunities, etc., also have a dark side to their history. Delhi is notable for having India's highest rate of crime against women. However, because of this subgrouping of women, the crimes committed by women in the northeast account for 50% of the overall crime rate percentage in the capital.itself. The following list of case laws explains the relevant circumstances that these women have encountered and managed while residing in India's capital and other pan-Indian states or major cities.
North East Women, Racial Discrimination, Violence Against Women, Karma Dorjee vs Union of India, Article 15 of the Constitution, Bezbaruah Committee, Metro Cities Crimes
Custodial Violence and Accountability Mechanisms as Human Right
The high rate of custodial violence is one of the most alarming human rights questions in contemporary India, which gives an indicator of the severe democratic governance and citizen well-being issues. The paper discusses this issue in details with respect to the scenario of physical and psychological abuse that takes place within police custody. It follows the institutional and historical origins of the issue lighting up on the reasons perpetuating such practices against the protection of laws. The paper relies on principles established in international rights including convention concepts that were established in the United Nations Charter to advocate the unified and dedicated appeal. It requires the involvement of the government, civil society and institutional organs in order to end custodial violence and enhance accountability. Another significant structural problem that the paper has outlined in the Indian system of policing is that of the dire need of reforming the policing system to adhere to the values of the constitution and human dignity. The problem of national institutions, especially Human Rights Cells and the National Human Rights Commission (NHRC), is raised in a very critical sense, especially in the areas of monitoring, investigation, and justice ensuring in the instances of custodial deaths as well as notorious misdoings. Finally, the paper notes that creating an open regulatory system that respects rights through the building of a transparent and rights-respecting policing culture is vital when protecting the rule of law and democratic integrity.
Custodial Violence, Human Rights, Police Reform, National Human Rights Commission, Democratic Accountability
The Myth of Consent: Socio-Religious Endorsement of Forced Marriages and Human Subjugation
This paper explores the intricate dynamics of forced marriage within the socio-religious context of Indian society, analysing its evolution, implications, and its alarming intersection with human trafficking. The study investigates how socio-religious endorsement and familial sanctions perpetuate forced marriage as a socially sanctioned practice. The endorsement of forced marriage has created enduring societal norms that prioritize familial honour over individual agency, creating a fertile ground for human rights abuses. Forced marriages are often normalized within certain cultural and religious ideologies, transforming individual will into a collective obligation and subjugating personal rights. The convergence of forced marriage with human trafficking reveals the darker facets of coercion, where marriage becomes a vehicle for exploitation, commodification, and transnational human trafficking. Through a critical examination of the mechanisms that enable forced marriage, this paper identifies the socio-religious institutions that legitimize these practices and the complex web of stakeholders who both benefit from and suffer under these oppressive norms. Further, it discusses the severe implications on individuals, particularly women, who resist these practices—ranging from ostracism and honourbased violence to psychological trauma and economic insecurity. The paper concludes with a call for societal transformation that prioritizes individual autonomy, underscores the need for legislative reforms, and advocates for comprehensive support structures to protect the rights of those vulnerable to coercion in the name of tradition.
Forced Marriages, Endorsement, Human Trafficking, individual autonomy, Societal values etc.
The Ninth Schedule: Full of Sound and Fury? Seeds of Justice: The Agrarian Roots of a Constitutional Crisis
Article 31B and the Ninth Schedule were initially created to protect agrarian reform from judicial invalidation. Over time, they have come to be seen as tools that may lead to legislative overreach, potentially affecting the importance of fundamental rights and judicial review. This article outlines their constitutional trajectory through key judgments—from Shankari Prasad and Golaknath to Kesavananda Bharati and I.R. Coelho—illustrating the evolving relationship between redistributive justice and the basic structure doctrine. The unchecked expansion of the Ninth Schedule may dilute the principle of constitutional supremacy, suggesting a need for a doctrinal recalibration that confines its scope to its original, limited intent. The Ninth Schedule may face challenges if restraint is not applied, potentially leading to immunity through legislative means and affecting the principles of India’s rightsbased democracy.
Ninth Schedule, Article 31B, Basic Structure Doctrine, Judicial Review, Land Reform, Constitutional Amendments, Fundamental Rights
Judicial Interventions and Legal Frameworks Combating Acid Violence in India: A Criminological Perspective
Acid violence is a heinous and gendered crime that causes irreversible physical, psychological, and social damage, with women comprising the majority of victims. The deliberate use of corrosive substances to punish, control, or silence individuals—often for defying societal norms or patriarchal authority—has become a grave concern, especially in India. This form of violence reflects deeper issues of gender inequality and power imbalances, making it not only a criminal act but also a sociocultural problem. This study critically examines the judicial response to acid attacks in India. It focuses on the criminalisation of such acts, legal remedies available to victims, and regulatory frameworks aimed at controlling the sale of corrosive substances. By adopting a criminological lens, the paper analyses how legal mechanisms have evolved to address this crime and how courts have interpreted and applied relevant laws. Key judicial pronouncements are reviewed to understand the role of the judiciary in shaping responses to acid violence. In recent years, India has witnessed significant legal reforms aimed at tackling acid attacks. Amendments to the Indian Penal Code, such as Sections 326A and 326B, specifically address acid-related offences and impose stringent penalties. Furthermore, the Criminal Law (Amendment) Act of 2013 and subsequent judgments by the Supreme Court have mandated stricter regulation of acid sales and improved mechanisms for victim compensation. Despite these legal advances, several gaps persist in enforcement, victim support, and public awareness. Many survivors face obstacles in accessing timely medical care, psychological counseling, and financial assistance. Moreover, societal stigma and inadequate rehabilitation services hinder their reintegration into society. Compensation schemes, though legally mandated, are often plagued by delays and bureaucratic hurdles. This paper also explores preventive and rehabilitative strategies to curb the menace of acid violence. These include awareness campaigns, better regulation of acid sales, stricter licensing procedures, and community-based interventions aimed at transforming patriarchal mindsets. Strengthening institutional support systems and ensuring coordinated efforts among legal, medical, and social services are essential for holistic victim care and long-term deterrence. In conclusion, while judicial and legislative measures have laid a foundation for combating acid attacks in India, a comprehensive, multidimensional strategy is required to eradicate the crime effectively. This includes not only enforcing existing laws but also addressing the underlying societal attitudes that perpetuate gender-based violence. A sustained commitment to prevention, victim empowerment, and justice delivery is crucial to eliminating acid violence and fostering a safer, more equitable society.
Acid Violence, Gender-Based Violence, Judicial Response, Victim compensation, Criminological Analysis, Legal Reforms in India
Indian Armed Forces: Guardians of Security, Actors in Politics
The Indian Armed Forces, consisting of the Army, Navy, and Air Force, have been an integral part of the nation's defense structure since its independence in 1947. Tasked with safeguarding the sovereignty of India and protecting its territorial integrity, the Armed Forces also play a crucial role in assisting with internal security, disaster management, and peacekeeping missions. However, the role of the Indian Armed Forces is not limited to the military sphere alone. Over time, they have also become influential actors within India’s political framework, contributing to the shaping of national policies and, in certain cases, influencing political outcomes. This dual role of the Armed Forces— acting as both guardians of national security and actors in the political landscape—has been a subject of significant discourse in India’s democratic setup. In terms of national security, the Indian Armed Forces are critical in maintaining peace and preventing conflicts with neighboring nations, particularly with countries such as Pakistan and China. The military's role during the 1962 Sino-Indian War, the 1971 India-Pakistan War, and more recently, the 1999 Kargil conflict, has solidified its stature as the defender of India's borders. The Armed Forces also actively participate in counterinsurgency operations, especially in regions such as Jammu and Kashmir and the northeastern states, where internal conflicts often challenge the state’s authority. Furthermore, they provide essential assistance during natural calamities, such as floods and earthquakes, showcasing their versatile role in contributing to national welfare. However, the Indian Armed Forces are not just involved in security operations. The military also plays an important role in influencing the political landscape of India. This involvement is often due to the deep trust the public places in the Armed Forces, and their strong institutional presence in the country. Over the years, the Armed Forces have, on occasion, supported political leadership, offering guidance on matters related to national security and defense policy. Moreover, in times of political instability, the military’s perceived neutrality and organizational discipline often position it as a stabilizing force, albeit without formally engaging in politics. While the Indian military has largely maintained an apolitical stance since India’s independence, its influence is nonetheless significant. The Armed Forces’ role in shaping national security policy has often extended to political discourse, especially when security concerns take center stage in national debates. For instance, the military’s involvement in strategic decision-making during periods of conflict, as well as its advisory role in shaping defense policies, is often seen as a critical aspect of India's governance. In times of national emergencies or political upheavals, the military’s role can also sway the political landscape, influencing public opinion and policy direction. However, the dual role of the Indian Armed Forces as both guardians of national security and political actors is not without its challenges. The delicate balance between maintaining political neutrality while responding to national security concerns often leads to debates about military involvement in political matters. In a democratic setup like India, where civilian supremacy is paramount, the Armed Forces must navigate their responsibilities without overstepping boundaries. The increasing politicization of defense policies, as well as the growing militarization of national discourse, poses potential risks to the independence of the military and its relationship with democratic institutions. In conclusion, the Indian Armed Forces play a complex and multifaceted role as guardians of security and actors in politics. While their primary responsibility is to safeguard the nation from external and internal threats, their influence on political affairs, especially in matters of national security, remains undeniable. This dynamic relationship requires a delicate balancing act to ensure that the military’s involvement in politics does not compromise its professional integrity and the principles of democratic governance.
Indian Armed Forces, National Security, Military and Politics, Guardians of Security, Political Influence, India-Pakistan Conflict, Indo-China Relations, Counterinsurgency, Defense Policy, Military Neutrality, Political Stability, Military's Role in Governance, Civilian Supremacy, Military Strategy, National Defense, Security Affairs, Political Landscape, Military Professionalism, Armed Forces' Influence and Democratic Setup
The Development of Consumer Protection Law in Cameroon: Addressing the New Era Legal Challenges of Obtaining Effective Remedies for Defective Products
The landscape of consumer protection in Cameroon has undergone significant transformations in recent years, driven by the country's rapid economic growth, increasing consumer awareness, and the advent of new technologies. However, despite these advancements, consumers in Cameroon continue to face numerous challenges in obtaining effective remedies for defective products. This study explores the development of consumer protection in Cameroon, with a focus on the new era legal challenges that have arisen in the context of obtaining effective remedies for defective products. Using a combination of qualitative and quantitative research methods, this study examines the current legal framework for consumer protection in Cameroon, including the strengths and weaknesses of the existing laws and regulations. The study also investigates the impact of globalization, digitalization, and other external factors on the consumer protection landscape in Cameroon, and identifies the emerging legal challenges that consumers and regulatory authorities face in addressing defective products. The findings of this study reveal that while Cameroon has made significant progress in strengthening its consumer protection laws and regulations, there are still significant gaps and challenges that need to be addressed. The study recommends a range of measures to enhance consumer protection in Cameroon, including the development of more effective dispute resolution mechanisms, the strengthening of regulatory enforcement, and the promotion of consumer education and awareness. This study contributes to the ongoing debate on consumer protection in Cameroon and provides a timely analysis of the new era legal challenges that need to be addressed to ensure that consumers have access to effective remedies for defective products.
Consumer Protection, Cameroon, Defective Products, New Era Legal Challenges, Effective Remedies, Globalization, Digitalization, Regulatory Enforcement, Consumer Education, Dispute Resolution Mechanisms.
Case Analysis: American Express Bank Ltd. v. Ms. Priya Puri, (2006) SCC On Line Del 638 - Resolving Disputes in Financial Transactions
The case of American Express Bank Ltd. v. Ms. Priya Puri (2006 SCC On Line Del 638) revolves around the legal complexities of trade secrets, confidentiality, and employment rights. The dispute arose when Priya Puri, the head of wealth management at American Express Bank, resigned and joined a competing firm. The bank alleged that Puri had unlawfully accessed and shared confidential customer information, breaching intellectual property rights and data privacy policies. Seeking an injunction, the plaintiff aimed to restrict her use of proprietary information, arguing that client contacts and business strategies qualified as trade secrets. The Delhi High Court, however, ruled against the plaintiff, emphasizing the employee’s fundamental right to change jobs under Section 27 of the Indian Contract Act, 1872. The court held that publicly available customer information, such as contact details, could not be classified as trade secrets. It further stressed that restrictions on employment transitions, especially those based on an individual’s professional knowledge and relationships, could not be legally enforced. While the court acknowledged the necessity of confidentiality in business operations, it underscored the importance of balancing this with employees’ career mobility and professional growth. The judgment highlighted key considerations in trade secret protection, emphasizing that companies must adopt stringent internal measures—such as secure data management, employee training, and well-defined contractual clauses—to safeguard proprietary information. The case sets a precedent for future employment and trade secret disputes, reinforcing the principle that mere possession of client data does not inherently violate confidentiality agreements unless explicitly protected under law. It also illustrates the evolving legal stance on restrictive covenants and the need for clear legal frameworks to distinguish between trade secrets and general industry knowledge.
Trade Secrets, Indian Contract Act 1872, Information, Injunction, protection
Balancing Articles 25–28 with Article 44 of the Indian Constitution: Religious Freedom vs. Uniform Civil Code
A careful balance between the goals of the state and individual liberties is embodied in the Indian Constitution. While Article 44 envisions a Uniform Civil Code (UCC) to further national integration, gender equity, and secularism, Articles 25–28 safeguard religious liberties, giving people and communities the ability to proclaim, practise, and spread their faith. This essay examines the seeming contradiction between these constitutional clauses, examining how the state's attempts to provide consistency in personal rules may coexist with religious autonomy. The study offers a stepwise and inclusive strategy to balance these conflicting principles without compromising India's diverse character by analysing court rulings, legislative initiatives, and comparative viewpoints.
Secularism, gender justice, religious autonomy, judicial precedents, national integration, freedom of religion, Articles 25–28, 44, and the Indian Constitution's Uniform Civil Code
Child Labour in India: Overvire and Legal Perspectives
Child labour is widespread all over the world and prevalent mostly in states with lower economic status and access to resources. Poverty in families and society, death or disablement/illness of the parents, non-availability of social security and protection, ignorance regarding the usefulness of, or unavailability of, education are some of the countless reasons that lead children to work. Child labour is a hindrance to the growth of individual children and their economy and society. Global estimates indicate that 152 million children, including 64 million girls and 88 million boys, are working, making up almost 10% of all children worldwide. Presently the COVID-19 health pandemic and the subsequent economic and labour market impacts are significantly affecting people's lives and livelihoods. Poor families and their children are usually the worst hit, which can drive even more vulnerable children into child labour. Child labour in India is higher than in most other nations, with some 10 million children working, or looking for work. The topic of this paper is the problem of child labour, the reasons behind it and its harmful effects. Additionally, it also examines the international legal structure surrounding child labor and Indian legislation matters. Apparently, there is definitely a critical need for the issue to be effectively dealt with and solved.
Unavailability, economy and society, non-availability, death or disablement/illness, usefulness
This research paper critically examines the social status of women and children both domestic as well as globally. By exploring a diverse variation on socio-cultural, economic and also political factor. The paper of delves into the disparities and challenges that have been faced by women and children especially those belonging to the weak section of the society. Women compose almost half of the world population. However, their enjoyment of rights on equal footing with men remain far from unsatisfactory. This paper dives deep into the resolution to secure basic human rights of women and the children. Moreover, gender- based discrimination is profoundly imbued in childhood, perpetuating a cycle of violence that affects many women and girls throughout their lives. The human rights framework serves as a powerful tool for both analysis and intervention, offering a pivotal approach to advancing the social status of women and children. It also critically assesses the influence of global frameworks, such as international conventions and human rights policies, alongside the unique national contexts that shape the lived experience of women and children. This paper also explores the historical background, current status, legal frameworks, and challenges affecting women and children globally. It highlights the progress made and identifies the gaps that need to be addressed for sustainable social development. The material and the findings regarding this research has been taken from online surveys, information on the net and also through discussions with peers.
Discrimination, historical background, legal frameworks, gender- based, childhood
Impact of Social Media on Individual’s Right to Privacy
This research paper explores the impact of social media on an individual's right to privacy in the digital era. With the rapid rise of social media platforms driven by sophisticated algorithms and artificial intelligence (AI), privacy concerns have intensified, as vast amounts of personal information are shared online, often without adequate safeguards. Primary issues include the collection of user data without explicit consent, lack of transparency in privacy policies, and the commercial use of personal information for targeted advertising, which compromises users’ confidentiality. This study examines how social media activities infringe upon users' privacy rights, especially under the legal frameworks in India, analysing relevant laws and cases. A survey conducted among 100 individuals provides insights into public awareness of privacy risks.
Social media, right to privacy, Personal data, Data breach, Digital privacy, Fundamental rights
Indian Constitution and Competition Law Regime: An Eternal Crossroad
The Indian Constitutional law traditions have been the bedrock for years and will be very crucial for the time to come in modern globalised India. A traditional constitutional approach has always been a grundnorm that protects and nourishes the economy of the nation through constitutional guarantees including power to control the markets. An eternal query about how do competition law regulations relate to constitutional traditions remains the curious province in the legal literature. This article contrasts the Indian and other prominent constitutional systems to demonstrate how some of their most notable features impacted the evolution of competition law systems from early times to the current forms. It specifically demonstrates how constitutional ideas about property rights, freedom of contract, and the role of government action in bringing about development influenced the merits of competition law regimes. Understanding certain facets of competition law regimes can be aided by comparing the ways in which US and Latin American traditions view the function of the state in relation to property rights and market competition. Therefore, a comparative analysis of the relationships between competition law regimes and constitutional traditions is most warranted to give the nation its evergreen competition law and policy regime. This article presents a normative and jurisprudential enquiry into the constitutional realm of the competition law of new age India.
Constitutional traditions, Indian Constitution, Market control, Competition law, Protection of National resources, Indian economy
Challenges in the Implementation of Legal Aid Services
Legal aid services are essential in ensuring access to justice for marginalized and economically disadvantaged groups. However, the implementation of these services faces numerous challenges, limiting their effectiveness. One of the primary obstacles is inadequate funding, which restricts the availability of legal professionals, infrastructure, and outreach programs. Additionally, bureaucratic inefficiencies and complex legal procedures make it difficult for individuals to navigate the system and receive timely assistance. Limited awareness among marginalized communities’ further hampers access, as many individuals are unaware of their legal rights or the existence of free legal aid services. Geographical barriers, particularly in rural and remote areas, also pose significant challenges, as legal aid institutions are often concentrated in urban centers. Furthermore, political interference and restrictive policies in some jurisdictions undermine the independence and effectiveness of legal aid programs. The lack of trained legal professionals specializing in public interest law further exacerbates the issue. To overcome these challenges, governments, non-governmental organizations (NGOs), and international bodies must collaborate to enhance funding, simplify legal processes, promote awareness, and leverage technology for remote legal assistance. This paper explores the key challenges in legal aid implementation and suggests strategies for improving accessibility and efficiency.
Legal Aid, Access to Justice, Marginalized Communities, Legal Barriers, Public Interest LawLegal Aid, Access to Justice, Marginalized Communities, Legal Barriers, Public Interest Law
Judicial Oversight Through Mandamus a Comparative Analysis of Canada, UK, USA and Australia
Originally from common law, the term "mandamus" means "we command" in Latin, reflecting its function as a court order directing compliance with legal obligations. The writ of mandamus is an important legal tool that forces government officials or public authorities to carry out their legally designated duties. It plays a vital role in safeguarding the rule of law and protecting individual rights across various countries, including India, the United States, Canada, and Australia. In India, Articles 32 and 226 of the Constitution grant the Supreme Court and High Courts the authority to issue mandamus, allowing them to protect fundamental rights and direct public authorities to take required actions. The Indian judiciary has ruled that when an authority has disregarded or refused to fulfill a clear legal responsibility, mandamus may be issued. It cannot, however, impede the exercise of discretion or force legislative action. Although less frequently utilized, mandamus is nevertheless important in the US. When lesser courts or government representatives don't carry out their responsibilities, it enables higher courts to order them to do so. Strict criteria must be met for issuance, including a manifest entitlement to relief and the absence of any other suitable remedy. Canada's strategy is very similar to that of the United States, where mandamus is usually used in administrative law situations. Mandamus should only be imposed when there is a clear legal responsibility and a failure to perform, according to Canadian courts. Mandamus is also accepted as a judicial remedy in Australia, namely under the Administrative Decisions (Judicial Review) Act. According to Australian courts, mandamus can be given to enforce statutory obligations but not to restrict the use of discretion. In summary, although the writ of mandamus has a similar function in all of these jurisdictions that is, to ensure that legal obligations be fulfilled its use and restrictions differ greatly, reflecting the legal systems and ideals of each nation.
Mandamus, Fundamental Rights, Constitution, Judiciary, Judicial Review
Legal Aid in India: Framework and Policies
Legal aid in India is a crucial mechanism for ensuring justice is accessible, particularly for disadvantaged and marginalized communities. Guaranteed under Article 39A of the Indian Constitution, it seeks to provide free legal assistance to individuals who lack the financial means to afford legal representation. The enactment of the Legal Services Authorities Act, 1987, led to the establishment of the National Legal Services Authority (NALSA) and State Legal Services Authorities (SLSAs), which are responsible for implementing and managing legal aid initiatives nationwide. Various programs, including Lok Adalats, legal awareness campaigns, and pro bono legal services, have significantly contributed to enhancing access to justice. Despite these efforts, challenges such as lack of awareness, inadequate legal infrastructure, and procedural delays continue to hinder effective implementation. The judiciary and legal aid institutions must work collectively to strengthen policies, improve legal awareness, and enhance the quality of legal representation. Technology-driven solutions, such as online legal aid portals and mobile legal clinics, can also contribute to bridging the justice gap. Strengthening the framework of legal aid in India is crucial for upholding constitutional values and ensuring equitable access to justice for all citizens, particularly those belonging to economically weaker and socially disadvantaged groups.
Legal aid, India, access to justice, NALSA, Lok Adalat
Corporal Punishment as a Disciplinary Measure in Cameroonian Schools: A Legal Vacuum?
use of corporal punishment in schools is often justified as a means of maintaining discipline and respect for authority. From the legal perspective, corporal punishment in schools is inconsistent with Cameroon’s international human rights obligations [1] which prohibit punishment and other forms of violence against children. The physical and moral integrity of the students is guaranteed in the educational system [2] in Cameroon. Despite these legal provisions corporal punishment remains widespread in Cameroon schools. The problem in this research work is that the entrenched practice of corporal punishment as a disciplinary method within the Cameroonian education system presents a complex and deeply problematic issue. Unfortunately, some teachers in Cameroon’s educational system have been known to be harsh and abusive, using corporal punishment to discipline students. This can have serious negative effects on student’s physical, emotional and psychological ell-being. The lack of established reporting mechanisms and transparent investigative processes hinders the possibility of identifying and addressing instances of abusive corporal punishment. This practice may give rise to pedagogical inadequacies of corporal punishment far from promoting effective learning, it may create a climate of fear and distrust, hindering the development of positive teacher-student relationships and impeding the learning process. Learners in this respect are understandably and predictably strongly affected by corporal punishment as a form of disciplinary measures. For these children who are victims, the risk of abuse of their fundamental rights almost mathematically increases on daily basis. These tortures experienced by children in Cameroonian schools in the form of corporal punishment, has not only saw the need of some legal framework protection and laws ranging national, international, human rights organizations, but also raises the need to know the basis for legality. The objective of this paper is to critically examine the legality and practice of corporal punishment on children under the Cameroonian criminal law. The main research question is to find out what are the national and international instruments relating to offences committed within the Cameroon academic milieu and the legal instruments protecting the rights of children against corporal punishment as a disciplinary measure in school?
Corporal Punishment, Disciplinary measures, School, legal vacuum
Understanding the Influence of Appellate Tribunals on the Judicial Process in India
Appellate tribunals play a crucial role in the Indian judicial system by addressing specialized disputes and alleviating the burden on traditional courts. Established to provide faster adjudication in areas such as taxation, corporate law, administrative matters, and environmental concerns, these quasijudicial bodies aim to deliver justice efficiently and cost-effectively. Tribunals are designed to combine legal expertise with technical knowledge, enabling informed decisions in complex legal domains. However, their influence on the judicial process is both transformative and challenging. While they enhance judicial efficiency by expediting case resolution and reducing pendency, concerns about judicial independence, procedural fairness, and executive control over appointments have raised significant debates. Judicial review by High Courts and the Supreme Court ensures that appellate tribunals function within constitutional boundaries, safeguarding principles of natural justice and protecting fundamental rights. Landmark judgments, such as L. Chandra Kumar v. Union of India (1997), have reinforced the importance of judicial oversight to maintain accountability and prevent misuse of power. This study examines the effectiveness of appellate tribunals in reducing judicial workloads, their role in protecting constitutional rights, and the challenges they face in maintaining transparency and independence. The findings emphasize the need for institutional reforms, improved regulatory frameworks, and stronger oversight mechanisms to enhance the credibility and integration of appellate tribunals into India’s judicial system, ensuring a more accessible and efficient justice delivery process.
Appellate Tribunals, Judicial Process, Judicial Review, Constitutional Rights
Role of Artificial Intelligence in the Indian Judicial System
Artificial Intelligence (AI) Integration in the Judicial System of India: A Paradigm Shift in Justice Delivery More than 4.32 crore cases are adjourned in various courts and there is a considerable burden on the judiciary to populate its operational efficiency. For instance, tools like SUPACE (Judicial Decision Support) and SUVAS (Document Translation) relying on AI are being developed and implemented for better case management and legal research. Such innovations not only speed processes that have become rote tasks, but also help break down language barriers, allowing more people to use more resources that they could not have accessed otherwise. The COVID-19 pandemic accelerated the trend and revealed the promising aspect of AI that use of virtual hearings and online dispute resolution mechanisms and processes. Nonetheless, the incorporation of artificial intelligence comes with hurdles as well, with algorithmic bias, accountability, and ethical consequences being considerations to weigh cautiously. It is critical to use AI as a tool of justice, rather than a substitute for human judgment. While the Indian judiciary is integrating itself into this technological revolution, it should ensure development scales along with ethical considerations to galvanize public confidence and ensure fairness and equity. This paper discusses the various ways in which AI is both benefiting the Indian judicial system and simultaneously how the Indian judicial system is affording a big question of whether AI is doing good for the whole society, what are the current challenges and measures that are to be taken to solve these challenges in the future to make justice deliverable in an efficient manner where Ai can work together with its subordinate systems.
Artificial Intelligence, Indian Judiciary, case management, legal research, accessibility, algorithmic bias, ethical implications
Copyright (c) 2024 Journal of Constitutional Law and Jurisprudence
Federalism in India: A Comprehensive Analysis of its Evolution, Features, and Controversies
India's federalism offers a distinctive form of government that is distinguished by the division of authority between the federal and state administrations. This article provides a thorough examination of the evolution, features, and controversies surrounding federalism in India. Starting with its historical foundation, the conversation looks at the core characteristics of the federal system, such as the Constitution's primacy, the division of powers, its inflexibility, and the function of an independent judiciary. The article explores the merits and demerits of federal government, highlighting its suitability for diverse countries like India. Additionally, it analyzes the evolution of federalism in India, tracing its constitutional history from colonial rule to the present day. Through a detailed examination of legal precedents and scholarly discourse, the article sheds light on the complexities and nuances of Indian federalism, addressing the ongoing debates and differing perspectives on its nature and functioning.
Federalism, India, Constitution, Central Government, State Government, Evolution, Features, Controversies, Judiciary, Division of Powers
Media's Role in Shaping Perceptions of Women in Indian Politics: A Critical Analysis
This paper analyses how the media shapes people's perceptions of women in Indian politics. Although India has made progress in terms of gender equality, women in Indian politics still face numerous challenges, including media portrayals that often reinforce stereotypes and biases. This paper explores the existing literature and investigates how media representations affect public perceptions of female politicians in India. It delves into the portrayal of women in Indian politics across various media platforms, considering language, imagery, and framing. Additionally, the paper explores the impact of media portrayals on women's political careers, electoral success, and psychological well-being and how gender intersects with caste, religion, and regional identity in media representations. The research methodology is doctrinal in nature, and it examines the media's influence on public perceptions of ten Indian women politicians, including their political journey studies, published news, and opinions from social media platforms. The aim is to analyze how media influences public views of female politicians. The paper concludes by proposing strategies for promoting more inclusive and equitable media portrayals of women in Indian politics, including media literacy initiatives and advocacy for diversity and representation. Through this critical analysis, the paper aims to contribute to a better understanding of the challenges faced by women in Indian politics and to inform efforts to promote gender equality in the media and beyond.
Media, women, politics, leader, constitution, gender equality
Disowning Parents: Legal Implications of Property Transfers by Children in India
This paper examines the issue of children disowning their parents after property acquisition in India, using a qualitative research approach that includes case law analysis, interviews with legal professionals, and a review of media reports. The study aims to answer the following research questions: How do current legal frameworks handle property transfers from parents to children? What are the emotional and financial effects on disowned parents? The key findings highlight a significant lack of legal protection for parents, with many cases revealing emotional distress and financial hardship. The analysis underscores the need for reforms in property law and judicial practices to protect parental rights. Ultimately, the paper calls for a comprehensive legal framework that addresses both property rights and familial obligations.
Property Law, Disinheritance, Hindu Law, Muslim Law, Legal Rights
Afghanistan State-Owned Corporations, Opportunities and Challenges
This research examines a crucial topic in the economic sphere: the challenges and issues faced by state-owned Corporations (SOSs) in Afghanistan, and how to transform these challenges into viable opportunities through effective solutions. Billions of Afghanis have been invested in these viable, employing tens of thousands of individuals. Despite this, it is evident that, despite past achievements, experiences, and reputations, these corporations are in a poor condition and have not fully capitalized on this substantial investment. This study identifies and analyzes the problems and challenges that these companies have faced in the past and present, suggesting constructive and effective solutions to revitalize them and improve their current status. Another focus of this research is the impact of twenty factors—some internal and some external—on the decline of Afghanistan's state-owned corporations, which have shifted from a state of flourishing and leadership in production and service delivery to their current unfavorable condition. Although some of these factors have diminished, their negative effects continue to cast a shadow over the operations of these companies. After investigating the causes of these corporations' setbacks, the study presents twenty-one solutions aimed at improving operations, converting challenges into opportunities, and achieving desirable outcomes. If the responsible authorities and stakeholders of these corporations consider the proposed recommendations and adhere to the various directives provided for each suggestion, it is likely that these corporations will grow even further and play a significant role in the country’s development and revenue enhancement.
State-Owned Corporations, Opportunities, Challenges
Judicial Activism and the Protection of Refugee Rights: Interpreting the Indian Constitution in the Context of Asylum and Non-refoulement
The Indian Constitution, as the supreme law of the land, binds all state organs including Parliament and state legislatures to operate within its boundaries, ensuring that any unconstitutional action [1] is rendered legally void. Recognized as the "Soul of the Nation," the Constitution influences all societal aspects, transcending various social, economic, and regional boundaries. Its operational structure consists of the legislature, executive, and judiciary, with the judiciary having a vital role in interpreting the Constitution and protecting the rule of law and individual rights. Judicial activism in India [2] involves courts in shaping societal norms and guiding the actions of the executive and legislature. The Supreme Court holds significant authority in constitutional matters, including the power to declare laws and actions as unconstitutional. Traditionally, only individuals directly affected could approach the Supreme Court or High Court, but the introduction of Public Interest Litigation (PIL) has expanded access to justice, particularly benefiting the underprivileged and those unable to seek legal redress due to socio-economic disadvantages [3]. Judicial functions are primarily interpretative, with courts acting as arbiters of legal disputes rather than super-legislators. This interpretive function encompasses significant rulings like the "basic structure doctrine" established in the Kesavananda Bharati case, which restricts Parliament from modifying essential constitutional elements. Other significant interpretations include the introduction of "due process" under Article 21 in the Maneka Gandhi case and the affirmation of natural justice principles. Additionally, the judiciary has extended protections to refugees despite the absence of comprehensive refugee legislation, establishing key principles like the right to asylum and non-refoulement. Judicial interpretations enhance the Constitution's adaptability to societal changes, protect individual rights, and ensure justice and fairness. However, they are also criticized for issues such as judicial overreach and inconsistency. The judiciary’s role in reviewing laws and maintaining constitutional balance underscores its importance in fostering a just and equitable society.
Constitution, Judicial Activism, Supreme Court, Public Interest Litigation, Basic Structure Doctrine.
Judiciary’s View on Visual Digital Expressions: An Analysis of Interpretation of Emojis
While critics expressed their concerns that emotions cannot be truly expressed via text, Emojis were designed for the rescue. Emojis are tiny digital icons used to convey feelings through text messages. It is now used more than ever, to a point that if a person refrains from using emojis, he will possibly be assumed to be rude, introverted, too professional to send in a casual message or to be lacking digital literacy. It has to be accepted that it is impossible to understand the meaning of each and every emoji, not to mention the different ways of interpretation according to culture and context. While we are slowly trying to realize that emojis may not have the same meaning at all times, a case in the court for using an emoji is nothing as expected. This paper seeks to analyze the ways in which the various courts have recognized and interpreted the usage of emojis in terms of contracts and for acknowledging existence of mens rea. Additionally, the papers also seek to analyze whether there is uniformity in interpretation of emojis across various parts of the world is feasible and if not what are some of the factors that are considered by the courts to interpret the meaning of emojis.
Emoji, Contracts, Judicial precedents, Interpretation of Courts
Right to Privacy: Exploring the Judicial Approach in this Digital Age
The need and relevance of privacy or private life always remains questionable for almost every individual in the society. As technology advances, the importance of this right has become more uncertain. This article aims to evaluate whether existing legal systems provide adequate and effective safeguards. For many years, human rights have assisted humans in providing and strengthening the fundamental rights provided for their survival. There is no doubt that many efforts and activities are already being made to deal with the threat posed by cyberspace, however, these activities are not enough to deal with the threat. Although it is rapidly growing, its scope remains restricted and largely confined to regional and local levels. Therefore, it is necessary to consider how important it has now become to create laws that not only protect physical security but also provide protection from cyberspace. This will contribute to ensuring accountability, trust, and security in the global market, which are crucial for the progress of modern society. The aim of this paper is to examine the mechanisms that require further exploration and adjustment to safeguard data in the present age.
Privacy, Fundamental Right, Digital age, Digital protection, Right to Life, Personal liberty
An Analysis on Impacts and Future Aspects of Cybercrime in Different Sectors of Bangladesh
Cybercrimes are defined as computer-related offenses, where understanding of a computer system is crucial to committing the crime. In this century, the technology of the world is improving rapidly and this rapid growth of technology is one of the major fuels of cybercrime. As a developing country Bangladesh is not well develop enough in the sector of technology which make it vulnerable to cybercrime. As a result, Bangladesh facing considerable amount of cybercrime in every year causing damage on economic sector, public property and sometime west valuable work hour. For this reason, Bangladesh have already implemented The Information and Communication Technology Act-2006, and The Digital Security Act-2018, which is replaced by The Cyber Security Act-2023, though those laws are not enough in the transforming field of technology. As cybercrime and cybercriminals are becoming dangerous day by day with the help of modern technology like Artificial Intelligence, Machine Learning, Data Science analytics and Blockchain technologies. To mitigate this threat the world trying so hard, different countries are trying to combat different types of threat they are facing. Countries like India, Pakistan, and America adapted necessary dynamic approach in the implementation of law and policy making. So, for survive in this new world where Artificial Intelligence (AI), Machine Learning are booming and technology are becoming more available day by day Bangladesh need proper planning and daily evaluation and dynamic approach in law and policy making to make people aware about the technology, it’s bad use and the law around it to protect people, public property and country. For this, comparative study on this sector of cybercrime and its law in different part of the world is important.
Cybercrime, Artificial Intelligence, Machine Learning, Information, Technology
The Social Media: A Setback to An Effective Protection of Human Rights Within the Cameroonian Legal District
The changing patterns of social interactions caused by the ICT revolution has made inevitable the continuous existence and usage of the social media. The usage of the social media cuts virtually accross every sector of the human society and has been embraced by human rights activists who for a while now have used it to promote and uphold human right standards. However, this same social media that has always been the vector for upholding, promoting and decrying violations of human rights in and around the world is today being used as the appropriate place to commit and execute acts of human rights violations mindful of existing international and national instruments regulating both the social media and human rights. It is on this, that we endulge in this study to identify and examine the various ways through which human rights are violated on the social media. Our analysis and conclusions are backed by information gathered from both primary and secondary sources. Our finding potray different dimensions of human rights violation ranging from defamation to cyberstalking, with some even leading to the death of victims, as recorded in cases of cyber bullying. Based on the aforementioned, we recommend for the introduction of an information filtering system, and equally a more effective public-private coorperation especially with service providers.
Social Media, public-private coorperation, ICT revolution, aforementioned, effective protection
Social Media Governance in Cameroon: An Inquiry Into its Regalian Role of Ensuring Security to Users
The social media with its facinating speed and ease in communication has in the last three decades caused a systematic change in the livelihood of many and a new pattern in the modes of human interaction. Its multiplier effect is being felt heavily in the domain of comminication, medicine and businesses, with a move from traditional business to e-commerce. While applauding this technology that today unites the world as global village, it is recurrent in our daily dealings that the social media has its own setbacks, as no one seems to be safe from cybercriminals and persons with mailicious intents on the social media. It is on this premise that we set out in this research to investigate and uncover the nature of social media governance in Cameroon, while questioning its effectiveness in providing adequate safty to its users. Making use of both qualitative and quantitative research methods, our findings reveal that the existing formal and informal governance techniques applied both by the public and piravte parties seems inefficent in resolving the already existing difficulties of social media users and if not upgraded, the situation might eventually become very degrading in the long-run. It is on this setback that we advocate for an increase in public-private partnership in the fight against cybercrimes and equally a greater cooperation amongst states for a global governance with the creation of a global social media policy.
Social Media, Governance, Security, Users, Formal and Informal
The Proportionality Test Jurisprudence of the Supreme Court of Ghana
This paper does not promise any comprehensive evaluation of the worth of the Supreme Court of Ghana, especially as it relates to the positive engagement of the court with all legal principles. The purpose of this article is to explore the idea of a more progressive theory of legal analysis in respect of the proportionality principle. Although the Court's formalistic, rule-based explanation for the proportionality principle needs strengthening, and its application in specific instances may be questioned, the principle itself is not the product of illegitimate judicial activism. Inherent in this principle, we will argue, is a legal culture of justification reasonably required for the protection of constitutional rights in the administrative decision-making process. On the account of this, we claim that the application of the proportionality test constitutes a soft constitutionalism principle to safeguard rights in administrative justice actions.
Examining the Legal Aspects of the International Arbitration Between South Korea and Japan Regarding the Delimitation of Sea Boundaries
The international arbitration case between South Korea and Japan in the field of Exclusive Economic Zones (EEZ) has been raised as one of the most important challenges of international maritime law in recent decades. This case, which is caused by historical and political differences between the two countries, seeks to determine the limits and exploitation rights of marine resources in the disputed areas. Considering the wealth of resources available in these areas, these disputes have not only legal dimensions but also deep economic and political dimensions. In this article, various aspects of this case are analyzed, including the relevant international laws, the arbitration process, and its effects on international relations. Also, the results of this arbitration can be used as a model for the settlement of other maritime disputes at the global level.
South Korea, Japan, Exclusive Economic Zones, International Arbitration, Law of the Sea, Maritime Disputes, Maritime Resources, International Relations
Overcoming Barriers: Strategies for Effective Recognition and Enforcement of Foreign Judgments and Arbitral Awards in Cameroon
The recognition and enforcement of foreign judgments and arbitral awards face significant challenges due to diverse national laws, varying court procedures, and conflicting jurisdictional requirements, resulting in uncertainty, delays, and additional costs for parties seeking to enforce foreign judgments and awards. Despite efforts to harmonise laws and procedures, barriers persist, hindering cross-border trade and investment. This research examines the complexities surrounding recognition and enforcement, focusing on Cameroon as a case study. Through a qualitative analysis of legal frameworks, case law, and expert opinions, this study identifies key obstacles and develops strategies for overcoming them. The research reveals that inadequate domestic laws, limited international cooperation, and inconsistent court procedures are primary barriers. To address these challenges, this study proposes: Strengthening international cooperation through bilateral and multilateral agreements, enhancing domestic laws and regulations to align with international best practices, improving judicial capacity and training for effective recognition and enforcement, promoting alternative dispute resolution mechanisms. This research contributes to the existing body of knowledge on international commercial arbitration and dispute resolution, offering actionable recommendations for policymakers, legal professionals, and parties involved in cross-border disputes.
Foreign judgments, arbitral awards, recognition, enforcement, international dispute resolution, Cameroon
The Nanavati Case: Defining Justice and Emotion in Indian Law
This paper examines the pivotal case of KM Nanavati vs. State of Maharashtra, which significantly influenced Indian criminal law. It outlines the events leading to the case, the legal arguments presented, and the eventual Supreme Court decision. We discuss the case’s implications for the legal interpretation of provocation and public sentiment in judicial processes. By analyzing the legal principles involved, this paper seeks to provide insights into the complexities of justice and societal values in India.
KM Nanavati, provocation, Indian law, Supreme Court, public sentiment
The Control of Conformity to Rules On Health and Safety at Work in Cameroon: A Legal Appraisal
This piece analyse the mechanisms put in place to ensure conformity to rules aimed at safeguarding the health and safety of workers at work. It establishes that, the rules are develop by the legislator and are to be implemented by the employer. However, to ensure that the employer stricto sensu implement the rules, the legislator provides for controls by internal and external organs in labour relations. The purpose of the control is to verify if the employer is acting in conformity to the rules as stated, failure of which attracts sanctions. Generally, the employer has the obligation to ensure the proper organization of work, ensure health and safety of workers at work and provide work to employees within acceptable standard. The worker on his part has the obligation to ensure his own health and safety at work by conforming to rules of technical organization of work and complying with hygiene and safety prescription of the enterprise. This is supplemented by controls which can be internal or external. External control of conformity is carried out by professional institutions and administrative organs while internal control of conformity involves control exercise by hygiene and safety committee and exercise by medical and health service of the enterprise. In this light, labour and social security regulations should be made more effective through proper implementation so that it can continue to benefit all workers who need protection.
Controls, Conformity, Health and Safety, Worker, Employer
Parental Disownment: Implications for Property Transfers Among Children in India
This paper investigates the phenomenon of children disowning their parents following property acquisition in India, utilizing a qualitative research methodology that includes case law analysis, interviews with legal practitioners, and a review of media reports. The study seeks to answer the following research questions: How do existing legal frameworks address property transfers from parents to children? What are the emotional and financial impacts on disowned parents? Key findings reveal a significant gap in legal protections for parents, with many cases highlighting emotional distress and financial insecurity. The analysis emphasizes the need for reforms in property law and judicial practices to safeguard parental rights. This paper ultimately advocates for a comprehensive legal framework that addresses both property rights and familial responsibilities.
Balancing Secularism And Religious Education, The Role And Regulation Of Madrasa Boards
The balance between secularism and religious education in India presents a unique challenge, especially concerning institutions like madrasas. Madrasas, traditionally associated with religious education, serve as critical educational spaces for the Muslim community, offering both religious and secular studies. However, the Allahabad High Court's decision declaring the Uttar Pradesh Madrasa Education Act, 2004 unconstitutional has sparked debate. The Court ruled that establishing a board for religious education violates the principle of secularism and Article 14 of the Constitution, which mandates equal treatment. Despite this, madrasas play an essential role in educating marginalized communities, addressing both cultural and religious needs. The Madrasa Board ensures standardization, regulates education, and promotes modernization by including secular subjects alongside religious instruction. The Court's ruling risks disrupting the education of nearly 17 lakh students and displacing educators, while the Supreme Court's stay on the decision highlights the complexity of the issue. The Madrasa Board’s regulatory role, aiming to balance secular and religious education, is crucial for maintaining educational equity and fostering an inclusive, diverse society. A nuanced approach is necessary to ensure that secular principles are upheld while addressing the unique needs of the Muslim community through institutions like madrasas.
Secularism, religious education, madrasa board, allahabad high court, educational equity
Rights of Religious Minority in India: An Overview
It is critical to comprehend how minorities have fared both historically and currently. A minority is a subset of people who, in a given location, are comparatively smaller than the majority. India is home of several minority groups related to different areas, subcultures, belief systems, and castes, including ethnic, religious, and linguistic minorities. Hinduism, Jainism, Budhism and Sikhism are the world's four great religions that have originated in India and by virtue of which the Religion has proved to have a significant role in India’s culture round the history. Minorities in India face all types of inequalities in public sphere regardless that Indian customs, Legislation and Constitution upholds religious tolerance and diversity and offers the minority group numerous legal protections as well as unique provisions for their social and economic advancement. Even the force and violation of natural rights of minorities is a reality in India.
Constitution, Culture, Diversity, Education, Hindu, Language, Majority, Minority, Religion, Rights, Script etc.
Legal Aspects of Women's Security: A Comprehensive Overview
The issue of women&#39;s security is a critical concern in contemporary society, with various laws and regulations in place to address sexual harassment and provide legal support for women. This article primarily discusses the The 2013 POSH Act, also known as the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, in relation to the legal issues of women security in India. The study explores key provisions of the Act, including the establishment of Internal Complaints Committees (ICCs) and Local Complaints Committees (LCCs), as well as procedures for redressal and penalties for non-compliance. The methodology involves analyzing the POSH Act and other relevant laws such as the Indian Penal Code [Now, Bharatiya Nyaya Sanhita, 2023],Evidence Act 1872 [Now BSA, 2023], Dowry Prohibition act 1961, The Information Technology Act 2000, Protection of Women from Domestic Violence Act 2005,Central Civil Services Rules, and Maharashtra Civil Services Rules. The findings highlight the importance of creating safe work environments for women and the need for strict adherence to legal provisions to prevent and address sexual harassment. The study findings highlight how important these laws are for defending women&#39;s rights and advancing gender equality.
Women's security, Sexual Harassment of Women at Workplace Act, Legal Framework, India, Gender equality
Economic Growth and Fragile Environment: A Dilemma
There is a quite apparent trade-off between economic growth and environmental protection, especially in developing nations like India. However, one cannot come at the cost of the other, yet a little balance with some compromise is required to balance the both for the betterment of society. Lately, the buzz around environmental protection has been increasing around the world, as evidenced by the increasing temperature and change in the climate, leading to myriad treaties, conventions, and agreements among the nations. However industrialization is not the only contributor affecting the environment, yet it accounts for a larger chunk of ill-effects caused to the environment. To mitigate the ill effects of industrialization and other factors on the environment, a slew of laws have been passed. This paper will discuss the conflict between economic growth and environmental preservation through laws and how the legal framework protects the environment. The authors will go through the relevant case laws that have given balanced legal frameworks on these two aspects and the challenges in their implementation. This paper further delves deep into the significant benefits and the development of more diversified environmental laws in its preservation, safeguarding, and the development of more sustainable business practices. The authors would wrap up by offering potential recommendations for achieving a balance between economic development and environmental conservation.
Economic growth, Environmental protection, Environmental concerns, Balanced framework, Sustainable practices, Public awareness
The Challenges in Enhancing Participatory Governance in Sustainable Energy Transitions in Rural Communities of Cameroon: A Legal Analysis
The world stands at a critical juncture and the need for a sustainable energy transition that reduces dependence on fossil fuels and mitigates climate change, is irrefutable. Sustainable energy systems are a crucial element of sustainable development, particularly in developing economies.. The transition to sustainable energy is critical for rural communities in Cameroon, where access to reliable and clean energy sources remains a significant challenge. Millions still rely on traditional biomass fuels like firewood and charcoal, leading to deforestation, health issues, and limited economic opportunities. While grid extension remains a long-term goal, geographically dispersed populations and financial constraints render it often impractical. In tandem with the foregoing, this paper explores the challenges in enhancing participatory governance for sustainable energy transitions in local communities within a legal perspective. Participatory governance, which includes the active involvement of local communities in decision-making, is vital for the effective execution of sustainable energy projects. The case of Cameroon provides a unique context to examine how legal mechanisms can facilitate or hinder community involvement, ensuring that energy policies are not only effective but also equitable and inclusive. Through a content analysis of primary and secondary data, we therefore, uphold that if renewable energy is effectively managed and regulated, could enhance sustainability in the energy sector of Cameroon and the world at large.
Legal Analysis, Participatory Governance, Energy Transitions, Rural Communities, Cameroon
Real Estate Mega Infrastructure and Law at Global Level: Potentials and Developments
Geopolitically important regional initiatives like the Asian Highway and the Belt and Road Initiative (BRI) have relied heavily on infrastructure. Large-scale infrastructure initiatives like these are seen as essential catalysts for both & infrastructure diplomacy&quot; and economic recovery. Road construction projects, in particular, pose complicated issues for international law, especially when they have cross-border effects. Throughout their development and lifetime, these projects have a significant and lasting effect on the surrounding communities and ecosystems. This paper examines the potential implications of infrastructure entanglements for international law by drawing on ideas from new materialism. International law and transportation infrastructure have a symbiotic connection, but one that often minimizes crossing consequences and human/non-human linkages in favor of financing &quot;gaps,&quot; investment safeguards, and risk evaluations.
Mega Infrastructure, Globe, Real Estate, Sustainability, Financial Commitment
Causes of Corporate Failure: Emphasizing the Erroneous Accounting and Board Failure
The United Kingdom has become a land for corporate failure and the position of failure is alarming as one in 213 companies is facing liquidation as reported by Lucy Burton in Telegraphy on January 26, 2018. In 2019, Insolvency Service officially released that 17196 companies fell into insolvency. That rate was 7% more than in 2018. In the last decade, high-profile corporate failure cases have been reported and recently it has been a “common element of the corporate world as the Carillion collapse that occurred in January 2018 is the biggest example of it.” The repercussions of failure, of course, have affected the corporate world because the company was much more operative all around the world. Carillion’s failure was on the heel of BHS&#39;s failure while in 2019 the failure of British Steel, a British travel firm, and Thomas Cook was hot on Carillion&#39;s heel. Further, Covid-19 added fuel to the fire of corporate failure. The Achilles’ heel of these corporate failures is worrisome as these are heralded by good accounting records publication that superficially gave a clean and clear bill of health to the companies. This is a question to the position and effectiveness of corporate governance albeit, after the first review of the issue regarding corporate governance, the United Kingdom looked forward to corporate governance restructuring. The publication of the Cadbury Report in 1992 was an example of the UK concerns and the report was lesson enshrining corporate governance reform for the entire world. After that, corporate governance codes of many countries were adjusted on the basis of the Corporate Governance Code of the UK. The 1992 Report reformed the “corporate governance of the UK in the form of the Combined Code on Corporate Governance of 1998 which was reformed again in 2009.” The statutory rules of the Companies Act 2006 are supplemented by these Codes. However, the matter of concern is after these constant reforms how the corporate failure cases came into existence although the United Kingdom is considered a leading jurisdiction since the existence of the Cadbury Report played a significant role in encouraging the listed companies to follow the doctrines of the Code and obliged them to explain why the principles are not being complied by them under a provision Comply or Explain. Following the release of the report, the companies began to adhere to the principles outlined in the Code. The highlighted issue that needs a discussion is why corporate failure is increasing over time despite the existence of corporate governance codes and corporate governance reforms. Whether the corporate governance reform is less effective or failed to impact the corporate failure or whether it is the fate of companies to fail despite the corporate governance reform. This study with the spectacles of qualitative research techniques endeavors to scrutinize the main causes of corporate failure in the context of regulatory changes and shed light on erroneous accounting and board failure with an aim to conclude the effectiveness and efficacy of corporate governance reform in the jurisdiction of the United Kingdom to culminate into a reasonable conclusion.
corporate failure, erroneous accounting, auditing, board of directors, company
Artificial Intelligence and Machine Learning in Banking: A Legal Perspective
Artificial intelligence (AI) and machine learning (ML) are rapidly transforming the banking sector, bringing significant efficiency gains, fraud detection capabilities, and tailored customer experiences. Nevertheless, this integration also brings about new legal intricacies. This blog explores the burgeoning application of AI and ML in banking through legal lens. We explore the regulatory environment, examining how current frameworks address challenges such as data privacy, algorithmic bias, and accountability concerning decisions driven by AI. The article further explores challenges concerning the explainability of AI models and potential consumer protection concerns arising from their use. By critically examining these issues, we aim to illuminate a path towards responsible and legally compliant adoption of AI and ML in banking, fostering financial innovation alongside robust legal safeguards.
Artificial Intelligence (AI), Machine Learning (ML), legal intricacies, algorithmic bias, legal safeguards
From Right to Reality: Clean Water Access vs. Waterborne Disease Challenges in Baghpat District, Uttar Pradesh
Access to clean water is recognized as a fundamental right under Article 21 of the Indian Constitution, but its implementation remains an ongoing challenge in many areas, including Baghpat District in Uttar Pradesh, India. This research paper digs into the essential issue of clean water access and the ongoing incidence of water-related illnesses in Baghpat. Despite elaborate legislative frameworks and policies aimed at ensuring clean drinking water, many Baghpat communities continue to face serious water-related health concerns. This study investigates the efficacy of existing water policies, the present status of water quality, and the prevalence of waterborne diseases, showing the disconnect between the right to clean water and its practical implementation. This study takes a mixed-methods approach, combining quantitative data on water quality and disease prevalence with qualitative insights gained from community interviews and policy analysis. The research also emphasizes the socioeconomic aspects of water access. Marginalized communities, especially lower castes, and economically disadvantaged groups, are disproportionately afflicted by waterborne diseases. These people generally live in places with the poorest water infrastructure and have limited access to healthcare services. The gendered nature of water collection, with women and girls largely responsible, exacerbates the problem, affecting their health, education, and economic opportunities. This study underlines the need for a multimodal approach to solve these difficulties, including enhanced policy implementation, community engagement, infrastructure development, and education on safe water practices. Bridging the gap between the right to clean water and its practical reality needs comprehensive efforts from government agencies, non-governmental organizations, and the community to ensure equitable and sustainable access to safe drinking water for all residents of Baghpat District.
From Right to Reality, Bridging, Marginalized communities, water-related, organizations
Queering Marital Jurisprudence: Reading Queer Theory Into the Indian Family Law Regime
With the verdict by the Supreme Court in the same-sex judgment case, the question arises whether Indian jurisprudence has reached the end of queer inclusivity. Questions also arise if it is at all possible to queer (used as a verb) the institution of marriage. This paper argues that recognition of same-sex marriage is not the only path towards queer inclusivity and not only is it possible to queer the current family law regime, but it is desirable to do so in order to fulfil the promise of egalitarianism by the Constitution of India. In an endeavour to demonstrate the aforementioned, this paper acutely analysis queer theory developed in different parts of the world and its application in the Indian context. This paper demonstrates that the scholarship on queer theory in family law can prove to be a powerful tool in curing several infirmities in the practical application of family law today. Queer theory has one of its legs in academia and the other in praxis. This paper explores both limbs and shows the active application of queer theory in day-to-day judgments by the lower courts along with the appellate court is desirous, not only for the interest of queer individuals but for the delivery of more egalitarian justice across all groups.
Queer Theory; Family Law; Marital Jurisprudence; Same-Sex Marriage; Constitutionalism
The Jurisprudential Foundations of Property Law Exploration of its Kinds and Principles
Property law is a crucial aspect of legal systems, but there is a lack of understanding of the relationship between jurisprudence and different categories of property law, including that about intellectual, personal, and real property. the study delves into the intricate realm of property law in India, exploring its philosophical underpinnings, legal frameworks, and societal implications. Through an analysis of jurisprudential perspectives, including those of Austin, Salmond, and Bentham, the research elucidates the multifaceted nature of property rights, encompassing tangible and intangible assets and spanning diverse legal theories. The paper examines the jurisprudential principles of legal positivism, natural law, and legal realism that influence property law in India. It looks at how they affect several kinds of property, including properties, personal, and intellectual property. The study focuses on multiple types of property theories, such as natural law, labour theory, historical theory, and psychology theory, to comprehend the varied viewpoints that influence property rights and ownership. To shed light on the legal ramifications and distinctions between various property types such as real and movable, and immovable, personal corporeal and incorporeal, the research also looks at these distinctions. The research demonstrates how property rights in India have changed over time, moving from being regarded as basic rights to common legal rights. It adds to a more sophisticated comprehension of Indian property law.
Property, Jurisprudential Aspect, Nature of property, legal ramifications, legal positivism, legal realism
Comparative Analysis of Nexus Between Judicial Review and Judicial Activism in India
India's constitutional jurisprudence is greatly influenced by the dynamic relationship between judicial activism and judicial review. The judiciary's ability to determine whether legislative acts and executive decisions are lawful and comply with the Constitution's provisions is known as judicial review. This role is essential for upholding the rule of law, defending basic rights, and acting as a check on the other arms of the government. Contrarily, judicial activism entails the court going above and beyond conventional limitations to enforce rights and solve social concerns, frequently stepping in to fill voids created by inaction on the part of the legislature or executive branch. This proactive stance can lead to significant social and political change, as seen in landmark rulings like the decriminalization of homosexuality in Navtej Singh Johar v. Union of India and the recognition of the right to privacy in Justice K.S. Puttaswamy v. Union of India. This paper discusses the various aspects of comparative analysis of the nexus between judicial review and judicial activism in India.
Judicial Review, Judicial Activism, Constitutional Jurisprudence, Fundamental Rights, Democratic Principles
Interesectionality of Law and Sociology: A Comprehensive Research Endeavor
The interdisciplinary field of sociology and law is a growing field that emerged in the earlier half of the twentieth century. Today, the sociology of law has achieved much significance because of the diversity of perspectives and research efforts put into the field. This discipline aims to understand the role of law in society and vice versa. The evolution of the field of sociology and the various perspectives of theorists on the sociology of law have been discussed. Law plays an important role besides legislation in the functioning of several social institutions of society such as politics, culture, economy, etc. to maintain social order. The effects of globalization, which is reaching its zenith in the contemporary world, on law, the idea of global law and global police, and the deformities of such concepts are dealt with in the article.
law and sociology, social institutions, globalization, social control, sociology of law
Analyzing the Federal Model Adopted by India During COVID-19
We have a wealth of information from the seventy years of Indian federal debate to assess the constitutional processes used to support this framework. In this context, it becomes salient to first contextualize the unusual operation of federalism in India to precisely understand the appropriate navigation of the system through the pandemic. This is particularly important in the context of India’s COVID-19 second wave, which was a result of triumphalism and complacency in handling the first wave. Therefore, this paper argues that despite the response to COVID-19 being categorized as unitary, scholarly arguments made for the avoidance of federalism during such unprecedented times are not justified due to the sui generis design of the Indian system which calls for a more cooperative structure.
Categorized, cooperative structure, generis, framework, federalism
A Comparative Study of Rights of Detainee: India and the USA
The concept of preventive detention was introduced into India during the colonial rule. It was used to prevent the spread of nationalist ideas which started budding in the nineteenth century but all the time it was portrayed as a law that was implemented for the well-being and protection of the country. The basic idea behind preventive detention is to stop the occurrence of any untoward incident that would hamper the safety and security of the country in any manner. Post-independence many laws were implemented in India furthering preventive detention. In the Constitution of India, 1950, under Article 22(3) the laws on preventive detention are validated. Preventive detention hits at the core of human rights and the fundamental rights guaranteed under Articles 19 and 21. This paper attempts to understand the concept of preventive detention concerning fundamental rights and to analyze potential violations of detainees' fundamental rights. It compares the laws addressing preventive detention in the USA, provides a brief analysis of its origins, and examines the current effects of these laws in both the USA and another country.
Preventive, USA, Articles 19 and 21, Constitution of India, 1950, portrayed
An Overview of Concerns Related to Judicial Independence in Bhartiyan Legal System
The Judicial Independence is a cornerstone of any democratic legal system, including the Bhartiya legal system. This overview examines various aspects of Judicial Independence within the Bhartiya legal system, including the appointment and removal of judges, legislative stances, executive interference, and the role of judiciary in safeguarding its independence. It clarifies the bigger question that do judges have the independence in the independent institution of judiciary? It showcases the elements of transparency and accountability in the Bhartiya legal system. The overview focuses more elaborately on the Judges Inquiry Act, 1968 illustrating certain famous impeachment cases simultaneously discussing the issues and questions raising the independence of judiciary and the efforts taken for securing the same.
Judicial independence, Bhartiyan society, operates independently, stakeholders
Copyright (c) 2023 Journal of Constitutional Law and Jurisprudence
Prevalence of Untouchability Against Dalits and the Caste System in India: A Jurisprudential Analysis
The Dalits (previously known as Untouchables) are victims of the caste-based discrimination prevalent in Indian society. India's Dalits are around 167 million, or one-6th of its population. The scheduled caste (constitutional term for Dalits) community, i.e., Dalits, have likewise sought minority rights and indigenous groups' recognition before global forums. However, the Dalits do not promptly meet the globally concurred rules for minorities or native people groups. In India, Dalits aren't lawfully recognised as a minority group. They enjoy only a few Constitutional protections and Constitutional status in the form of affirmative action, which is distinct from those classified as "minorities". According to philosopher Immanuel Kant, this oppression violates moral laws and is immoral. The research paper apart addressing the constitutional provision of Article 14 (right to equality), article 15(right against discrimination against caste, race, sex, religion or place of birth), article 16(right to equal opportunity in the matter of public employment), and article 17(Abolition of Untouchability), includes philosophies behind the existence of the prevalent caste system and Dalit oppression. This research paper was written, analysing eight articles, seven research papers, a report on Untouchability by the National Council of Applied Economic Research (NCAER) and various case studies on violation of Dalit rights. The NCAER report states that one in every four Indians admits to practising Untouchability in India. As per the authors' analysis and findings, despite legislative and constitutional prohibitions of Untouchability and discrimination based on caste, they continue to suffer caste-based discrimination and violence. I have used the Kantian theories of Categorical imperative, universality principle and John Rawls's theory of the veil of ignorance. Moreover, Ambedkar's Jurisprudence has also influenced the analysis of the problem. In conclusion, the study highlights ongoing caste-based discrimination against Dalits in India, despite legal safeguards, utilizing Kantian and Rawlsian ethical frameworks.
Caste System, Dalit rights, Immanuel Kant, John Rawls, Ambedkar Jurisprudence, Human Rights, untouchables, Scheduled castes, Fundamental rights, Minority recognition, the constitution of India
Deciphering Administrative Discretion: The Evolution and Control in Modern Governance
The evolution of administrative law reflects the shifting landscape of state functions and societal values over time. From past authoritarian regimes to modern democratic states, government roles have transformed significantly. This journey, spanning from the Police State to the Welfare State and eventually to the Modern State, corresponds with changes in administrative practices and legal frameworks. Administrative law encompasses various actions, including rule-making, decision-making, application of rules, and ministerial powers, highlighting the diverse functions of modern governance. However, the exercise of administrative discretion presents challenges in balancing autonomy with accountability. In India, mechanisms like judicial review under Articles 14 and 19 of the Constitution safeguard against power abuses, ensuring administrative actions are reasonable and just. Comparative analysis with countries like the United States and England offers insights into different approaches to judicial review and protecting individual rights within administrative frameworks. In essence, administrative law offers a window into the complexities of modern governance, striving to balance state authority with individual rights as we confront 21st-century challenges.
Administrative action in India constitutes a cornerstone of governance, encompassing a diverse array of activities undertaken by administrative authorities at various levels of government. These actions, which include legislative, executive, and quasi-judicial functions, play a pivotal role in the implementation of laws, policies, and regulations. The classification of administrative actions facilitates a nuanced understanding of their nature and scope, enabling effective scrutiny and oversight. Judicial review, a fundamental aspect of the Indian legal system, ensures the legality, fairness, and adherence to constitutional principles in administrative decision-making. Through mechanisms such as writs and statutory remedies, individuals have recourse against arbitrary or unlawful administrative actions, thus upholding the rule of law and protecting citizens' rights. In a dynamic and evolving regulatory landscape, the effective governance of administrative action requires a delicate balance between executive discretion and judicial oversight, with a focus on transparency, accountability, and the promotion of public welfare.
Writs, Administrative Actions, Judicial Decisions, Accountability, Transparency
Constitutional Provisions and Environmental Protection under Indian Law
This paper endeavors to review the constitutional provisions under the Indian Constitution in the light of Environmental Protection and the role of judiciary by way of judicial activism in evolving numerous principles/rights under the constitutional provisions and ensuring the protection of the environment. The judiciary has moved forward to step into the shoes of the aggrieved party and have provided them with all necessary remedies in case of infringement of their rights, precisely their Fundamental rights. The author would proceed to discuss some of the important/ landmark judgments to see how the environmental jurisprudence has proceeded to evolve on constitutional parameters. And how there is well-organized enforcement of the constitutional mandate by way of Public Interest Litigation. Various rights have been included in Article 21 of the Indian Constitution within the ambit of Right to life and liberty, as environment is vital for the social, economic and moral development of the human beings and it cannot be ignored and/or excluded from the right to life and liberty.
Distribution of Taxes and Grants between the Center, State and Local Governments in India: A study of India’s Fiscal Federalism
The Constitution of India through various provisions upholds the quasi-federal structure of government in terms of separation of power in enacting legislations and in the process of executing the law in the territory. Whereas the concept of fiscal federalism is also having a significant relevance in upholding the structure of government in India. In general terms, the distribution of financial obligations among Union and State Government is termed as fiscal federalism, but the actuality of the same is not that simple. The Constitution of India allows the Union government to distribute grants and taxes among State and local governments from the Consolidated Fund of India and Contingency Fund of India as and when required. But not all grants are backed by statutory provisions, rather some of them are left at the discretion of the Union government and Finance Commission. Which shows the central state financial relationship can be affected by the conflicts between ruling and opposition parties and as a result the citizens of the country will be affected severely. This research work has been designed to analyze the obstacles that the Indian government faces to stabilize the fiscal federalism due to various factors and at the same time to justify the federal status of the country in terms of distribution of financial obligations.
Fiscal-federalism, obligations, obstacles, stabilize, federal-status.
Unveiling Writ Jurisdiction: A Historical Analysis and Contemporary Significance
"Unveiling Writ Jurisdiction: A Historical Analysis and Contemporary Significance" delves into the intricate realm of writ jurisdiction, tracing its origins from English common law to its current role as a cornerstone of judicial authority. The study explores how writs, initially discretionary orders by royal courts, evolved into indispensable instruments for safeguarding individual liberties. Central to this evolution was the Magna Carta of 1215, which curtailed monarchic power and laid the groundwork for using writs as a check on governmental actions. The study meticulously categorizes common writs, such as Habeas Corpus, Mandamus, Certiorari, and Prohibition, clarifying their functions in enforcing compliance with laws and constraining authority. Specifically, it scrutinizes the historical significance and modern applications of these writs, emphasizing their pivotal role in upholding the rule of law and protecting fundamental rights. Highlighting the dynamic nature of writ jurisdiction, the study explores its interaction with international human rights treaties and constitutional protections. It underscores how writs serve as potent legal remedies, empowering individuals to challenge unlawful detention or governmental overreach. In essence, the research provides a comprehensive overview of writ jurisdiction, from its humble beginnings to its enduring relevance in contemporary legal systems. By shedding light on its historical development and contemporary significance, this study contributes to a deeper understanding of the crucial role that writs play in ensuring justice and upholding the rule of law.
Mandamus, Prohibition, quo waranto, Habeas Corpus, Certiorari
The Arbitration and Conciliation Act's arbitrator selection procedure is evaluated critically in Appointment of Arbitrators. It explores how the 2015 and 2019 modifications have affected the appointment of arbitrators, with a special emphasis on how retired judges are involved in this process. In his analysis of the courts' hegemony in selecting retired judges to serve as arbitrators, Srinivasan recommends looking into alternative professional backgrounds. The study highlights the difficulties in developing strong arguments based on empirical surveys by discussing contradictory results about desires for retired judges to serve as arbitrators. It also discusses why the judiciary takes so long to appoint arbitrators in spite of rules that have been set forth. Although the study acknowledges the positive features of the modifications, it also examines the practical challenges that have arisen since 2015 and emphasizes the need for a comprehensive assessment of the amendments' effectiveness. The study adds to the continuing conversation about enhancing the effectiveness and openness of arbitration procedures under the Arbitration and Conciliation Act by closely examining the intricacies and challenges associated with arbitrator appointments.
Appointment, Arbitrators, capabilities & competence, nuances & shortcomings, foundational
Alternate Dispute Resolution is a mechanism which includes out of Court settlement provisions like arbitration, mediation, conciliation and negotiation. It is a way of settlement through third person with or without Court interference. It follows the Principle of Natural Justice, equity and good conscience. It promotes speedy disposal of cases. The root of this mechanism lies in specific provisions of Code of Civil Procedure namely Section 89, which provides settlement of dispute by alternate mechanism. There are various advantages to this method such as less involvement of cost, less time consuming, no stringent provisions of Law and so on. This study broadly covers the concept of Arbitration and Conciliation Act. The study deals with scope, object and applicability along with other provisions of Arbitration and Conciliation Act. It includes kinds of arbitration, advantages and disadvantages, Arbitral Tribunal, Appointment of Arbitrator, their termination, basis of arbitration, Tribunal, its jurisdiction and process. It also covers the concept of Conciliation as mentioned in the act, such as appointment of conciliator, their role and its procedure. The act broadly speaks about two foreign conventions namely Geneva Convention and New York convention. This study also covers the rules which are laid down in the schedule of the Act, Fees prescribed under schedule of this Act, the grounds on which award can be challenged or arbitrator’s partiality can be questioned. The study also covers Arbitral Council of India and its role in Indian Judiciary. This study examines effectiveness of these mechanisms in promoting fair and impartial decision making. This study discusses the key skills and qualifications required for the position of arbitrator and conciliator. This study provides valuable insights into the field of alternate dispute resolution mechanism. It highlights the role of this mechanism in resolving disputes with the help of the provisions of Arbitration and Conciliation Act.
Arbitration, Conciliation, Arbitral Tribunal, Foreign Award, Enforcement, Recognition, Geneva Convention and New York Convention, Jurisdiction, Arbitral Award.
Constitutional Aspects Concerning Right to Health: Augmenting Work-Life Balance in Remote Working
The Constitution of India, 1950 lays down the right to life and under this right the healthcare and well-being right also available. Work models that are hybrid have several advantages. They enable workers to combine their personal and professional life by giving them the option to work from home or the office. This flexibility can promote work-life integration, raise morale among employees, and increase job satisfaction. The organizations may cultivate a sense of empowerment and trust among their workforce, leading to increased productivity and engagement, by allowing employees to select where and how they work. This study explores the constitutional aspects focusing on the right to health in remote working and projecting the work-life balances.
Right to Health, Constitution, Work-Life Balance, Remote Work, Organisation Performance
Recognition of Same Sex Marriages in India: Need of Expansion of Personal Liberty in the Light of Constitutional Morality
History repeats itself; therefore, we will wait for the NAZ Foundation case to do so again. In recent years, there has been a notable movement in the global perspective toward the acceptance and acknowledgement of the rights of individuals who identify as LGBTQ+. In India, same-sex marriage legalization is still a contentious issue, which emphasizes the need for a more comprehensive comprehension of human liberty in light of constitutional morality. According to the Constitutional Morality Rule of Law, the governmental apparatus must protect the rights to social justice, equality, due process, individual liberty, and freedom of expression. In addition, legal recognition of SSM is required for social status, the removal of social stigma, legal protections, economic benefits, emotional well-being, inheritance, insurance, and health coverage. The "right to be let alone" is only one aspect of the right to privacy; it goes well beyond that. Included now are the notions of geographical privacy and decisional privacy, often known as privacy of choice. It includes the autonomy to choose for oneself in fundamental decisions. "Law" is a social change instrument. Laws evolve together with society. It should be keeping in with the needs of the society.
Bisexual, Constitution, Gay, Lesbian, Marriage, Morality, Privacy, Recognition, Transgender etc.
A Legal Examination of the International Court of Justice's 1994 Advisory Opinion About the Deployment of Nuclear Weapons
International law is developed in part by the International Court of Justice, a legal entity. One of the duties of the court that helps to be more effective in international law is to issue advisory opinions. The court stated in its advisory opinion that any use of force that is permissible under Article 51 of the UN Charter may be authorised. This implies that the use of nuclear weapons may also be justified by customary international law, provided that the standards for the need and proportionality of force are satisfied. The United Nations General Assembly asked the International Court to offer an advisory opinion on whether the use or threat of nuclear weapons is permitted under international law in resolution 49/75 K (1994). This request presented the Court with a unique opportunity. If the act in question (which no State has proposed) is completely illegal or always against the law (a stance that has gained some followers but has been rightfully dismissed by the majority of the Court), then a thorough analysis of those circumstances would be necessary to answer the query posed by the General Assembly. In this scientific effort, the legal dimensions of this consultative vote were investigated using analytical and library methods .
nuclear weapon, international law, humanitarian law, International Court of Justice, advisory vote
Interpreting Ambedkar's Concept of "Constitutional Morality" Vis a Vis the Supreme Court's Jurisprudence on the Same
The Constitution of India provides for division of power. The role of the legislature is to make laws, the role of the executive is to implement those laws and the role of the judiciary is to interpret the framed laws by the legislature. In recent times, Constitutional morality has become an important tool used for judicial activism frequently. This study will first analyse the interpretation given by Dr. Bhim Ram Ambedkar and thereafter, consequently the study will reflect on major landmark judgments which acted as constitutional moment in the history of the interpretation of constitutional morality. It will parallelly compare the meaning of the term by Dr. Ambedkar and Apex Court. In the very recent case of Suprio vs Union of India, the concept of Constitutional Morality was again discussed by the Honourable Supreme Court, by a Constitutional Bench. In the end, the study will conclude by interpreting the analysis of judgments and some suggestions to solve the problem as portrayed by the hypothesis.
Constitutional Morality, legislature, Honourable, interpreting, Apex Court
Copyright (c) 2023 Journal of Constitutional Law and Jurisprudence and significance.
The Political, Economical and Psychological Impact of Electoral Freebies in Indian Politics: A Critical Study
India has a long history of supporting social welfare programmes that attempt to increase the economic security of the country's most vulnerable citizens. However, these social payments are usually labelled as "handouts" or "giveaways", often promised or delivered for political objectives, which is widely seen as manipulative and exclusively aimed to sway voters. In addition to discouraging initiative and entrepreneurship, the extensive distribution of different welfare resources places a financial strain on the public purse, particularly in terms of trade-offs with long-term development efforts. There is a lot of dispute about how significant a role these freebies play in Indian politics. Freebies are the offering of products or services by political parties to the people with the main aim of winning political support and votes, and are also known as populist welfare programmes or electoral incentives. Food, clothes, and shelter are only a few examples; other options include technological goods, help paying off agricultural loans, and free or low-cost housing. Those in favour of such handouts say they help reduce economic disparities and empower disadvantaged groups. However, detractors claim that they promote a culture of dependency, stunt economic progress, and undermine democratic norms and sound budgeting. This study examines these giveaways in Indian politics from several angles, looking at their good and bad repercussions. The study also provides a complete methodology for assessing the effect of these giveaways on India's state welfare programmes, while drawing attention to the major concerns in the current discussion over them.
Freebies, Populist, Welfare Program, Marginalized, Electoral, Disparities
Confrontation of the Judiciary and Legislature: What Led to the Highest Bench which Ever Sat in Any High Court
The Indian governance structure has the division of power between the judiciary, executive, and legislature. The legislature plays the role of enacting a law, the executive plays the role of implementing the law, and finally, the judiciary plays the role of interpreting the law. Therefore, the judiciary and legislature are two of the most important institutions that India possesses. The clash between these two institutions is not something transformative. India follows a diluted meaning of separation of power but this does not mean to bring the two institutions against each other. This study is a critical analysis of a case, and further ponders upon the jurisprudential understanding of the case and its consequence. It is an important case to discuss which saw two of the most important pillars of democracy standing in front of each other and clashing.
Confrontation, Judiciary, Legislature, High Court, separation
Women Lawyers' Emancipation in India: Constitutional Provisions
There may be no gender discrimination, according to the Indian Constitution. In spite of the fact that the Indian Constitution has numerous legislative provisions for the safety and empowerment of women, it is ironic that only half of the public is aware of these rights. In this essay, well go over the crucial legal regulations for India legal profession that empower women lawyers. Family and societal empowerment for women also involves individual empowerment. An essential component of empowering women includes including them in decision-making, earning, sharing basic necessities, and commanding respect for them. Women empowerment is a trendy term in India these days, even among vastly disparate national and legal systems. The Indian Constitution states that discrimination on the basis of gender is prohibited. The Indian Constitution has many legislative protections for women empowerment and safety, but the paradox is that only 50% of people are aware of these rights. The key legal provisions for women empowerment in India will be covered in the following article.
women, Lawyers, legal Profession, empowerment, constitution, information
Deciphering the Nature of State under Article 12 of the Indian Constitution
The nature of the State under Article 12 of the Indian Constitution is a subject of paramount importance in the realm of constitutional law. Article 12 defines the term “State” as it is used throughout the Constitution, and its interpretation has far-reaching implications for the fundamental rights and duties of Indian citizens. The complexities involved in deciphering the nature of the State within the context of Article 12. Article 12, as a cornerstone provision, serves as a bridge between the legal framework and the protection of individual liberties. The definition of the State, under this article, extends beyond the executive and legislative branches to include government instrumentalities and even entities significantly financed or controlled by the government. This broad interpretation, while essential for safeguarding the fundamental rights of the citizens, has also raised questions about the extent of government reach and the potential for abuse of power. The historical evolution of Article 12, key judicial pronouncements, and the dynamic interplay between government bodies, public authorities, and private entities that fulfill public functions. It also explores the need for a balanced and nuanced approach to interpret the nature of the State, ensuring the protection of individual rights while preserving the autonomy of non-state entities. Understanding the evolving nature of the State under Article 12 is essential for shaping the course of constitutional jurisprudence and the protection of citizens fundamental rights in India.
Article 12, Autonomy, Legal-Framework, Individual-Right, Private-Entities.
Global Constitutionalism and Human Rights: Navigating a Complex Landscape
The concept of global constitutionalism has gained prominence as a means to uphold and protect fundamental human rights across borders. Global constitutionalism refers to the idea that there exists a set of principles and norms that transcend national boundaries, serving as a framework for governance and the protection of individual rights on a global scale. At the heart of this endeavor lies the recognition that human rights are universal and should be safeguarded by a collective effort transcending national sovereignty. This article explores the intersection of global constitutionalism and human rights, examining its challenges, opportunities, and implications for a more just and equitable world. The origins of global constitutionalism can be traced back to the aftermath of World War II, when the atrocities committed during the war underscored the need for an international legal framework to prevent such horrors from occurring again. The Universal Declaration of Human Rights (UDHR) adopted by the United Nations in 1948 stands as a testament to the shared commitment of the international community to uphold human dignity and rights. Since then, various international treaties and conventions have been established to address specific aspects of human rights, including civil, political, economic, social, and cultural rights. Despite the progress made, the implementation of global constitutionalism and the protection of human rights on a global scale are not without challenges. One of the foremost challenges is the tension between state sovereignty and the authority of international bodies. Not all countries are equally committed to universal human rights norms, and some may resist efforts to curtail their sovereignty in favor of international standards. Striking a balance between respecting state sovereignty and ensuring the protection of human rights is an ongoing struggle. International criminal tribunals, such as the International Criminal Court (ICC), have been established to address egregious violations, but their effectiveness can be hindered by political considerations and limited jurisdiction. Regional organizations, such as the European Union (EU), African Union (AU), and Organization of American States (OAS), have taken steps to promote human rights within their respective regions. These organizations often adopt treaties, conventions, and mechanisms for monitoring and enforcing human rights standards. Their efforts contribute to a more localized approach to global constitutionalism, recognizing the unique challenges faced by different regions. Ultimately, the pursuit of a world where every individuals rights are respected and upheld requires a collective effort that transcends boundaries and embraces the shared values of humanity.
Global Constitutionalism, Human Rights, Violations, Equality and Equity, Legal Landscapes
Copyright (c) 2023 Journal of Constitutional Law and Jurisprudence, and significance.
Factors of the formation of totalitarian governments in Afghanistan
Among the issues that have existed in our political thought, there has been the prescription of hereditary government, the theory that leaves the hands of influential rulers free to exercise governance and even allows them to commit authoritarian acts. Many scholars and writers have written in this field and examined the relationship or confrontation between tyranny and religion, culture, and social environment. In this regard, any of them studied and analyzed the relationship between tyranny and elements such as culture, geography, education, family, religion, ethnicity, social environment, poverty, and foreign interventions, according to their literature and way of thinking; for which I will present their findings to the dear readers.
political thought, hereditary government, culture, social environment, poverty
An Analytical Reconsideration of the Separation of Power: A System of Check and Balance in India
The Indian political system envisages the concept of the separation of powers and the system of checks and balances. It is rooted in the Constitution of India, which was adopted in 1950 and draws inspiration from various sources, including the Constitution of the United States and the ideas of political philosophers like Montesquieu. An analytical reconsideration of these concepts is necessary to comprehend how these ideas function in the Indian context. Despite the constitutional framework, there have been instances of concentration of power and a lack of effective checks and balances, especially during periods of political instability or when one political party dominates the political landscape. The role of money in politics and the influence of special interest groups can also undermine the system of checks and balances. While the Indian Constitution provides a robust framework for these principles, their effectiveness in practice depends on the commitment of political actors, the judiciary, and civil society to uphold and protect them. This paper delves into the principle of separation of powers and how it relates to the principle of checks and balances from a jurisprudential lens. The paper briefly discusses the historical background, origin and how this principle has been manifested in India, the nature and degree of checks each branch exercises over the others, and broadly, the Indian legislative schemes on separation of powers. It views the separation of power from an international perspective and the embodiment of the doctrine in the United States of America and the United Kingdom.
Constitution of India, political philosophers, Montesquieu, political landscape, political actors, the judiciary, and civil society
Diving into Global Legal Insights for Equity, Diversity and Justice: Turbo Charge SDG 10 (Reduced Inequalities)
The imperative of achieving Sustainable Development Goal 10 (SDG 10) - Reduced Inequalities underscores the urgency to address the pervasive global challenge of social and economic disparities. This research embarks on a comprehensive exploration of the intricate interplay between legal frameworks and the pursuit of Equity, Diversity, and Justice on a global scale. As the tenth goal of the United Nations' 2030 Agenda for Sustainable Development, SDG 10 articulates a commitment to significantly reduce inequalities within and among countries. In this context, understanding the role of legal systems becomes paramount, as they serve as the bedrock for shaping societal norms, safeguarding individual rights, and instituting mechanisms for redress. This research paper explores the global legal landscape pertaining to Equity, Diversity, and Justice with a specific focus on Sustainable Development Goal 10 (SDG 10) - Reduced Inequalities. The paper delves into the legal frameworks, international conventions, and national legislations that aim to address issues of inequality on a global scale. The analysis also encompasses case studies and best practices to highlight effective strategies for promoting equity, diversity, and justice. By examining the current legal insights, this paper seeks to contribute to the ongoing discourse on achieving SDG 10 and fostering a more inclusive and equal world.
Diversity, Inequalities, Justice, Legal Insights, SDG 10 (Reduced Inequalities)
A Study on the Violence of Dalit women Right in Western Odisha
All persons are born free and with equal rights. As a result of profoundly unbalanced social, economic, and political power dynamics, caste- and gender-based violence against Dalit women is pervasive. Due to their socioeconomic weakness, lack of political representation, and the predominate risk factors of being Dalit and female, they are more likely to encounter potentially violent circumstances while having less time to flee as a result. Violence against Dalit women is blatant proof of pervasive exploitation and discrimination against these women, who are subjected to men in a patriarchal society in terms of power relationships, as well as against their caste-based communities. If left with residuary function and subsidiary position in work participation, no country can advance its half of the population. Low levels of literacy, skills, and income-earning capacity for women are anchored in society and substantially impede economic growth and human advancement as a whole. In an effort to change the situation, independent India has declared that gender equality is a fundamental right guaranteed by the Constitution and has directed state policy on removing the many obstacles that stand in the way of women achieving their full potential.
Dalit, untouchable, women, schedule caste, violation, constitution, right
A Comprehensive Analysis of India as the Potential Arbitration Hub of the World
Even developed countries around the world are having problems attaining the status of hubs for international arbitration. India has frequently been regarded as a country that, in terms of investments, sends conflicting signals to the international investor community. It might be difficult for investors to decide whether or not to invest in India. Every country aspires to be the home of an arbitration centre because to the many benefits it offers. This article also discusses about the evolution of arbitration in India and also the other historical developments. Every nation wants to attract increasing amounts of investment, but before doing so, investors consider a number of factors, such as the strength of the arbitration process, the friendliness of the government and courts toward arbitration, the ease of doing business, the stability of the environment, etc. In this article we will be discussing about how India can be serve as a seat for international arbitration and also what are the major difficulties in attaining the position. In terms of skill set, legislative and legal frameworks and other attributes India has a high potential to serve as a hub for arbitration all over the world. Thus it’s still a place for India to reach the status of global hub for arbitration. Thus to conclude this article thoroughly deals and discusses about the India’s seat and need for International arbitration.
Arbitration, speedy and cost efficient, disputes, settlement
Beyond the Grave: "An Analysis of Necrophilia Laws Worldwide and Need for Explicit Legislation in India"
The recent ruling by the Karnataka High Court, asserting that sexual intercourse with a deceased person cannot be classified as rape, highlights the necessity for a specific legal framework addressing necrophilia in India. This article analyzes the limitations of Section 297 of the Indian Penal Code (IPC) in addressing necrophilia and examines the implications of the court's decision in Rangaraju v. State of Karnataka. The discussion emphasizes the importance of respecting the dignity of the deceased and proposes amendments to existing legislation. Comparisons are drawn with laws in other jurisdictions, such as the United Kingdom, the United States, and France, to provide a global perspective on the issue. The article concludes that there is a need for comprehensive legislation explicitly addressing necrophilia, reflecting a commitment to upholding human rights and dignity even after death. Establishing a global committee to define and establish punishments for necrophilia could facilitate a unified international approach, considering the complex interplay between legal, cultural, and ethical aspects surrounding the treatment of the deceased.
Necrophilia, Karnataka high court ruling, Indian penal code (IPC), dignity of the deceased, legal framework, international approach
The Limitation on Amendments to Constitution of India
Purpose: The Paper aims to put into focus that the basic structure doctrine of the ideology of constitutionalism is not only a binding precedent in law but an expression of the basic features of the constitution of India which have stood the test of time to keep the nation together in peace and harmony. Methodology: Critical Analysis and discussion on principles put into interpretation. Findings: The country cannot afford the dilute the basic structure doctrine as set out by the Supreme Court as the same represents the very foundation of the Indian polity
Basic structure doctrine, supreme court, Indian polity, hierarchical
People come and go in this mortal world but some leave their immortal marks on the path to enlightenment such that whenever any new-comer wishes to get enlightened in the area, he cannot do so without passing through those marks. Such is the immortal theory of law propounded by Austin which cannot be avoided if we wish to study Jurisprudence. He proposed the theory of law way back in the 19 th Century but its still relevant, most popular one and a guiding light for all jurists till date. Austin had an empirical approach which made him founder of Analytical School. He separated notions of ethics from the study of positive law which was praised by Sir Henry Maine. According to him, only positive law was law or what he termed as law properly so called as it was made by sovereign who is illimitable, indivisible and continuous and not in a habit of receiving commands from a like superior. He was the one who introduced the term positive morality and clarified that laws made by God were not subject matter of Jurisprudence thereby removing the ambiguities created by Natural Law School. He said that law is the command of sovereign backed by sanction, which still fits in. His theories are clear, consistent and simple. He systemized the English Law with his theoretical structure and precise analysis. That’s why he is also known as the Father of English Jurisprudence. However, Austin’s theories faced a lot of criticisms yet no theory could eliminate the necessity of studying his theories in order to understand Jurisprudence and Law. It was in this context that Hart said that even the shortcomings of the theories of Austin are a source of enlightenment. In fact, a Neo-Austinian School evolved as a reaction to criticisms of his theories.
Command, Sovereign, Sanction, Positive Morality, Non-Command, Non- Prohibition
The Judicial Intervention Over the State of Sikkim’s Unique Constitutional Status
This research article aims to determine the effects of judicial interference, specifically the judgments of the Supreme Court, and to shed light on the causes and compulsions behind Article 371F, which provides special status to the State of Sikkim under the Constitution. As an ardent believer in the importance of accurate information and the significance of verifiable facts, I have endeavored to endow the readers with an impartial comprehension of whether the aforesaid Article constitutes the bedrock for shielding the integrity of the State and its archaic Statutes. To collate this information, I have made recourse to a plethora of resources, comprising treatises, adjudications, periodicals, legal digests, newspapers, digital data, and the worldwide web. It is imperative to note that this composition is an entirely factual representation and is not impregnated by any presumptions, suppositions, sentiments, or affectations.
Article 371F of the Constitution, Special Status, Constitution, State of Sikkim, the Sikkim Government Service Establishment Rules of 1974, Ratio Decidendi, the Sikkim Code.
Judicial Organization and Institutions in Cameroon: A Tripartite Classification
Justice is a service open to the public. It is thus arranged, like any structure that renders public service, in such a manner that whoever seeks it receives appropriate attention. The establishment and organization of judicial institutions are premised on the foregoing. The classification of the judicial system in Cameroon is shrouded in such a bleak and opaque view that one tends to ponder the clear-cut strata for the administration of justice in Cameroon. Litigants sometimes find difficulties identifying which court is competent to handle their matters in the face of complaints. More so, the fact that certain courts preclude the ordinary man from bringing an action makes the whole scenario more cumbersome for a common man to comprehend. Judicial and administrative authorities need to be guided on the nature of cases entertained as well as be acquainted with the competent courts to seize for such matters. The study therefore has as objectives to dissect the justice system of Cameroon so as to give a clearer view for litigants who desire to have their issues addressed by these judicial organs. To achieve this objective, the article adopts a doctrinal methodology, which is doctrinal consisting of primary and secondary data. The findings reveal that though attempts have been made to classify courts in Cameroon, there is still need to adopt a more compressive and facilitative classification so as to give a clearer picture with regards to competence and jurisdiction.
Courts, Judicial Institutions, Tripartite, Competence, Justice System, Judicial Organization.
Legal Recognition: The First Step to Acceptance
The proper functioning of any society is based on the rules and regulations that govern its member and the activities that are being carried out in it. Thus law can be said to be the strong base on which a society is built. Law that is being followed today has undergone numerous changes owing to the changes in the society. Today we have many laws, but all on them will continue to have enforceability so far it is in consonance with the supreme law of the country, i.e. The Constitution of India. The Constitution of India provides some basic right to every human being. There is no discrimination as to who can avail these rights; it is available to each and every human being. Thus the members of the LGBTQ community even though form only a miniscule fraction of the entire population is entitled to the fundamental rights as they are available to other individuals. These fundamental rights also include the right to marry, divorce, maintenance etc.... Thus this research paper focuses on understanding homosexuals and homosexuality and also understanding how current laws fail to provide for rights of the LGBTQ+community. Where there is a problem there ought to be a solution, the papers also aims to provide probable solution to the lacunaes in existing laws.
LGBTQ, Marriage, Hindu Marriage act 1955, Special Marriage act 1954, Uniform civil code, Divorce, Maintenance.
Budhadev Karmaskar v. State of West Bengal: Recognizing Sex Work as a Profession
Workplaces and working conditions for sex workers vary widely. Sex workers might work in the sex industry full-time or part-time, and they can be employed or self-employed. Sex work can be formal since some sex workers are associated with a business in an employer-employee capacity. However, in countries where criminalizing sex work results in its exclusion from national employment laws, sex workers are left with no choice but to put up with frequently abusive working circumstances. However, a large portion of the sex industry operates informally, with sex workers working alone, in groups, or together with other sex workers. There are numerous working arrangements and business models in the unorganized sector as well. These sex workers, like many others employed in the informal sector, sometimes lack access to social safeguards and endure more unstable working conditions. The fight for decriminalization is strongly related to the fight for the recognition of sex work as a job. The notion that sex workers should be granted the civil, labor, and social protections that are a right for all workers, regardless of vocation, is at the heart of the call for decriminalization. Research on the real circumstances and conditions present in these markets, however, is still scarce. The significance of creating accurate comparisons between various sorts of sex work, participating in qualitative and quantitative methods to assess work quality, and ultimately going outside the sector.
The Role of Social Media in Creating Societal Unrest and Breaking Laws in Delhi NCR
Social media is becoming a necessary part of everyone's everyday existence, so the idea of the consequences when it is misused is unsettling. On social media, it is easy to see people being a bit transparent about their political opinions and interests, whether they are from affluent nations like the United States or developing nations like India. These platforms may be associated with everyone having a voice and sharing their opinions, but they also have the power to transform a calm environment into one that is chaotic and frightening. Social media can spread rumours and false information, which can in turn produce fear and disorder among common people. The government has set up several organisations to monitor the patterns of information flow on social media and the impact of social media messages that are causing ethnic disputes in the face of potential civil unrest fuelled by social media. The core objectives of my project are to analyse the factors contributing to societal unrest and to understand the relative impact of social media on societal unrest. Primary data is used to collect the information. The tool used for analysing the data is the chi-square test. The study concludes that social media has played an influential role in creating societal unrest in Delhi NCR, as the region’s high Internet penetration and the widespread use of social media platforms have facilitated the rapid dissemination of information and the mobilization of individuals for protests and social movements. To address these issues, it is essential to promote responsible use of social media, encourage fact-checking, foster constructive dialogue, and implement appropriate regulations to ensure a more inclusive and peaceful online environment in Delhi NCR.
Social unrest, social media, law and order, chi-square test
Pertinence of Preventive Detention with Changing Dynamics
Preventive Detention is a tool, although a rare one, that was formed to benefit society by removing people who seemed to be a danger to society and is kind of based on the saying, “Prevention is better than cure.” With our research paper, we have tried to analyze if the law is trying to protect or cause more violations of the rights of people and the protection provided in Article 22. The Constitution framers, while drafting the Constitution, had in mind national safety, but it has resulted in the debate over whether it is necessary to create national security laws in India and how seriously those laws may affect human rights and civil liberties, which has heated up in the wake of the September 11, 2001 attacks in New York and Washington, D.C., as well as the attack on the Indian Parliament on December 13, 2001.
Preventive detention, rights of people, article 22, national security laws, human rights and civil liberties
Introducing a Uniform Civil Code in Order to Promote Equality and Harmony
The adoption of a Uniform Civil Code (UCC) has sparked heated debate, particularly in nations with various religious and cultural heritages. This article investigates the notion of a UCC and its potential to promote equality and peace in society. To promote equal justice and access to opportunity, the UCC aspires to formulate a common set of civil standards that apply to all people in general, regardless of religious affiliation. The UCC attempts to remove discriminatory practices and build social harmony by removing personal rules based on religious conventions. For underlines how crucial it is to simplify and render the system of justice simpler. The UCC has the ability to promote equality for women by resolving gender disparities in personal law. While cultural sensitivities and political resistance pose problems, productive discourse and respect for minority rights can help promote the implementation of a UCC that respects various cultural practices while preserving the values of justice, equality, and inclusion. The abstract closes by emphasizing the need to adopt a UCC in order to create a peaceful society that recognizes the liberties and desires of all people, regardless of their religion or cultural heritage.
Uniform civil code, equality, inclusion, cultural heritage, discriminatory practices
Euthanasia has been a concern across the globe for several years, and many countries have legalized it either by way of legislation or by way of judicial pronouncements decades ago. Across the globe, i.e., in several countries, euthanasia was legalized on the grounds that forceful treatment violates the patient’s right to autonomy. However, the concept of euthanasia, though highlighted by the Hon’ble Supreme Court of India in 1996, became legally permissible in a passive manner in the case of Aruna Ramchandra Shanbaug (2011), wherein the court held that the right to live with dignity also includes the ‘right to die with dignity’. Subsequently, the matter relating to euthanasia was referred to a Constitution Bench of the Supreme Court, and in that case, i.e., Common Cause (2018), the court laid down the entire procedure, which has again been modified in 2023. Hence, the objective of this paper is to discuss the journey of euthanasia in India while including within its ambit the types of euthanasia, the difference between active and passive euthanasia, the procedure for administration of euthanasia, and to what extent the court has allowed the same. Further, in this paper, the law relating to euthanasia in India since 1996 until the latest decision rendered in 2023, whereby the guidelines laid down in the Common Cause case (2018) have been modified, will be discussed.
Active euthanasia, euthanasia, passive euthanasia, right to die with dignity, right to privacy, voluntary euthanasia
Plenary Power of Amendment Under Constitution
The Indian Constitution, drafted by Dr. BR Ambedkar, is the supreme law of the country and is known for its vastness and incorporation of India’s traditions, history, geography, and cultural diversity. The Constitution is the largest-written Constitution in the world and was created over the course of about 2 years, 11 months, and 18 days. The Constitution is based on the principle of “rule of law, which is well-embedded in Article 13 of the Indian Constitution. The Constitution gives power to the legislative, executive, and judiciary branches and provides citizens with certain rights to live with equality, freedom, dignity, and protection from exploitation, as well as the right to constitutional remedy for enforcement of fundamental rights. Part 3 of the Constitution deals with the fundamental rights of citizens, which are guaranteed by six broad categories of fundamental rights: the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies. The Constitution also includes Part 4, which deals with directive principles of state policy, and Part 20, which deals with the amendment of the Constitution. Any changes made in the Constitution affect the power of any branch and its citizens. Therefore, to understand the contradictions, one must understand Article 13, Part 3, Part 4, and Part 20 of the Constitution. The Constitution is the world’s largest written constitution and took approximately 2 years, 11 months, and 18 days to complete. These features form the basic structure of the Constitution and include principles such as democracy, rule of law, secularism, and judicial independence. Reexamining the fundamental structure doctrine has been a topic of debate and discussion, with some contending that doing so would interfere with democracy by restricting the parliament’s ability to amend the Constitution. According to some, the doctrine of fundamental structure is essential for protecting the foundational principles of the Constitution from being altered in a way that undermines their integrity and core values.
Fundamental rights, amendment, directive principle of state policy
There are various sources of law but the judicial precedent is considered to be the primary source of law. In the jurisprudence, the precedent has been defined by 3 major philosophers: 1. Salmond: He stated that precedent are the reported case laws which may be cited or followed by the courts or a type of the case law which has a great binding authority and has to be followed. 2. Austin: According to him, it is a law of judiciary. 3. Bentham: He stated that precedents are the laws made by the judge.
judicial precedent, Jurisprudence, law of judiciary, laws made by the judge, precedents
The Concept of Socialism in Indian Constitution Analytical Study
Socialism is the form of economy which aimed to establish economic equality, it is motivated with the concept of social justice, Socialism is embodied in the preamble and objectives of the Indian constitution. Socialism basically makes enable to state for establishing its ownership on the Industries, the main object of socialism to prevent exploitation of the people and promote the pious object of welfare state. The socialism is the only way to eradicate and abolish the line of division between poorer and richer. The socialism promote to concept of Nationalization. Indian Socialism is a political agitation founded early in the 20th century as a part of broader delegation to achieve Indian freedom from British rule. The movement developed soon popularly as it espoused the reasons of Indian farmers and labourers against the so called Zamidars, Princeley class and landed gently . Socialism shaped the principal economic and social policies of the Indian Government but mostly followed Dirigisme.1 After independence until the early 1990, when India moved towards a more market based economy. However it remains a potent influence on Indian politics, with many national and regional political parties espousing democratic socialism.
Social justice, social order, means of production, capitalism
The article primarily analyzes the most controversial topic of judicial review under Indian Constitution i.e. Judicial review of legislative actions. In democratic states, the Constitution of that state is called as the supreme and superior law rights of the people have been mentioned in the Constitution to protect it. The law of judicial review derives their authority from the law of land. Law plays an important role in society. Therefore, the concept of Law keeps on changing from time to time. Laws are enacted and implemented by the legislature and executive respectively and it is being checked by the judiciary using its power of judicial review. The validity of law must be checked according to the Constitution. That is why today various countries have proudly accepted judicial review in the constitution of their state.
Judicial review, legislative action, procedure of judicial review, needs, grounds
Application of the Bona Fide Principle to State Party Compliance with Court Judgments
A decision made by the international court of justice is final, irrevocable, and enforceable against the parties. Such decisions of the Court have binding effect between the parties and with regard to a specific matter, according to Article 59 of the Statute. A judgment's ability to be executed by the parties is justified by the fact that it has binding force. As one can see, many States continue to disregard and refuse to implement court judgements, despite the fact that these judgments have a binding legal force. The act of non-compliance reduces the effectiveness of the courts as "solution factories." This document stands to illustrate on state party comportment in the recognition and execution of the judgements of the world court, calling on the said states to execute the judgment of the court in a good faith spirit. The analyses in the document were illustrated using case law, specialized books and articles as sources of inspiration. Hence we thus arrived at the understanding that, the execution of court judgments is highly unrealistic in the absence of a good faith spirit. However, once the call for compliance appears to be complicated, besides making use of the enforcement measure set forth by the Charter of the UNs, external political pressure might be given preference as a remedy to non-compliance.
Dispute settlement, compliance, execution, court, judgments, good faith
The Impasse Over Higher Judicial Appointments in India
Judiciary is the third and an essential pillar of the democratic set up governed by Rule of Law in India. Judiciary must be impartial, fair and a competent body to ensure justice and strengthen public confidence. Originally, the Indian Constitution provided a memorandum of procedure to be followed to appoint the Judges of Supreme Court of India and High Court. The said procedure comprised of a ‘participatory consultative appointment’ by both the Executive and Judiciary. After the drafting of the Constitution, for the first forty years, the said procedure was carried out satisfactorily with only a few contentious incidents. But after the ‘Second Judges’ case in the year 1993, the Supreme Court put an end to the existing participatory consultative procedure and designed a new arrangement, called the “Collegium” for the selection of judges to both the Supreme Court and the High Court. However, the flaws and inefficiency of the collegium are being exposed by recent incidents. The issue that has emerged recently is, whether or not the Collegium of the Supreme Court is the only source authority to appoint Judges who will not only be independent and impartial but also free from the participation of the executive wing which impairs its independence. The Paper elucidates the framework for Higher Judicial appointments, the landmark Judges cases, the Collegium system and the critique, the NJAC Act, the judgement of the NJAC, the inadequacy and the transfer of Judges of High Court, some suggestions for a transparent and independent Judiciary.
Judiciary, supreme court, high court, judges, chief justice, collegium system, NJAC act
Cooperative And Competitive Federalism: The Two Towers of National Development
In the past decades, India’s economy has taken giant strides. India is standing on the cusp of becoming the world’s largest economy. In this backdrop, and in the light of contemporary development, it is important to look at the functioning of our federalism because, we are, in character, a federal nation with a strong centre. Formulation of economic policies, allocation of funds and resources and other allied matters are matters to be discussed between the Centre and the States. Any federal nation cannot grow if there is no understanding and cooperation between the Union and federating units. India’s Constitution firmly establishes a cooperative regime between the Centre and the States. But, as times have been changing, the government has also accepted and started to promote competitive federalism as a tool of national development. Besides a scheme where Centre shares a vertical relationship with the States, a scenario where States, in a horizontal relationship, compete with each other in order to attract investment and favourable policies could ultimately lead to the development of the nation as a whole. However, both cooperative and competitive federalism are susceptible to some challenges and hurdles. Since, both cooperative and competitive federalism are efficient mechanisms for India’s development, the author, through this article, has attempted to analyse the contemporary trend relating to the same and the government’s response to the challenges posed.
Constitution, federation, quasi-federal, cooperative federalism, competitive federalism, union-state relations, NITI aayog
Uniform Civil Code: A Constitutional and Social Insight
The article talks about the theme of constitutional morality v social morality and its relevance and impact on Indian Democracy through a specific analysis of the Universal Civil Code. This paper explains the said concept and the related legal provisions incorporated in the Constitution of India. An examination of the Uniform Civil Code's origins and its pros and cons is presented in this paper. The article analyzes the extremely debated proposition, prevailing in society i.e. the relationship of the Uniform Civil Code with Secularism, and the way it has been and is being interpreted by society. The article has focused majorly on the constitutional, social, and judicial perspectives in this regard. It also contains instances where the concept has been accepted and implemented. It critically analyzes the current situation prevailing in our country with respect to the constitutional perspective of the Uniform Civil Code. Furthermore, this paper discusses whether or not the Uniform Civil Code can be enforced. The objective of this article is to highlight the importance of this concept and how the implementation of uniform civil law in society will bring peace, harmony, and brotherhood among the people of the nation. Doctrinal Research Method has been applied to this research paper. The researchers have followed the secondary data collection and referred to various books, articles, notes, research papers, comments, and other writings to incorporate the distinct views prevailing in society. Several Case Laws have been taken into account and have been used in this paper, to demarcate the current trend. This article further emphasizes the lesser-explored perspective as to how the essence of various aspects of the Uniform Civil Code and the morals of our nation are integrated. The article ends with a certain set of recommendations and conclusions to set a framework that is required to safeguard and create a balance between our constitutional and social values.
Democracy, uniform civil code, secularism, constitutional perspective, societal perspective
Local Public Adminstration and the Challenges of Socio-Economic Development of Local Communities in Cameroon: the Case of Buea and Douala Municipalities
The 18th of January 1996 is the turning point in the history of Cameroon as it marks the establishment of a new constitution and the constitutionalisation of decentralisation stated under section 55(1) of the constitution. These collectivities constitute the nature of local public administration in Cameroon which have been granted administrative and financial autonomy and competences via independent elected counsellors who manage them on behalf of the local people under the protection of the senate who represents the local communities at the level of the State. The piece of work title local public administration and the challenges of socio-economic development of local government areas in Cameroon: the case of Buea and Douala municipalities. The research is out to give a clear understanding of the evolution of Local public administration in Cameroon and what are reasons for ineffective socio-economic development by local public administration in local communities in Buea and Douala? This project will thus include gathering and analysing data. Results revealed that Local Public Administration is still mired in a state of complication when it comes to the delivery of essential services, notwithstanding the decentralisation policy's materialisation. Consequently, the impact of decentralisation on local development was investigated through an evaluation of local government performance in the municipalities of Buea and Douala. The researcher proposed that, in order to ensure the efficiency of local public administration in Cameroon in the area of local community socioeconomic development, the central government make a functional and sincere political commitment to execute all stages of the decentralisation plans.
Authorities, councils, development, regions, public administration
Constitutional Rights and Liberties of the Media in India: A comparative Analysis
One of the key tenets of a democratic system is journalism. Journalism brings awareness about democratic and social responsibility in the society. Journalist are the watchdogs of the country. That’s why the freedom of media of the country plays a special role in the progress of the country. The media is not entirely free to do what they believe to be correct, though. There is some restriction on this also. Journalism, like any other profession is also subject to legal restrictions. Subject to these restrictions the media has to achieve its goal. The paper discusses the freedom of media in India in comparisons to other country. It is based on the study and analysis of world press freedom index 2022.
Journalism, freedom of speech and expression, Indian constitution, world press freedom index 2022
Aspects of Truth in the Practice of Logic, Law, and Spirituality
The main source of origin of morality and law is theology. While the language of morality appears to be different from law, but it is very difficult to separate both the disciplines with precision. Likewise, ethics without spirituality appears to be ritualistic. No law or legal system can be conceived like a mechanical system devoid of ethics and spirituality. After all law is a means to achieve peace and happiness for the human’s species. And human beings are not the end product of matter only. Spiritual sensitivity is required to experience the life and its phenomenon without reducing it like a mechanical stuff.
Truth, logic, law, spirituality, ethics, and epistemology
THE CONCEPT OF RESERVATION WAS NOT ENVISIONED TO PERPETUATE INDEFINITELY
The concept of Reservation was only envisioned in the constitution for 10 years. The constituent assembly debates reflect the intention of drafters that the reservation was only to be for 10 years. Their views from the debate reflect that we will be able to make a drastic change in the upcoming 10 years after giving the reservation society’s perception will be changed towards the backward class which has been oppressed for many years, their optimistic thoughts related to the constitution was such that “we will not need any reservation after 10 years”. However, currently we have not emerged from the provision of reservation. The development policy which reservation aims to provide during the inception of Constitution has completely failed or there was mistake in speculation. This paper has examined the reason of perpetuity of reservation through the Constituent Assembly debates.
Reservation, Constituent Assembly Debates, 10 years, and Intention of Framers
Copyright (c) 2022 Journal of Constitutional Law and Jurisprudence
Critical analysis of the Sedition law in India: in contradiction with Freedom of Speech: Case Study
Freedom of speech and expression cannot ever be taken away from anybody under any circumstance, because it is a fundamental right and can only be subject to justifiable limitations. This right is an indispensible right provided to an individual and hence is important for the growth of the person. This right is the first and the foremost human right of an individual. Although these rights are subject to reasonable restrictions, the question is that up to what extent the restrictions are considered as reasonable. Section 124A of the Indian Penal Code, 1860, defines sedition as an offence. This section has been debated over for centauries as it had some kind of grey area which had to be looked into. This paper discuss the history of law of sedition and freedom of speech and their relations and also deals with comparative studies of different countries with respect to India.
freedom of speech; fundamental right; reasonable restrictions; sedition; India
In an effort to find the correct balance between administrative effectiveness and individual fairness, the concept of a post-decisional hearing has developed over time. Pre-decisional hearings are those held by the authorities prior to the making of a decision or judgement, and post-decisional hearings are those held by the authorities following the making of the decision (Provisional). The idea of a postdecisional hearing provides individuals. The authorities can only make a preliminary decision not a final one without consulting the party in issue, which is one of the most crucial things to keep in mind at a post-decisional hearing. In order to undermine the goal of delivering a fair hearing and make it less effective than a Pre-Decision Hearing, the objective is to make it harder for the authorities to change their minds after the Final Decision (similar proposition was held by the Apex Court).
Apex court, doctrine, administrative, right to hearing
Principle of Harmonious Interpretation : The Approach of Indian Courts
In India, the Constitution is regarded as the supreme law, and everything that is not in accordance with its provisions is regarded as ultravires. Certain norms of interpretation are applied to resolve discrepancies between Constitutional provisions when they occur. One such guideline, the "Principle of Harmonious Interpretation," is the subject of this essay. The rule is extremely important since it attempts to reconcile contradictory laws in order to find a workable solution. It also aims to defend the very intention of the constitution's writers while establishing the provisions. With the aid of several case laws, the paper's primary goal is to comprehend how Indian courts approached the harmonious rule before and after independence as well as the difficulties associated with it. The main objective of this project is understanding the legal principles and approach applied by Indian Courts on the application of the doctrine of harmonious construction mainly focusing on pre and post-independence by means of several case laws to maintain the existence of contradicting laws in order to find a middle ground through proper interpretation of the same. The paper also focuses on the important aspects kept in mind by the courts while applying the principle of harmonious construction and trying to interpret the contradicting laws with an aim of co-existence of laws. The paper also takes a look over the aspect of separation of power and how the judiciary refrains itself from stating any law as null and void as the power of judiciary is to only interpret the intend of legislature and not make of nullify laws.
The Role Of Juvenile Justice System in India
Harmonious Construction, Judicial approach for Harmonious Construction, Rule of Interpretation.
ANALYSIS OF CONSTITUTIONAL RIGHTS OF INDIGENOUS PEOPLE IN INDIA
Entitlement, privilege, birth right, liberty, permission are just some synonym for the word Right. Rights are just the liberty or entitlement given to people by authority of law. But many times some peril section of society needs some more rights than reasonable person are entitled to. Indigenous people are those peril section of the society which needs rights in order to protect them from the long undertaken discrimination done to them from colonial period. Indigenous people are provided various rights under constitution of India and also special provision are formed in order to uplift them from their current situation. What are those rights entitled to them? Are they implemented to their best extent? The author has tried to analyse these question taking in consideration rights granted to Indigenous people and what is the ground reality. The author has gone through various statutory enactment, reviews, report and surveys of various ministries having numerous factors in order to draw an analysis regarding rights of indigenous people.
Constitutional Rights; Indigenous People; India; Socio-Economic Factor; Scheduled Tribes
HISTORICAL DISCOURSE ON NIGERIAN INDEPENDENCECONSTITUTION OF 1960
This paper discusses Nigerian independence constitution of 1960. In 1912, Sir Fredrick Luggard who had left Northern Nigeria in 1907 to take up the governorship of Hong Kong returned to Nigeria. He was set the task of joining together the southern and northern parts of Nigeria. The year 1914 marked a watershed in the Constitutional history of Nigeria. That was the year of colony and protectorate of solution Nigeria and the protectorate of Northern Nigeria were amalgamated into one country effective January 1st 1914. Following the amalgamation, the Sir Frederick Lugard Constitutional 1914 established the Nigeria Council. This was to ensure a proper co-ordination of administration between Northern and Southern Nigeria in the true spirit of malgamation.
Constitutional History of Nigeria, Colony, Protectorate, Amalgamation and Independence Constitution of 1960
Constitutional and Statutory Safeguards for Fair Trial and Justice under Cameroonian Legal System: A Legal Appraisal
The safeguard for fair trail and justice is the bedrock for preventing the abuse of the rights of litigants in criminal adjudication. The Right to Fair Trial and Justice is a Fundamental Human Right embedded in a plethora of international instruments and national legislations. Without safeguard for fair trial and justice, trust in the judiciary and the rule of law collapses. This paper aims principally at analyzing the law rather than criticizing it. That notwithstanding, shortcomings and ambiguities in the laws are fairly raised. The paper is, therefore, not restricted to the exposition of the law–whereas necessary, has equally highlighted modern values, principles, and procedural rules to permit the understanding of the lacunae and ambiguities in Cameroon’s procedural laws, and for the law marker to find solutions to these shortcomings and incongruities. This is purposefully done so as to grasp a holistic picture of the subject matter, view the Cameroonian constitutional and procedural laws from a wider perspective and make a theoretical and practical analysis of criminal issues. The paper reveals that, though the Cameroonian legal system recognizes the various safeguard measures for fair trail and justice, there is ineffective implementation, high rate of bribery and corruption and non-respect of the principle of Separation of Powers with constant interference of the executive arm of Government in the Judiciary. As a mithridate against this seemingly deplorable situation, it is recommended that an effective follow-up and better living standard be encouraged by the Cameroon government.
Safeguards, Fair Trail, Justice, Criminal Procedure, Human Rights, Cameroon Constitution
The After Effects on the Abolition of Triple Talaq-status of Muslims Women
Woman and their right in the same sentence might not digest. The quest for equality has recently been buffeted by a storm, that of being divorced without being told why, that is the matter of subject of saying frequently talaq. In the official sense of the term, talaq refers to a divorce under Islamic law. Under Triple Talaq, a Muslim man can end his marriage to his wife by simply saying "Talaq Talaq Talaq" three times. But after the abolition of triple talaq the current position of Muslim women has scarcely improved and has barely surpassed the previous level. It has, however, made it possible for women to seek divorce on grounds of cruelty without fear of losing a significant portion of her husband's property in the event of his death. When customary rules were in force, women did not have the legal right to divorce their husbands because of their cruelty, but now she does. The law has been heralded as a significant win for Muslim women. However, it is sometimes overlooked that polygamy is still lawful for Muslim men
Triple talaq, Abolition, Marriage, cruelty, Divorce
Sabrimala Temple Case: A Rift between Religion and Equality
The Sabarimala Sree Dharma Sastha Temple, dedicated to Lord Ayyappa, is a well-known temple in Kerala. In the year 1990, a ban was proposed on women of menstrual age that was between 10 and 50 years, who wanted to enter the Temple. In the ruling of S. Mahendran vs. The Secretary Travancore, the High Court of Kerala came to a conclusion of prohibiting their entry in the Temple on the grounds that the said exclusion was very much constitutional and reasonable in nature as it was a custom prevailing amongst the people of Kerela from time immemorial. In retaliation of the past judgment, a public interest petition was filed in 2006 which challenged the constitutional validity of Rule 3(b) of the Kerala Hindu Places of Public Worship Rules, 1965 which restricted the entry of womenfolk into the Temple. The case was known as Indian Young Lawyers Association vs The State of Kerala on 28 September, 2018. The Association said in its arguments, that the custom led to a gross violation of the right to quality under Article 14 to women and freedom of religion under Article 25. Sabarimala Temple case is one the atalyst that led to conflict between tradition, custom and equality of women.
Sabrimala Temple, Menstruating Women, Equality, Religion, Custom and Tradition
WESTMINSTER MODEL SHADOW CABINET IN INDIA
Due to a single-party government with an overwhelming majority in the Indian parliament, several bills have been passed without much debate in the previous decade. Ministerial research quality has deteriorated, and there is no opposition party to discuss this as no party has the required number of seats. Recent bills, including the surrogacy bill, the RTI amendment, etc., were approved without much debate. Private members of parliament are rarely informed about the government's plans, resulting in absenteeism and frequent walkouts. The Prime Minister and his cabinet have undisputed authority over the legislature, whilst accusations of bias against the President and the apex court complicate the issue. This weakening of checks and balances has a negative impact on India's public governance system and Rule of Law and contradicts Dicey's idea of "predominance of legal spirit." Thus, there is a need to establish novel kinds of counterbalances, and several parliaments across the globe have proposed a solution: shadow cabinets. The current study analyses the socio-political development and constitutional efficiency of shadow cabinets in nations such as the United Kingdom. It also focuses on the procedural modifications required to execute these rules in India, and the reasons for its failure in Indian state governments. It suggests that shadow cabinets enhance performance efficiency, research quality, bill presentation frameworks, and agendas debated by cabinet ministers. Furthermore, it concludes that the system of checks and balances shall be revived, the Rule of Law be strengthened, and institutional morality internalized in the Indian parliament.
CONUDRUM OF UNUSED PROVISON OF THE CONSTITUTION- DISTINGUISHED JURIST”
Despite the fact that it has almost been 72 years since the Constitution of India has been adopted and the Supreme Court of India was established. No Jurist has been assigned as a judge of a supreme Court or High Court. Article 124 (3) (c) of the Indian Constitution says that “An individual who is in the interpretation of the President a distinguished jurist be assigned as a Judge of a Supreme Court”. The practicality of appointing eminent jurists and intellectuals to the Supreme Court of India is examined in this article. The framers of the constitution of the country projected eminent jurists as adjudicators on the bench of the highest court, taking inspiration from foreign states such as the USA, UK and Canada. In spite of possessing such a mission, legal lecturers, the backbone of the legal industry, have no role in the Indian court system. The research from which this article was generated goes into greater detail on countries such as the United Kingdom and the United States of America. This article investigates the same notion, first in its theoretical structure, and then in view of various legal and intellectual events in the country, a study of its acceptability and viability.
Distinguished Jurist, Article 124(3), Law professor, Appointment, Nomination
‘44 th Constitutional Amendment, Right to Property and Right to Compensation’
In India no fundamental Right has caused so much debate, and has given rise to so much litigation between the government and the citizen, as the right to property. In 1978 the 44 th constitutional Amendment removed the fundamental Right to property. The amendment takes away the right to property as a fundamental right and makes it only a constitutional right. Howsoever laudable object the state may intend to achieve it can neither deprive a person of his property nor can it interfere with this right save by authority of law. The acquisition may be against the will of the owners but compensation is paid to the owners or persons interested in the land. Due care must be taken while granting the compensation to the affected person that his right should not get hampered while serving public purpose. State can acquire a property for a public purpose or private company. The concept of &#39;public purpose&#39; connotes public welfare.
Amendment, Article, Constitution, Corporate, Law, Property
For our democracy, the judiciary serves as a watchdog. It is the protector of human rights. It is critical for such a body to be involved in safeguarding citizens&#39; rights. As society evolves it becomes more active by taking on situations involving children. In a suo moto action, a basic right has been violated. The primary goal of judicial activism is to protect the rights of people who are victims of injustice. Ensure that all people are treated with fairness and equality. Such choices should not, however, be made by the judiciary. Obstructing or interfering with the executive and legislative functions this intrusion is unwelcome. “Judicial overreach&quot; is a term used to describe when a judge goes too far in a In a number of cases, judicial activism has played a role. Judicial overreach and the judiciary in their current state.
Human rights, judicial overreach, judicial activism, judiciary, democracy
Government Acquisition of Tribal Land for Development Purposes – A Legal Critique
Earth’s resources are limited, and when one faction of society obtains resources for itself, it only logically follows that another faction is simultaneously deprived of those resources. In the case of indigenous and tribal people, every resource stems from the land that they live on. Without that land, they have no life. And yet, the demands of our ever-growing modern world ignore this fact and continue to deprive them of their livelihood. In such a situation where the actions of society jeopardize the life of others, one would expect the law to intervene and ensure justice. In the following paper, we seek to answer this very basic question: What has the law done to protect indigenous land rights? To answer this question, we take a look at Indian legislations designed to protect land rights, and then move on to scrutinising how the higher judiciary has applied these statutes. To contrast the stance taken by the Indian judiciary, this paper then takes the example of a few judgements delivered outside India. The central argument through the bulk of this paper is that the Indian Judiciary has been inconsistent in protecting tribal land right and needs to change its outlook on the issue in order to make progress.
Eminent domain, Tribal land acquisition, right to life, compensation, samatha vs state of A.P
Constitutional Rights in India An Assessment of Judgments of Justice P. N. Bhagwati
The fundamental rights of the citizens are enshrined in Indian Constitution. The Supreme Court of India and the High Courts during the last seven decades have rendered hundreds of judgments in perfecting the rights of the citizens and thereby contributing immensely to the Rights Jurisprudence. Some of the judges were active enough in securing the rights for the citizenry which sometimes dubbed as judicial activism. Justice P.N. Bhagwati is one of them. Justice Bhagwati the 17th Chief Justice of India, proved to be a harbinger of Fundamental Rights of citizens through his judgments. He introduced Post Card Petition culture in the Indian Judicial System. He was in the forefront for the cause of free legal aid to the poor; labourers’ rights; rights of prisoners and inmates; etc. The remarkable judgements rendered by the Supreme Court with Justice P.N. Bhagwati on the Bench are Maneka Gandhi vs Union of India; Bachan Singh Vs State of Punjab; Bandhua Mukti Morcha Vs Union of India; Hussainara Khatoon Vs State Of Bihar; Dr. Upendra Baxi Vs State Of Uttar Pradesh; S.P. Gupta Vs President Of India; Bihar Legal Support Society Vs Chief Justice of India; Kadra Pehadiya vs State Of Bihar; Munna Vs State of Uttar Pradesh; Sheela Barse Vs. Union of India; Additional District Magistrate, Vs. S. S. Shukla; Waman Rao Vs Union of India; Peoples Union for Democratic Rights Vs Union of India; etc. This article will attempt to analyse his judgements which circumvent the Fundamental Rights. The year 2021 happens to be his birth centenary. This Article is an attempt to pay tribute to this eminent judge.
Rights, Post Card Petition, Fee Legal Aid, Public Interest Litigation, Social Action Litigation, Judicial Activism.
Indian Justice Report: Vanishing Hope for Welfare State
“India's Justice Report 2020" examines the structural potential of the national judicial system. Continuing the approach adopted in the 2019 report, it ranks states based on parameters defined in the four pillars of justice: justice, police, prisons, and legal aid. When ranking the states, the report did not compare one state with another. It only highlighted the strengths and weaknesses of each component of each state and encouraged internal evaluation to bring positive changes to the judicial administration. It forces the state to compete with itself to ensure the best justice for its people. The number of court cases is worrying. Although the number of reported cases has decreased significantly due to the pandemic. At the time of writing, the National Court Data Network cited more than 35.34 million outstanding cases in district courts across the country. The court, we must extremely mysterious number-more than 40 million cases have been heard by courts across the country. The pandemic and subsequent closure (full and partial) prevented the judiciary from holding physical hearings. The unthinkable option is to close the court altogether. But technology came to the rescue, and the system evolved into a video conference. Unfortunately, lack of preparation has two first, due to the lack of a reliable system in place, hardware and software failures are inevitable, and almost everyone is not satisfied. One lawyer wore a vest to discuss the case, while another lawyer drove his car. During this year, some higher courts carefully reviewed this situation, but many people, including the Supreme Court, could not accept this change. The plaintiff in the district court suffered the most because of physical alienation. Few district courts provide videos. -Meeting room, although mandatory. Many district courts do not have the necessary capabilities or qualified staff, so the vast majority of applicants are in trouble. Your answers to the needs of litigants and lawyers. Information and communication technology is not only the courts, but all pillars of the judicial system can use the technology in the coming year and involve all relevant people: lawyers, court staff, trial lawyers, police and prison officials, and legal advisers. Lawyers, the adoption of business methods, wider and more targeted use of technology; Deadline; adequate training for employees at all levels; they are needed for every contribution. The Judicial and Police Academy can do many things to improve the image of our judiciary. Judicial reform is imperative. If war is not adopted, the problems that have arisen during the pandemic and for most of the past year will come at the expense of human rights, civil liberties, and true justice.
Justice as a Body of Norms: A Comparative Jurisprudential Approach
There are so many views on the concept of justice. Justice is the administration of what is due. The existence of wise and absolute discretion in the administration of justice and the absence of fixed law and procedure is a negation of the concept of justice according to law. The concept of justice is accepted as an instrument of social change and ideological basis, for counter-acting the totalitarian tendencies by the Communist World as well as highly developed societies of United States of America and England. Due to the increasing favourable public opinion this concept has established its deep roots in the political ideas in these countries. But developing countries like Africa, and countries in Asia including India, are confronting with the problems of planning social justice and economic development. A good government is one which governs best. However, in the Indian situation, an endeavour is going on for reconciling legal justice and social goals of the Indian community within the frame work of the Constitution.
Community, democratic system, norm, particular justice, status quo, universal justice
Copyright (c) 2021 Journal of Constitutional Law and Jurisprudence
Indian Constitution—Federal in Form and Unitary in Bias: With Special Reference to the Judicial Interpretation of Parts I, XI and XVIII of the Constitutional Text
Federalism refers to the Constitutionally established relationship structure between the Centre and the States of India, which delineates and distributes powers within these divisions for better governance. However, the Indian system is a culmination of this federal format with certain qualities of a unitary system. There by the statement of Indian Constitution being federal in nature, but unitary is bias connotes to this mixed and modernist form of separation of power. The nature of the Separation of Powers in India is known to be more unitary or unitary in bias because of the unclear demarcation of legislative powers which lean towards according to precedence to the Union. This paper aims to examine this federal state of powers in light of the Constitution (One Hundred and First Amendment) Act, 2017, The Goods and Service Tax Act, 2017, the congressional emergencies in the late 19th century and other relevant court judgements.
Unitary State, Federal State, One Hundred and First Amendment and Basic Structure Doctrine
A Rigid, Pure Tripartite Separation of the Organs of the Government and the Cameroonian Constitution: A Critical Appraisal
The concept of separation of powers in its true and original sense is very rigid. In means that the three arms of the government should be completely independent and one organ should not control or interfere with the exercise of its function by another organ. Unfortunately, this principle in its strict sense has not been accepted by a large number of countries in the world because it is hematic, watertight and renders administration of the State inflexible. Practically, the delegations of powers within the administration, relation or corporation between the three organs of the government in most contemporary democracies have made the theory of separation of power in its strict sense more of a fiction, illusionary than a reality. The objective of this article is to examine the applicability of the rigid, pure tripartite separation of the organs of the government in the 2008 Cameroonian Constitution and Cameroon in general. In undertaking this analysis, the article unveils an understanding of what a tripartite separation of powers is, the principle establishing it, its importance and criticisms. Further, it brings out an application of this principle in the Cameroonian Constitution and a general appraisal of its applicability in the Constitution and the Republic of Cameroon. We adopted a doctrinal methodology, a satisfied analysis of primary and secondary data. Our findings reveal that, though the 2008 Cameroonian Constitution structurally adopts the composition of the tripartite separation of powers; the executive, the legislative and judicial powers, it is in practice operational in its liberal and not the strict sense. chiefly, in the sphere of law-making. We recommend the creation of a separate organ to reconcile the three organs where differences arise or in cases where skirmishes surface amongst them.
separation of powers, Constitution, Cameroon, executive, legislative, judicial, law-making
This paper focusses on the effects of Law and Society in African Context dwelling specifically with East African Countries and other African countries and its effects on the economies of these countries as well as the societies in these countries. It discussed the following subtopics Law and Society: Aristotle’s Version 384–322.B.C.; Law and Society: Plato’s version 429–348B.C.; Law and Society: Plato’s version; Law and Society: Aristotle’s Theory of law; Law and Society: Functions of law; Law and Society: Justice; Law and Society: Stability; Law and Society: Certainty; Law and Society: Flexibility; Law and Society: Regulatory; Law and Society: Enforcement; Economic Growth: Fight against Corruption: Conclusion: Access to Justice: Deterrence against Crimes: Political Instability: Violation of Human Rights: Dictatorship: and Corruption.
Corruption, Criminal Court, Human Rights, Justice, Law, Society
Reservation in India Within Constitutional Ambit: An Overview
Inequality is widely pervasive and deeply embedded in the Indian society with explicit manifestations in the socio-economic and political life of a large section of people on account of the normative structure of the Indian society. The constituent assembly constituted to frame the constitution of the Republic of India seriously deliberated on the issue, and resolved to adopt ‘reservation’ as an effective mechanism to address the issue of inequality. Reservation was considered a form of affirmative action to uplift the living conditions of the hitherto excluded and disadvantageously placed backward class of people who have been historically oppressed and denied of basic human dignity and equal opportunity. It was accorded constitutional status with provisions for representation of the underprivileged people in the parliament and state assemblies of the country, and their employment in the government controlled economic enterprises in fixed percentage. Reservation, as evidence suggests, has been instrumental, and has certainly played a very significant role in the uplift of the living conditions of the hitherto excluded communities. But at the same time, it has also limited its scope, and kept away a large number of people in waiting on account of debatable criterion adopted in identification of the genuine and deserving groups and households. It is found that the first group of beneficiaries having availed of reservation benefits have established their monopoly at the cost of the remaining vulnerable groups who are left with no alternative other than to wait indefinitely because of non-pragmatism practised in implementation of the policy of reservation and in practical identification of the needy people. It is suggested that an institution with judicial power be created at the national level to meticulously prepare the group(s) of needy people for reservation, and closely monitor its implementation in letter and spirit of the constitutional provisions.
Rhea Chakraborty vs. State of Bihar & Ors. 2020: Legal Autopsy
In a country where using internet is deemed to be a fundamental right, curbing the rights of media is definitely against the well defined principles. India has been a country which has included Freedom of Speech and Expression as a fundamental right and if the Court starts entertaining petitions which are seeking to curb this right, our country will soon become a banana republic like our Neighbor China or Pakistan. When Judiciary has been allowed to decide their own limits, when Legislation is allowed to decide their own limits, when Political Parties are allowed to decide their own limits, when even Entertainment industry is allowed to decide their own limits, this restriction on Media by the judiciary is uncalled for and not in good taste. This order is against the well settled principles led down by the Supreme Court where it has been established that Media is the forth pillar of our democracy and if required, they can monitor themselves on their own. If the court passes orders like this, it could be against the very basics of our democracy and will have a long term implication where the ruling party could use this order in their benefit to lower down the tone of Free Media which in no way is a good sign for democracy.
free media, CBI, judiciary, rights, sushant singh
Calculus of Force Majeure in Corona Lockdown
Force Majeure is not a new concept in Law. Vis major is a concept of contractual relations prevalent in Roman Laws since time immemorial whereas the force majeure is equivalent concept in French Laws imported from the Roman Laws per se in Continental Law system alien to Common Law legal System which uses the term of frustration of contract. Like any other Commonwealth Countries inter alia USA, India also adapted the Legal System of Common Laws of England which use the term doctrine of frustration. However. the advent of Covid-19 gave rise to multiploidization of litigation and legal consultancy across the Globe as to whether the breach of contract or non-performance of respective obligations triggered by lockdown due to pandemic Covid-19 would amount to ‘force majeure. Courts of Law are divergent. How Covid 19 pandemic is unprecedented to constitute Force Majeure and strikes at root of the contract as whole ? This Paper attempts to do a Legal evaluation of force Majeure clause in view of unprecedented and un-paralleled swingeing loss sustained to the life & business of the people subsequent shuttering down borders, grounded flights and sledgehammered a complete compulsory penal lockdown of all activities of its citizen inter alia arresting all activities of business establishments, industries and service sectors across by many Countries. In this backdrop it also examines Whether an Amendment in Indian Contract Act,1872 is needed to address the concept of Force Majeure in the emerging circumstances of Covid-19 ?
Force Majeure, Covid19, Corona, Contract Act 1872,China
The Domination of the Repugnancy and Incompatibility Tests on Customary Law in Anglophone Cameroon
This piece has as objectives to examine the recognition of customary law in Cameroon, on the one hand and on the other hand it will belabor on the Repugnancy and Incompatibility Tests (The Duality Tests) and it impacts on customary law in Cameroon. The early contacts of the colonial masters which constitute the modern Cameroon were in the early 19th century. During the colonial period, the British introduced the 1955 Southern Cameroon High Court law which in its Section 27 (1) lay down the repugnancy and incompatibility tests (duality tests). As per this section, the court will only apply a rule of customary law if it is not repugnant to natural justice, equity and good conscience or incompatible with laid down laws. In this light, adopting an in-depth content analysis based on primary and secondary sources of data collection and data analysis is imperative. The research conclude that the duality tests have both negative and positive consequences on customary law in Anglophone Cameroon; it has led to the uncertainty in the application of customary law and on the positive side, it has help to upgrade the status of customary law.
repugnancy test, incompatibility test, customary law, natural justice, equity.
Copyright (c) 2020 Journal of Constitutional Law and Jurisprudence
CONSTITUTIONAL PERSPECTIVE OF RESTRICTIONS ON RELIGIOUS PRACTICE
Maintenance of public order is always considered to be the primary duty of the state. Right to religious practice is a very sensitive issue. Likelihood of clash between believers of one religion and another while exercising their religious practice which may lead to violation of public order of the state is very high. In order to maintain public order among the people of the society while they exercise religious freedom, lawmakers of our country have taken keen steps. Various legal provisions for the management of public order and tranquillity have been comprehensively formulated. The judiciary has asserted that the state authorities have been given police powers to solve like nature of issue which runs parallel to the guarantee given by the Constitution to an individual.
Public order, Reasonable restriction, Religion, Religious freedom, Tranquility
Constitutional Legality of the Limits of Sanctions and Extent of Liberty in the View of Coronavirus Pandemic in India
As we all are familiar with the word coronavirus officially named as (COVID-19). The World Health Organization (WHO) declared it as a pandemic situation because of its global spread. India rapidly responded and clamped Lockdown after a JANTA CURFEW ordered by our honorable Prime Minister on 22ndof March 2020. Then after that curfew a new challenge for all came into light (i.e. Lockdown) from March 25, 2020, to April 14, 2020 which was named as a first lockdown and then 2nd lockdown started from 15th April 2020 to 3rd May 2020 then followed third lockdown mainly from 4th May 2020 to 17th May 2020. The government has played a very important role to fight from this epidemic situation by applying restrictions on social gathering that comes under section-144 of CRPC Act. In the recent speech of our honorable PM Narendra Modi which was held on 13thMay 2020 he talked about Self-reliance and 5 Pillars. Economy Infrastructure System Demography and Demand (supply chain). Announced MSME package (for land, labor, liquidity) of Rs.20 Lakh Crore (10% of GDP, more to be announced by FM). The Government legitimized flow into at the constructional mandate of Article 47 and Entry 29 of the 7th agenda of the Constitution of India, 1950. It has moreover carried out time tested quarantine regulation contained beneath Indian Penal Code, 1860, and Epidemic Diseases Act, 1897. Such a health emergency turns out to be no longer contemplated under the Constitution of India, 1950; therefore, it has anticipated calamitous situation underpinned Disaster Management Act, 2005, to chart the preventive approach of COVID-19. The innovation of COVID-19 as disaster and disaster equipped into the word' beyond the coping capability of the network.'
Janta Curfew, Lockdown, Pandemic, Epidemic, MSME, Self-Reliance.
The Right to Information Act, 2005 gave the citizens a formalized platform to access information. The paper talks about the history of information, how the right evolved in India and constitutionally analyzing pertinent sections. Moreover, transparency, freedom of speech and expression, an open government which are the fundamentals to our basic structure and hence to accessing information. Third-party information that is often not spoken about and is not considered to be important is discussed in this paper. The author has not delved into the Right to Information (Amendment) Act, 2019 as the act has not yet come into force. Hence, this paper will primarily focus on the fundamentals and the pillars of the Act that officially grants the right to information to the Citizens of India.
democratic state, freedom of speech and expression, public interest, right to privacy
Constitution is the agreement or law of highest authority in every country. Every single law passed by the legislature has to be in accordance of the Constitutional law of that country, also as Jurisprudence is a philosophy of law which helps to study every law in detail, its scope, ambit, and every concept, it becomes essential for every lawyer or any person with such profession to study the Constitutional Law along with its Jurisprudence. There are many aspects of the jurisprudence which requires our attention and understanding we will study the four aspects of jurisprudence and the fields with which they deal. Here in this article we will study the most philosophical part which can be the base for every law i.e. Constitutional Jurisprudence. We will also study theories given by different jurists of all time along with the Constitutional interpretation and judicial review by the Supreme Court of different countries.
Constitution, Jurisprudence, Theories of Constitutional Jurisprudence, Need for Jurisprudence, Concepts of law, Importance of Jurisprudence, Historical Development, Constitutional Interpretation, Judicial Review, Philosophy of Law, Common Law, Fundamental Rights.
The Right to Self-Determination by Groups Struggling for Statehood in Post-Colonial Africa: A Constitutional Freedom or Battle?
Just when it is thought that some peace is settling in Africa after the scourge of the 2nd World War, there have been raging internal conflicts with groups of people within territorial boundaries of states, claiming self-rule (Self-Determination). Many conflicts around the globe generated from attempts at fractioning states. In Africa alone, there are a handful like the Biafran of Nigeria, Saharawian of Western Sahara, Katangans of Congo and the Ambazonian in Cameroon. The right to self-determination has become one of the most complex issues for African policy makers, scholars and the international community at large. Confusion surrounding the content of the right to self-determination makes people to ask whether there exists a right to self-determination. This is because this right is constitutional and is also included in international human rights conventions which fail to defined who exactly is to claim such right; a group; a people; or a nation, and what exactly this right confesses. At the same time, the international system particularly in the post-colonial era has defended the inviolability of existing national/state borders, regardless of how and when they were determined. In recent years, many groups that constitute minorities in their states have evoked the “right to self-determination” in their demands for autonomy or in some case, have resorted to violence to pursue their aims. These groups typically demand for self-determination as a way to end years of repression and human rights violations by the majority ethnic groups or the central government. Based on the challenges faced in asserting the right to self-determination, the objectives of this paper is therefore, to assess and analyze the content of the right to self-determination, evaluate the level of its acceptability and applicability, examine its assertion by groups claiming it, and examine if there exist other means of asserting such right. To attend these objectives, we adopted the doctrinal method and discovered that they are other means of asserting the right which can be through Federalism, confederation, Decentralization and not only through secession to which if they are effectively implemented, such right will be assured and sustainable as such, enhance peace and security in Africa.
Analysis, Rights, Self-Determination, Groups, Statehood, Post-Colonial, Cameroon
Rule of Law and Good Governance in India
This paper makes an effort to provide an outline of the Dicey’s Rule of Law and concept of Good Governance. The paper intends to locate the principle of Rule of Law in the Indian Constitution and the manner it is followed and implemented in the public institutions. The paper focuses upon the evolution of good governance in India by identifying its essential features in its working and emphasizes need for innovative approaches. No theory of governance could be intelligible unless it is seen in the context of its time. India’s democratic experience of the past seven decades has clearly established that good governance must aim at expansion of social opportunities and removal of poverty. Good governance, according to the author, means securing justice, liberty, rule of law, empowerment, employment and efficient delivery of services. The paper deals with the concept of Rule of Law and its role in establishing Good Governance throughout the country. This paper also makes an effort to highlight the attempts made by the Indian Judiciary to promote Rule of Law and Good Governance through her valuable and significant judicial pronouncements.
PREAMBLE AS A TOOL FOR CONSTITUTIONAL INTERPRETATION: A COMPARATIVE ANALYSIS
As Said by Coke the Preamble is an excellent means to understand the statute as it opens the doors to understand the mind-set of the makers of the constitution. It plays a great role in constitutional adjudication and design. This study is mainly going to analyse the way of looking at preambles. It is also going to comparatively analyse how the Preamble is being used both in the United States of America and India. It is going to analyse how the Courts in the United States of America have lagged behind in giving the Preamble the role it deserves but India have gone ahead and recognized Preamble as a part of the Basic Structure of the constitution. It is also going to discuss the legal power of preambles where it is going to comparatively analyse the legal force given to preambles in India, the United States of America, Nepal, France, and Germany etc... It is also going to discuss the Consolidative power which the Preamble has. The paper also envisages the idea that Preamble be made a part of the constitution and be given force and also play an active role in adjudication of Constitutional disputes and have a final say in adjudication if there is obscurity in Constitutional provisions. It also asks for better and advanced study in this subject in law schools so that students get an idea of the ideals and values on which our preamble is based.
Interpretative Preamble, Substantive Preamble, Justice, Liberty and republic.
RESTRICTIONS UPON THE FREEDOM OF ASSOCIATION AND THE TEST OF REASONABLENESS
Freedom of association is the basic feature of any pluralistic society. Though, association, like other concepts, is not an absolute concept. The state may have a number of valid reasons for wishing to regulate its exercise. To do so is not necessarily incompatible with the idea of freedom of association, provided the restrictions chosen leave the basic substance of the right intact. However, Governments do sometimes succumb to the temptation to confuse justification with expediency, and the substance of the fundamental rights cannot always be preserved by relying on the benevolence of state administrations. If it is accepted that decisions on economic and labour issues should not be monopolised by the state but that workers and employers should also play an important role in this respect, it is self-evident that the latter must be given the right to set up organisations for the defence of their occupational interests and that these organisations must be granted the rights which are necessary for them to act effectively. Although the basic principles of freedom of association apply to workers and employers alike, in practice usually problems arise in connection with labour unions rather than with employers’ organisations. The main reason for this is probably that many Governments are more concerned about the potential influence of trade unions on national life and have therefore attempted to control them more closely It is important therefore to inquire into the limits imposed by the ILO upon the discretion of Government to restrict the exercise of freedom of association. However, the present study is an attempt to analyze the understanding of the attitude of various facets of freedom of forming an association and its legal and reasonable restriction vis-a-vis the historical development, hence; it limits itself only to the study of the general rights of political and non-political associations and how much the same have been protected through Courts’ decisions. The present study is based on doctrinal method of research. A comprehensive review of existing literature, journals, articles, reports, mixed with magazines, newspapers articles are primarily relied in order to get clear updated picture of the current position of the Constitutional law regime and its conflicts with rapid pace of modern legal development. Case laws of various Courts are basically referred.
Equality, Freedoms, Restrictions, Association, Reasonableness of Restrictions, Bill of Rights, Constitutional laws, Public order, Fundamental rights, ‘Security of the State’.
The Reservation System as a tool for Social Engineering in the Perspective of Indian Constitution
The satisfaction of human wants and desires is the main duty of law. In the primitive society, one class used to rule over others by making caste system and fulfilled their own interests only. The weaker sections then had no any such status that was being used by the strong one. The constitution of India provides the equal status and of opportunity to develop the human personality to all disregarding their castes but by providing through caste system that some has been found backward socially and educationally in lower caste sections. This reservation system might act as a tool of ‘social engineering’ that could have balanced the competing interests of all the castes in our present society. Despite, incorporating this promoting system of reservation in India throughout, it becomes more burning issue countrywide. The idea of ‘maximum wants with a minimum friction’ here seems to get failed. To make the system more efficacious, no one wants to give some least sacrifice and this politically organised society is enjoying their existence by making the propaganda of distributing the free Adam’s apple of reservation.
human wants, law, caste system, opportunity, social engineering, reservation, primitive society, Constitution, equality of law, progress
Representation of Anglo-Indians in the Indian Legislative System
Article 331 of the Constitution of India, 1950 enables the President of India to nominate not less than two members belonging to the Anglo-Indian Community to the Lok Sabha. Similarly, Article 333 of the Constitution of India enables the Governor to nominate a member belonging to the Anglo-Indian Community to the State Legislative Assembly, if in case necessary. The Political Representation for the Anglo-Indians is being provided from the date of enactment of Constitution. Over the years, the population of the Anglo-Indians has been decreasing and the Population Census and other reports indicate that their population is reduced to 40,000 across the country. This paper aims to analyse the progress made by the Anglo-Indian Community out of the political representation provided to them in Lok Sabha and State Legislative Assemblies. Further, it seeks to highlight how the reservations provided to this community were misused to a large extent by the political leaders. Towards the end, this paper would suggest the alternative solution to the political reservation extended to them, if in case it is found to defective and misused by the political leaders to a large extent.
Anglo-Indian, Article 331, 333 of Constitution, Lok Sabha, State Legislative Assembly, Political Representation, progress, population, defects, misuse.
Refusal to Defend vis-a-vis Right to Legal Representation
In the world of real lawyers and real clients, "role differentiation" refers to a fiduciary relationship in which the lawyer promises to take all reasonable and lawful means to attain the objectives of the client. Our Constitution guarantees right to representation to every accused regardless of the crime he has committed. However, the refusal to represent by the advocates hampers the Constitutional Protection offered to accused. Professional ethics requires an advocate to take the brief of the clients and defend them with all the skills they posses. However, on the special circumstances an advocate can deny to represent the accused. The circumstances include threat to the society, threat to the victim and societal perspective. When a person is accused of committing a heinous crime bar associations passes resolutions to refrain from representing him however this goes contrary to basic professional ethics. A person shall not be convicted without affording him to present evidences in his defense, denial of such an opportunity will be contrary to principles of natural justice which also forms a part of right to life enshrined under Article 21 of the Constitution. The author in this paper has analyzed the instances in which an advocate can deny to represent the accused apart from analyzing the importance of legal representation.
Profession ethics, legal representation, special circumstances, natural justice, Article 21, Constitution, Right to Life, circumstances, crime, victim.
Legal Perspectives of Open Government System towards Achieving Transparent Administration at Gram Panchayat level in India – Case Studies
An open government is one with high levels of transparency and mechanisms for public scrutiny and oversight in place, with an emphasis on government accountability. Transparency is considered the traditional hallmark of an open government, meaning that the public should have access to government-held information and be informed of government proceedings. In recent years, however, the definition of open government has expanded to include expectations for increased citizen participation & collaboration in government proceedings through the use of modern and open technologies. The open government system enables the people to participate in all the process of planning, development decision making, implementation and monitoring of rural development programmes ultimately addressing the issue of poverty reduction. In this context, this study captured the performance of proactive role of panchayats in maintaining transparent administration in a participatory manner. This study also made deep attempt to verify this theory that, the open government system made commendable impact on the delivery of basic services and people supporting functions
Open Government - Open Governance- Transparency - Accountability - participation - Local Government - Panchayat Raj- rural development programs- administration- poverty
Legal Pluralism or The Unification of Laws in Cameroon
This article examines the present state of the law in Cameroon (pluralism) and argues that unification is a better option. It considers other alternatives such as constitutional overrides and harmonisation/integration before settling for unification. Legal pluralism creates a situation of overlapping laws some of which are discriminatory and thus cannot adequately protect the individual’s human rights particularly the right to non-discrimination. Also, the complexities created by the internal conflicts of laws as a result of legal pluralism make it more difficult to achieve justice. Unification on the other hand will greatly reduce non-discriminatory rules and the problems created by the conflict of laws. This article focuses mainly on personal law. While parliament has enacted laws that are applicable in the entire country in some fields such as labour law, marriage, criminal law and procedure, in others such as divorce parliament has never legislated. Thus, where parliament has not yet legislated, the applicable laws are still those received from her colonial masters as well as customary law.
Cameroon, legal pluralism, conflict of laws, constitutional law, harmonisation, unification, non-discriminatory, divorce, colonial masters, customary law
Dorothy Lekeaka Acha Morfaw Epse Ghogomu
Law is for the society, of the society and by the society. LAW only tries to safeguard the society at large or a part, not for depriving others rights by misusing it. It is the selfish mentality of an individual which raise the negative question on the basic objectives of legal provisions in this present scenario.
Law is for protection, Law is not for misuse, Objective of Legal Provision, Law and its types, Nature and Scope of Law, Purpose of Law.
Emerging Role of Media in Elections (In context to India)
With developing times, media is often recognized as the fourth pillar of government in many countries along with the Legislature, Judiciary and Executive. The world is evolving into a Global Village and media is actively playing its role. Information from around the globe is now just a few clicks away. A human is a social being and likes to be connected, to be well known, and to be respected by others. Everyday choices of people are heavily influenced by the opinion of others around them. In such an environment, media plays the role of a messenger, spreading information worldwide, making people aware and making an influence on their decision-making process. This paper explores the active role media plays in Elections. As the role of media is a very important one in elections, there are various instances of malpractices which occur through media. This paper critically analyses and discusses about such scandals which have taken place in the past and which may pose a threat in future elections. This paper also briefly discusses the Freedom of Press and the Limitations on Freedom of Press. The paper concludes with analysis of both authors on the present and developing role of media and their suggestions.
Global Village, Propaganda, Broadcast, Transparency, Elections, Legislature, Judiciary, Executive, information, Press
Doctrine of Separation of Power and its Present Significance in India
The doctrine of separation of power can be said to be developed over the above observation, though the concept is much older than the remark by Sir John Acton. History has time and again shown that unlimited power in the hands of one person or group in most cases means that others are suppressed or their powers curtailed. The separation of powers in a democracy is to prevent abuse of power and to safeguard freedom for all. This paper traces the origin of the concept of separation of powers to the times of Aristotle and Plato, how it was in ancient India and its development in modern era. Then the paper goes on to explain the position of the doctrine in USA and UK. Separation of powers as implemented in India is explained and a few Articles of the Constitution of India are mentioned which relate to separation of power and the doctrine of check and balance. Further, the doctrine of check and balance and separation of power as a part of basic structure is discussed along with a few case laws and recent issues such as the RBI and CBI conflict with the government.
Separation of Power, Checks and Balance, Basic Structure of the Constitution, ancient India, development, USA, UK, government, issues, case laws
Citizenship Act, 1955: Critical Analysis of CAA & NRC
The Indian thought of nationality as in material form in the Constitution and the regulation is in the throes of a hypothetical and most important insurrection. The double mechanisms of this modification are the National Register of Citizens and the Citizenship Amendment Act. But the previous is figurine out passageways to statelessness for on the breadline assemblages, the second is creating alleyways to nationality for preferred crowds. At the same time as the first is, notwithstanding the threatening of its adding up transversely India, at present inadequate to the state of Assam, not merely do the two requirements to be understood at the side of every additional, mutually of these in revolve necessitate to be understood in the bigger circumstance of the administration guidelines towards minorities, whether in the obligatory improvement of Muslim women by the criminalization of the triple talaq or the move towards behind tough lying on, in view of the fact that near the beginning of August, in the previous state of Jammu and Kashmir. They in addition require to be comprehended in the surroundings of enlarge of velocity of aggression next to minorities above the long-ago not many years, for the most part by guardian thread up crowd who have been flourishing on inauguration of authorized indemnity. A sufficient appreciative of equally the National Register of Census and the Citizenship Amendment Act depends on an authorization of the arrangement for minorities represented by these dual observable facts, instigate on or after the circumstances and civilization in that organization
National Register of Citizens, Citizenship Amendment Act, migrants, government, India, minorities, administration, civilization, criminalization, triple talaq.
AN ANALYSIS OF THE SPECIAL STATUS OF JAMMU & KASHMIR AND THE WITHDRAWAL THEREOF
In 1947, when India was finally getting its independence from the British Raj of over two hundred years, there was a sigh of relief to the Indian people that now it’s time to breathe free as the India will be for the Indians and no British dominance would hamper the peace and harmony in the Indian Territory. But nothing is gained without losing something therefore, India was divided into two parts, namely, India and Pakistan in which as time passed East Pakistan got independence from Pakistan and is currently known as Bangladesh. Though there was the breeze of Independence in India, but people of Jammu & Kashmir were into great dilemma as to what they should do. Whether they should merge with India or the Merger should happen with Pakistan or Jammu & Kashmir will be an Independent Nation. Hence, Raja Hari Singh decided to merge with India in consideration of special status for Jammu & Kashmir by the Indian Government. As a matter of fact, on October 26, 1947, Hari Singh, the Maharaja of Jammu and Kashmir, agreed that the State would become a part of India.
Jammu, Kashmir, Independence, Merge, Special Status, dominance, peace, territory, Indian Government, British Raj
AN ASSESSMENT OF CAMEROON’S LEGAL AID SYSTEM AS AN INSTRUMENT TO PROMOTE ACCESS TO JUSTICE FOR THE POOR
The administration of justice in Cameroon’s courts is govern by some general principles and concepts. Amongst the established principles is the one contained in the Law on Judicial Organisation in Cameroon,[1] which provides that “Justice shall be administered free of charge subject only to the fiscal provisions concerning stamp duty and registration and those concerning the reproduction of records of proceedings for appeals”. This does not absolve a party to a case from paying his or her lawyer and other allied expenses. Therefore, this might be a barrier for the poor and underprivileged parties to have access to justice which is a fundamental human right. This paper examines the effectiveness of the Cameroonian legal aid system as an instrument intended to breach this barrier in order to realise the important commitment of the government contained in the slogan “justice for all by 2035”, in line with the social policies in support of growth and poverty reduction.
administration, justice, Judicial Organisation, underprivileged, legal aid system
A Critical Analysis on Judicial Review: Bangladesh Perspective
Bangladesh is a unitary independent sovereign, republic to be known as the People’s Republic of Bangladesh and by nature man is rational being and they live in the society depending upon other in need of survival. The laws are basically created on social demands and human needs. Laws have been made to guide and control human behaviors. It is one of the fundamental tasks of the justice system of a country that it will work as safeguard for the people to uphold the significance of their rights. Judicial review is a principle by which the legislative and the executive actions are subject to review by the judiciary. Judicial review checks and balances the separation of power among the government branches. Judicial review is one of the important techniques by which the courts examine the actions of the legislature, the executive and the other governmental agencies and decide whether or not these actions are valid. The main attempt of the study is to focus the challenges in using this power in Bangladesh analyzing some cases. The authors have also analyzed the philosophy of this power vested on the judiciary. At last some recommendations have been put to overcome the complications in application of this power.
The average educated Indian believes that every law of the Parliament is applicable throughout the country, including the State of Jammu & Kashmir. Nothing is further from the truth. Using the freedom provided by Article 370, the J&K State has not accepted Indian Penal Code, Prevention of Corruption Act, 1988, and several other laws passed by the nation’s Parliament. Another truth is that, because of the leeway provided by Article 370, the Jammu & Kashmir State governments have, down the years, declined the applicability of dozens of other Articles of the Indian Constitution to their State or accepted them in only a modified form. A glaring example of this is that while the Preamble of the Indian Constitution proclaims the Union of India as being ‘Secular’ (whatever that may mean), the corresponding Preamble of the J&K State Constitution does not avow that the State is ‘Secular’.[1]
Law, Article 370, Indian Constitution, Secular, Preamble, Indian Penal Code.
RTI AND ITS IMPACT ON INDIAN DEMOCRATIC SYSTEM
India was under the colonial rule for over 200 years and a major element of that oppressive rule was the questions asked way of governance of the Britishers in furtherance of which the atrocious Official Secrets Act was enacted and was in operation post the independence and enactment of our Constitution which made India a Democratic Republic. The essence of a democracy lies in the principle as given by Abraham Lincoln in the Gettysburg Address that it is “for the people, by the people, of the people” and that the Preamble of the Constitution of India states that the people of India have given the Constitution to themselves. In these circumstances, the operation of an Act like the Official Secrets Act went against the democratic spirit of the nation. The elections in India are based on Universal Adult Franchise and the persons are elected on representation of the people of India. In these circumstances, it is the need of the nation to provide Right to Information to it’s citizens so that they can demand answers and information from the Government and it’s Authorities on the functions and operations of the nation. This paper focuses on the Legislative History of RTI on how the idea was opposed, acts enacted but never notified, bills allowed to lapse to the enactment of the present ground breaking but limited Right to Information Act, 2005. This paper further makes a detailed perusal of the RTI Act, 2005 along with a comparison of the same with other parallel legislations and their scope in nations around the World. Lastly, the paper focuses on the judicial aspect of RTI and the grievance redressal mechanism finishing with the suggestions and important judgements that have paved the way for execution of the RTI in India.
Right to Information Act 2005, Constitution, judicial, Official Secrets Act
India is a country enriched with abundant natural resources and an enviable demographic dividend wanting only in availability of capital to propel the country on a path of unbridled economic growth. To attract invest from around the globe it is imperative to promote ease of doing business of which the judicial mechanism on settlement of disputes plays a vital role. To take care of that, Arbitration has been introduced in the Indian Legislative Judicial System. Although the provisions on the same have been around since 1940, it is in the recent years that Commercial Arbitration has received increased impetus to ensure that the disputes are resolved in a time bound manner aimed at reaching a decision that pays heed to the economic and judicial interests of the parties involved. With the benefits apparent over the traditional court system, arbitration is steadily becoming the preferred system of dispute resolution however being a relatively nascent mechanism, training and research in this arena is under developed. This paper discusses the legal provisions that allow for undue judicial interference in the ADR Mechanism with reference to relevant cases where the same has been brought to attention.
demographic dividend, Arbitration, Legislative, Judicial System
Necessity of Uniform civil code in India
The word uniform civil code incorporate three terms 'uniform' ,' civil ', 'code'. The word uniform methods all individuals are equivalent in all conditions ; the term common gets from the Latin word ' civil ' signifies resident when use as a descriptor to the term ' law' which means the privilege of native ; the word code got from Latin word ' codex' which means book. So along these lines it signifies the implying that consistently laws that are material to all native of India independent of their position, religion, birth, sex, tribe. Article 44 of the Directive Principles of state approach in the Constitution of India says the "State will attempt to accommodate its residents a uniform civil code (UCC) all through the domain of Indian territory." The target of this undertaking ought to be to address the victimization helpless gatherings and orchestrate differing social practices. By and by circumstance touches base to set up a uniform civil code in India. On the planet there are a huge amount of countries where only one court has for all people free of different religions. The stand taken by B.R. Ambedkar in the Constituent Assembly discussions has endure the years. Dr. Ambedkar had said a Uniform civil code is alluring yet for the minute ought to stay deliberate.
Constitution, Uniform Civil Code, Personal Law, Fundamental Rights, Supreme Court.
Government of India has three branches; namely executive, legislature and judiciary. In this Article, we are going to talk about the judiciary of India. Judiciary in India is independent of the other two forms of government. It works as an organization in itself, which has its own officials. Judicial Service is not considered a service in sense of an employment. It is the branch of authority in a country which is concerned with law and the legal system who resolve the disputes between the citizen and the state between state and the union and the various organs of the state itself and provides justice to them. The Indian Judiciary consist of the Supreme Court at Union Level, High Court at state level and District court at Every District level. There is only one Supreme Court which acts as final interpreter, guardian of the Constitution whose decision is binding on lower and subordinate courts i.e., High Court and District Court, under Article 141 of Constitution of India. The Supreme Court has defined the basic structure of Constitution through the case of kesavananda bharti. Every procedure and courts works in hierarchy putting Supreme Court at top and District court at bottom. Supreme Court can hear appeal from High court under Article 132. Under Article 214, there shall be a High Court in each state and all High Courts have same status under Constitution. The Constitution empowers Supreme Court and High Court to issue writs in case of violation of fundamental rights under Article 32 and 226 of Constitution respectively. The High Court can interfere with the order under Article 227. In every state there shall be Courts of session, Judicial or Metropolitan Magistrates of first class, Judicial Magistrates of second class and Executive Magistrates.
Article 32, Article 226, Constitution, executive, legislature and judiciary
"Defensive Discrimination" implies to bring the weaker area of society at a par level or at standard with forward class individuals. The expression "Defensive Discrimination" is referred to under different classification as "Positive separation", "Dynamic segregation", "Positive insistence" or even as "Invert Discrimination". This paper is an endeavor to ponder the cases identified with defensive separation and arrived at the conclusion whether the exisiting laws and their execution by the judges is upto the mark or not.
Rule of Law is a global concept and has been taken from the Latin word ‘linguafranca’ which means it is a specific language in the field of law and therefore it is an universal concept which was then discussed by many ancient, medieval and Greek philosophers and jurists such as Aristotle, Hayek, Plato, Montesquieu, &Locke that law must govern people and not vice-versathey were of the thought that those who are already in power should be the servants of laws[1]. Rule Of Law is the only supreme patent of human creatures and is ‘liguafranca’of global thought. It reflects in the constitution through the concept of good governance and democracy. It is a universal concept which was It is fetched from the french phrase ‘la principe de legalite’ which means ‘The Principle of legality’ and proves to be the necessary conditions for the implementation of the ‘Rule of Law’ which give emphasis on the legislative powers of the state but that alone does not ensure the fact that all the powers constraint in a state are with due process and diligence[2].However for the practical knowledge of the rule the paper is needed to be read.
Rule of law, good governance, legistative powers, supreme patent,democracy
The State of Patriotism in the Contemporary Context of Indian Democracy: An Analytical Study
“Loyalty To The Country Always. Loyalty To The Government When It Deserves”. —Mark Twain Patriotism is a notional concept which is frequently attempted to be defined in a subdued arena of present democracy. It is imperative to respond to the enigma that “Can Patriotism be engrained into people through the mechanism of force-feeding? or Is Patriotism the last refuge of a scoundrel? Patriotism is an abstract feeling which is sought to be defined in a constricted manner. A very important question which requires discourse is whether Patriotism has to be expressed at all?
Patriotism, Engrained, Force-feeding, Refuge, Scoundrel, Constricted.
Copyright (c) 2019 Journal of Constitutional Law and Jurisprudence
Ridge v. Baldwin: Analysing the Magna Carta of Principles of Natural Justice
Ridge v. Baldwin is a landmark authority and has altered the settled position in England, India as well as other nations. It is thus regarded as the Magna Carta of Principles of Natural Justice as it has widened their scope manifold. It thus becomes significant to consider the analysis of this case and comprehend the settled position. It is certainly regarded as one of the most significant judgements when it comes to changing dynamics of Constitutional Interpretation. The paper has attempted to comprehend the principles of natural justice in brief and their historical inception along with the discussion on International Conventions. The position in India has been considered at length along with various landmark cases to substantiate the points post discussion of their historical evolution in India. The significance of the instant case has been discussed post which the case has been analysed. Post analysis of the case, the present position in India has been discussed to comprehend the significance of this case. An in-depth analysis of the above-mentioned theme has been presented along with an organisational conclusion of the subject matter. The case analysis has sought to resort to different reliable sources, both online and offline, inclusive of different online reports, surveys, statistics, studies, books and articles inter alia for the purpose of research, analysis, interpretation and execution of the subject matter and ensures maximum creativity, research work, and personal ideas in the same.
Ridge v. Baldwin, Authority, Magna Carta, Natural Justice, Case, Organisational, Research Analysis
Quaid-e-Millat Muhammad Ismail Sahib on Reserved Constituencies
The topic of reserved constituencies has been a hotly debated issue before and after the independence of India. Several scholars from various social, economic and cultural backgrounds have diverse opinions on the topic. Those who oppose reservations in electorates argue that such systems merely serve to further deepen the schisms that the Indian society is benighted by. The minorities tend to overwhelmingly favor it since they have experienced the tyranny of the majority during several junctures in the long history of India. Apart from the lessons learnt from historical experience, the thoughts and viewpoints of prescient scholars voiced during the constitutional debates provide a keen insight into the various dimensions in the complex issue of reserved constituencies. The aim of this paper is to understand and analyze the opinions of Muhammad Ismail Sahib, popularly known as Quaid-e-Millat on the issue of reserved constituencies and draw linkages to the issues related to affirmative action in contemporary times.
Reserved Constituency, Electorate, Minority, Majority, Quaid-E-Millat, Constitutional Assembly Debate, Religion, Muslim.
Joss House Ministerial Regulation: Specific Old Laws for Control of Religious Shrine in Thailand
Abstract Rooted culture and belief are common things in any setting where there is a long history. Joss house is a specific belief of the local people seen in Indochina. This place is a specific religious shrine controlled by public community aiming at performing religious activities. The specific Lawson Joss house is very interesting. Here, the authors present and discuss on the specific old laws for control of religious shrine in Thailand. The law has been in used for nearly one hundred year (since 1917). This is an example of old classical law that is still presented used.
Joss House, Laws, Thailand, Shrine, Religious
Case Analysis of West Bengal V. Union of India [1964] 1 SCR 371
The researcher aims to study the usage of comparative law in the context of federalist principles in the instant case. Reliance has been placed primarily on secondary materials that include but are not limited to commentaries, journal articles, official proceedings, treatises and textbooks. The scope of the project is restricted to a doctrinal study of the usage of comparative law on constitutional federalism in the instant case and its consequences for the ultimate finding in the majority and the minority opinions. Considering the off-the-wall nature of the issue before the court and the socio-political background of the time, the research attempts to understand the judicial approach towards comparative constitutional law in the instant case. Further, the researcher endeavours to examine whether the judicial excursion into federalist principles of foreign constitutions of certain commonwealth countries with a richer tradition was a mere digression or a useful exercise in light of the final pronouncement.
Constitution of India, Federalism, Comparative Law, Schedule Vii, Article 246, List III, Subba Rao.
Article 35A: Its Existence and Controversies
Article 35A of our Indian Constitution is one of the most debatable articles. It always remains surrounded by controversies. Article 35A gives the special rights to the Jammu and Kashmir’s permanent residents while denying certain rights to people from outside the state. Thus, this issue becomes the main matter of concern for many. So, in order to understand its intricacies a detailed evaluation of Article 35A becomes important. Hence, this research paper would primarily focus on the provisions of Article 35A and its related controversies.
Article 35A, Rights, Jammu and Kashmir, Controversies, Provisions
The present Article is an attempt to analyze the scheme of Separation of Powers as envisaged under the Indian Constitution and the difficulties faced by the three wings of the government in practice while implementing the provisions of the Constitution in letter and spirit. The author also draws a comparative analysis with the American Constitution scheme of Separation of Powers. Throughout the course of the paper various foreign and Indian cases have been discussed wherein the Courts have recognized that there is no clear straitjacket formula to determine separation of powers. Given the complexity of the democracies all over the world, overlap in jurisdiction is bound to arise. However, each wing of the government must keep an internal check to ensure they do not end up violating the rights of the people. The Hon’ble Supreme Court of India has recognized that Separation of Powers is a part of the basic structure of the Indian Constitution. It is in this context, that the author felt the need to examine the „Constitutional Plan and Practice with respect to Separation of Powers in India?.
Executive, Indian Constitution, Judiciary, Legislature, Separation of Powers
Freedom of Speech and Right to Privacy in the Light of Judgement of Justice KS Puttaswamy (Retired) versus Union of India and Others
In this article, we critically review the freedom of expression-related legislation and its role in protection of right to privacy in India. We first focus on the Constitutional provisions that are available for securing the freedom of speech and expression on various levels along with various other constituents affecting and restricting the right to free speech and law enactments available for more efficient expansion of expression. Then, we explain how these laws effect can feed back in the construction of a contemporary framework to appropriately use modern expression tools for challenges related with the recognition of right to privacy as an independent enforceable fundamental right in the light of landmark judgment in the case of Justice KS Puttaswamy (Retired) vs. Union of India & Others [1], and ensure that everyone, everywhere in the country shall have the equal opportunity to enjoy their fundamental right of free speech and privacy without facing any challenges.
Freedom of speech laws, Right to expression, Right to privacy, Free speech and privacy in India, Constitutional provisions for right to privacy and freedom of expression
Copyright (c) 2018 Journal of Constitutional Law and Jurisprudence
An Analytical Study of Disability Laws in India vis-à-vis UNCRPD (Disability Laws in India): A Jurisprudential Overview
Disability is a complex issue which is understood and interpreted by different people in very different ways. In most of the societies, a person with physical or intellectual anomalies has been assumed to be inferior, by the very nature of his condition. Therefore, disabled people are subject to varied forms of discriminations, which infringe their human as well as fundamental rights. Indian legislature has taken steps to provide equal opportunities to persons with disabilities by enactment of laws and implementing various policies and schemes for empowerment of persons with disabilities. Indian Constitution guarantees equal rights to every citizen. India is one of the first signatories to UN Convention on the Rights of Persons with Disabilities, which gives a framework to change attitudes and approaches to persons with disabilities. Hence, the rights as well as laws of disabled persons are subject to various perspectives including human rights and other laws in India, which mitigate the gap between the abled and differently abled persons in order to attain their dignity in true sense in the society. In this research paper, the researchers attempt to lay down emphasis on various legal provisions related to the rights of disabled persons in India and make an analytical study as to how these laws contribute towards the legal status of the disabled persons in India. This research paper also tries to make a study of contribution of judiciary in shaping disability laws in India.
Disability, Impairment, Social model, Medical model, Human rights model, Census, Person with disabilities, UNCRPD
ARTICLE 142: A NEED FOR JUDICIAL RESTRAINT
This research paper attempts to focus on the ?Extraordinary Powers? of the Supreme Court.How it was being used to help the deceased person in those cases where the present existing statutory provisions were inefficient to tackle it but there were several instances in which the court misutilised its power conferred by Article 142 and hence a need for the restraint of this judicial power was felt.This research paper also attempts to give some suggestive measures so as to maintain the balance between the powers conferred to the court by virtue of Article 142 and present existing statutory laws.Various recent case laws pertinent to the topic has also been referred and discussed in detail for better understanding of the main objective of the paper.
Extraordinary Powers, case laws, suggestive measures, Article 142, provisions, judicial
The Changing Dimensions of Legal Education System and Its Challenges in India
Creating legal professionals whose training matches the best in the world is an immediate need for a country that is growing by leaps and bounds. With growth and development comes the need to have legally trained professionals who can rise up to the new challenges posed by an ever-growing economy. On the other hand, legal professionals are also needed to advance the cause of social justice in the country. Although social justice was one of the goals of creating a new nation, the nation has still failed its destitute. It was with this experience that NLUs were set up in the country to groom lawyers as social engineers who would rise to the occasion and fill the gap of quality legal education in the country. However, largely there are many other interventions needed to improve the quality of legal research as well as practice in the country. The intervening jurisdiction of both the Bar Council of India as well as the University Grants Commission has also resulted in a lack of centralized planning and vision. Increasing grants for research, attracting well qualified faculty and setting up new research centers are some of the steps that could be taken in this direction.
Indian legal education, National Knowledge Commission, National Law Universities, Legal research, University Grants Commission, Bar Council of India
INDEPENDENCE OF JUDICIARY: AN EPITOME OF‘RULE OF LAW’ IN INDIA
The concept of rule of law primarily means that the state is governed, not by the ruler or the nominated representatives but by the rule of law. The Constitution of India is a prime example to be governed by the rule of law, where the constitution is the supreme law and all the pillars of the democracy i.e., legislature, executive and judiciary derive their authority from the constitution. Rule of plays a vital role in a democratic country like India, as the rule of law protects citizens from the arbitrary actions of the state and protect their basic rights. Indian Judiciary being recognized for its impartiality, independence, and justice-oriented approach played a significant role in maintaining rule of law in India, by protecting the rights of the citizens and upholding the constitutional values against the licentious actions of the executive and legislature. But today Independence of the judiciary is under attack with rising interference of the government in its working, the returning of Supreme Court Collegium advice for appointment of Judges by the government, which the government under the constitution has the duty to accept, is expositing stubborn and bellicose attitude of the government. Hence, the author of this article wants to expostulate the underlying importance of the judiciary in maintaining rule of law through the recent altercation between Judiciary and Government over the appointment of Judges in higher judiciary.
Constitution of India, Democracy, National Judicial Appointment Commission, Rule of Law, Supreme Court.
The Reason Behind The Degrading Education Quality Of India
It is rightly said that “Education is the most powerful weapon which you can use to change the world” so, to change the face of our country we need to change the education system by amending the reservation policy. The present reservation policy which was then formulated to up lift the minorities is infringing the Fundamental Rights of the citizens as the circumstances does not remain as then and at large minorities are misusing this policy. The country has reached at a stage where the minorities are capable to stand on equal footing with the general category students. Moreover, we need to understand that allotting seat merely on the basis of caste is degrading the quality of the education institution. If at all the policy cannot be repealed, then the reservation criteria needs to be changed in the sense that the percentage cut off must be increased or else the economically weak and meritorious students should reservation instead of getting the reservation on the basis of an individual’ s caste. The research was conducted in order to know the views of the students regarding the policy ways to change the present reservation policy with the help of open ended questionnaire. To which 95% students supported the notion that reservation policy needs to be amended. Therefore, this matter needs to be addressed as an urgent requirement of the hour and the present reservation policy needs to be changed so as to refine the education quality of our country.
Education, Reservation Policy, Minorities, Meritorious, Constitutional Amendment.
The core element of constitutional government is, of course, the existence of a "Rule-of Law" or set of “basic laws” that binds both public office-holders and all members of a society (i.e. citizens) within a given territory. Presently most states avail of a constitution, which directs the organization of the state, the relations between the public offices within the state, as well the human and civil rights of the individual. Constitutional governments, however, do not perform in the same manner everywhere. In this contribution, the following aspects are discussed comparatively: (a) The relationship between constitutional features and the existing state format; (b) The key institutions which define the type of government and the relationship between the executive and legislative; (c) The existing systems of "checks and balances" between governments, assemblies and Heads of State, as well as the role of the judiciary; (d) The actual performance of constitutional governance in terms of human and civil rights. Of course, these relations and practices of governance have been developing over time. It is also obvious that there is a strong tendency toward "liberal democracy" (in particular after 1991 when the USSR collapsed as a political system). It is equally clear that the state format, i.e. federal versus unitary states; decentralized versus centralized government, as well as the type of governance, varies considerably across the world of constitutional government. In this research paper first of all the researcher tries to define Constitution, Governance, Good Governance, elements of Good Governance in depth, then rule of law, Role of judiciary in good Governance,, rule of law and independence of judiciary,. The article also attempts to analyze the concept of constitutional governance, Judicial Governance. Judicial Activism’s role in constitutional governance.
Rule-of Law, Constitution, Governance, Good Governance, of Constitutional Governance, Judicial Governance, Checks and Balances, Convention, Judiciary, Executive, Legislature, Separation of powers, Comparative democratic theory.
STRUCTURAL REFORMS FOR OVERCOMING DELAYS IN JUSTICE DELIVERY
In India Judicial Delay is such a problem which is recognized in 20th Century only, but taking changes is yet to take place in 2017. Various committees have been set up in past for the recommendations to perform a judicial reform, various judgment has been propounded, various enactments have been take place but the situation of justice delivery system remains same in 2017 as it was in 20th Century. Indian judiciary system has been suffering from corruption. This paper emphatically analyses some strongest reformation on the Judicial system, which is based on the cardinal principles of fairness, transparency and Human Rights. These principles underlying criminal law, criminal justice system in India and it is utmost necessary to realize that it has failed in attainment of these objectives in reality. The reason in failing to satisfy the basic principles of justice system does not lie in its purposes or objects, but in proper handling and managing. The problem is embedded in the ineffective mechanism and apathetic officials entrusted with its implementation. The main problem before judicial system is delayed disposal of cases – ‘Justice delayed is denial of justice’ is basic principle of criminal law and based on concept of fairness in criminal trial. Paper has categorically mentioned several judicial and statutory mechanism regarding judicial delay and concern for speedy and fair trial. Speedy trial is essential in order to gain public confidence in criminal justice system. Researchers has paid due attention towards several facets of ADR and its application in Indian context. Researchers at several parts of paper have given analytical reviews based on case laws and decisions of federal courts and distinguished jurists. In State of Maharashtra v. Champalal Punjafishah the court observed that: “The right to speedy trial is implicit in the right to fair trial which has been held to be part of the right to the life and liberty guaranteed by Art. 21 of the Constitution of India, 1950. A delayed trial is necessarily an unfair trial if nothing is shown.” For coping the problem of criminality and crime waves it is desirable that guilty person should be punished without any delay. Apart from this interest of society, the question of life and death of accused lies and in addition to this the rights and interests of aggrieved person is no matter less important in criminal cases. For proper administration of justice and tackling the problem of criminality in the society, speedy disposal of cases are very crucial. In India, the right to speedy trial has now been recognized as fundamental right enshrined in Art. 21 of Constitution of India. Authors in this literature have paid much attention on practical facet of judicial administration as they have deliberated strongly with certain ideas like Judgeship Gap, Case Management, deregulating Legal Service Market etc
Fairness, Justice Denial, Aggrieved, Fundamental Right, Liberty, Fundamental Rights, Speedy Justice, Judicial Administration.
MINORS IN CONTRACT: AN ANALYSIS OF RULESRELATING TO MINORS IN INDIAN CONTRACT ACT, 1872
The Indian Constitution provides many rights to its citizens, as well as has pointed different duties to be performed by the citizens. A MINOR is a person who has not attained the age of majority according to the law to which he/she is subject. This age has been fixed differently by different legal systems at different times, and different ages may be fixed for different purposes by the same legal system at the same time. The Indian Constitution tries to resolve two conflicting positions of a minor due to his immaturity arising out of his age has to be protected against enforcing unconscionable contracts which he may be led to enter, but a minor like an adult has to have his existence in the world and, therefore, some protection has to be extended even to minor's agreements. Through this paper researcher will try to find out all the constitutional provision regarding the rulesof Minors in the Indian Contract Act, 1872.
Constitution of India, Minor, Judiciary, the Indian Contract Act, 1872.
Right to live with dignity is an important part of right to life and personal liberty. Apex court of India has recognised is many dimensions through various judgments. Recently on 9th March 2018, the Supreme Court gave legal sanctity to the living will and euthanasia for people suffering from terminal diseases and reduced to a permanent vegetative state, by ruling that every individual has the right to “die with dignity”. The object of this research shall be to analyze the right to live with dignity and to touch the various dimensions of the right. The research shall provide a brief overview of the right provided by Indian constitution and its various derivative rights derived by the judiciary.
Key Words: right, dignity, reputation, privacy, liberty etc.
Advisory Opinion of ICJ – an Alternative Dispute Settlement Mechanism under International Law
Alternative but efficient dispute settlement mechanism is conventional under the International Law. International Court of Justice, International Tribunal of the Law of the Sea, Permanent Court of Arbitration and other Arbitration tribunals are the most prominent institutions that facilitate dispute settlement in international law by providing for an inclusive alternative mechanism. ICJ has Advisory jurisdiction over questions submitted to the court under Article 65 of the ICJ Statue. It states that the court may give an advisory opinion on any legal question at the request of body authorized by or in accordance with the Charter of the United Nations. Alternative dispute resolution [ADR] mechanism is supported because it is cost effective, efficient and efficacious. The foundation of ADR is consensus of the parties to the procedure and outcome of the dispute settlement. Under International law, where lack of implementation always challenges the reality of international law, advisory jurisdiction of international courts ipso facto represent the reality of international law and dispute settlement of International law. This research paper aims at addressing the following questions- [1] Whether advisory opinion is an alternative dispute resolution mechanism? [2] Which international courts and tribunals have advisory opinion jurisdiction? What is the nature and scope of this jurisdiction in each court respectively? [3] What is the scope of advisory jurisdiction of ICJ? [4] What has been the role of ICJ in advisory opinions pronounced by it? [5] What role can the advisory jurisdiction of ICJ play in resolving dispute that may arise in the future?
Advisory Jurisdiction, ICJ, Alternative Dispute Resolution Mechanism.