Sayantani Ray, Assistant Professor, School of Law, Chettinad Academy of Research and Education Saumya Raj, Assistant Professor, KLE Society’s Law College ABSTRACT The doctrine of “modicum of creativity” occupies a pivotal yet often under- theorised position within copyright jurisprudence, functioning as the minimum threshold for determining the protectability of creative works. Rooted in the broader requirement of originality, the doctrine seeks to balance the twin objectives

Manish Kumar, Research Scholar, School of Law, Bennett University, Greater Noida ABSTRACT The landmark judgement of Justice KS Puttaswamy (Retd) v Union of India (2017) by the honourable Supreme Court of India has revamped the constitutional jurisprudence in the country by elevating the right to privacy to a fundamental right guaranteed under Part III of the Indian Constitution. However, the rapid growth of digital surveillance, strengthen by the Information Technology Act 20

Anshika Parashar, Law Centre II, University of Delhi ABSTRACT The bedrock of Indian democracy is the promise of personal liberty under Article 21. However, this promise is increasingly strained by the "necessary evil" of preventive detention. Preventive detention constitutes one of the most drastic departures from the constitutional guarantee of personal liberty in India. Although the Constitution explicitly permits preventive detention under Article 22, such power was intend

Dr. Nair Swathy Balasarswathi, Assistant Professor cum Moot Trainer, Kerala Law Academy Law College, Trivandrum, Kerala No man is infallible; misdeeds can happen at any time, glorification of the same for the endurance is a palm off to the State, it is the white knight not the punctilious parent... ABSTRACT The Act aims to bring about robustness in the investigation process by using new world technologies to help the courts in deciding the guilt of the accused and thereby inc

Saksham Goyal, University School of Law and Legal Studies (USLLS), New Delhi ABSTRACT This essay re-evaluates India's long-standing Reservation policy, arguing that the time has come for a constitutional re-evaluation to balance the original mandate of substantive equality with contemporary challenges. This essay reevaluates by highlighting the shift in modern challenges, including economic disparities that are beyond caste, and increased demands from non- reserved communitie

Vishal Narayanan V, BBA LLB, Symbiosis Law School, Hyderabad CITATION: 1994-2-LW(Crl) 680 BENCH: P.S. Mishra and Shivaraj V. Patil, JJ JUDGEMENT: 1 August 1984 INTRODUCTION: The case helped establish legal precedents with regards to custodial accountability, rights vested with the detainees and the proper understanding and interpretation of Article 14 and 21 of the Indian Constitution which is ‘equality before the law’ and ‘protection of life and personal liberty’. The case r

Pushkar Santosh Bapatla, Gujarat National Law University, Gandhinagar, Gujarat Asmi Shah, Symbiosis Law School, Pune, Maharashtra ABSTRACT Section 89 of the Code of Civil Procedure, 1908, was introduced to alleviate India’s judicial backlog by integrating Alternative Dispute Resolution (ADR) into the formal legal system. However, this article argues that the provision is fundamentally flawed due to structural inconsistencies and drafting errors, such as the "definitional chao

Akhilesh Kakade, Legal Associate, Great Mission Group Consultancy, Pune ABSTRACT The paper argues that while the international human rights treaties are normatively influential, they do not in India independently create enforceable rights in India without the process of legislative incorporation. Against the background of (formally) dualist constitutional structure of India, it argues that Articles 51(c) and 253 affirm the primacy of Parliament as the vital organ of law makin

Sachin S, LLM, School of Law, Christ (Deemed To Be University), Bangalore ABTRACT The pharmaceutical industry stands at a key position in terms of protecting the health of the population, and at the same time, this industry is based on the need to use the protection of intellectual property to promote innovation and recover research and development costs. Patent and trade secrets are the two of the most important mechanisms that can be applied in the context of the pharmaceut

Darshana Nath, Research scholar, Department of Juridical Studies, Mahapurusha Srimantra Sankaradeva Vishwavidyalaya, Guwahati Unit* Dr. Divakar Sharma, Assistant Professor and Research Guide, Department of Juridical Studies, Mahapurusha Srimantra Sankaradeva Vishwavidyalaya, Guwahati Unit ** ABSTRACT North-East India represents a mosaic of indigenous communities whose identities are shaped by distinctive histories, cultures, and normative systems. Among them, the Tiwa (earlie

Deepanshu Chauhan, LL.M., SRM University, Delhi NCR. Dr Shalini Saxena, Associate Professor at SRM University, Delhi NCR. ABSTRACT Preventive Detention represents one of the most contentious powers vested in the most controversial powers vested in the state, as it authorises deprivation of personal liberty without trial. Unlike punitive detention, which follows the commission of an offence, preventive detention is based on the anticipation of future conduct. In India, prevent

Malkar Chowdary Bhargavi, Advocate, Ananthapuramu, Andhra Pradesh ABSTRACT Corporate Social Responsibility (CSR) in India has evolved from voluntary philanthropy to a statutory obligation under the Companies Act, 2013, requiring certain corporations to spend at least 2% of their average net profits on specified social development activities. This article examines CSR as an instrument of transformative constitutionalism — the use of constitutional principles to engender deep s

Gouri Krishna P K, LLM (Intellectual Property Rights and Trade Law), School of Law, CHRIST (Deemed to be University), Bengaluru Prof. Dr. Valarmathi. R, School of Law, CHRIST (Deemed to be University), Bengaluru ABSTRACT The introduction of commercialization in the outer space has created a lot of legal confusion regarding regulation of intellectual property rights outside the earth. The international space law, specifically the Outer Space Treaty of 1967, has been conceived

Tanushvi Singh, Amity Law School, Noida INTRODUCTION The framework of the Indian legal system has witnessed friction between the two statutes enacted to serve competing purposes. On one side, there is Prevention of Money Laundering Act, 2002 (“PMLA”) which is a statute enacted to combat economic offences and prevent money laundering by enabling Enforcement Directorate (“ED”) to confiscate/ attach assets which are believed to be involved in money laundering as covered under th

Brite Rose Rayma A, REVA University, Bangalore Osia Varghese, REVA University, Bangalore Chaithrashree KB, REVA University, Bangalore ABSTRACT Workplace harassment remains a persistent challenge across industries, impacting employee well-being, productivity, and organizational culture. While legal frameworks exist to address harassment, gaps in implementation often limit their effectiveness. This article examines the evolution of legal responses to workplace harassment, highl

Anika Ballal, Symbiosis Law School, Pune Sannidhi Sawant, Symbiosis Law School, Pune ABSTRACT The modern knowledge-based economy has witnessed the worth of a corporation being derived mainly in terms of its intangible assets, where trademarks and goodwill have become the prime movers behind merger and acquisition (M&A) policies. This article discusses merger and acquisition's intangible assets in the Indian context within the framework of legal and commercial environments. Co

Brahmpreet Singh, O.P Jindal Global University Part I Introduction and Background Arbitration has emerged as the main tool of settling transnational business disputes. Its legitimacy is based on party autonomy and enforceability, which are essential in energy and infrastructure contracts where investment and sovereign regulation overlap. The Arbitration and Conciliation Act 1996 of India was adopted to bring the local legislation into par with the UNCITRAL Model Law 1985 and

Ms. Priyamvada Bhargava , Research Scholar – JLU School of Law, Jagran Lakecity University, Bhopal Dr. Sachin Rastogi , Dean & Professor – JLU School of Law, Jagran Lakecity University, Bhopal ABSTRACT The introduction of the Bharatiya Nyaya Sanhita, 2023 (BNS) represents a significant departure from colonial penal legislation. However, this essay contends that its handling of sexual exploitation and trafficking reveals a continuance of carceral logic, especially in its effec

Sharvari Sorte , MIT-WPU CHAPTER 1 : BACKGROUND AND CONTEXT 1.1 Introduction The phenomenon of mass incarceration is becoming a rapid issue within the global criminal justice system. This has raised concerns about aspects such as human rights, social justice and the role of prisons in shaping the modern society. This concept first originated in the United States where rates of incarceration are among one of the highest in the world. Nevertheless India too is facing such chall

Bhakti Savith Salian, BA.LLB (Hons.), Chettinad School of Law R.A Rohith, BBA.LLB (Hons.), Chettinad School of Law ABSTRACT A modern democracy premised upon the principle of the rule of law entrusts the administrative authorities with broad discretionary powers to operationalise statutory objectives and to administer public duties. However, when the administrative bodies fail or refuse to act on an obligation, then such inaction and discretion would be amenable to judicial re

Aditi Singh, Faculty of Law, Jai Narain Vyas University Tanveer Khan, Faculty of Law l, Jai Narain Vyas University I. Introduction The Aravalli Range, one of the world's oldest geological formations, acts as the primary ecological sentinel for Northwest India. Extending approximately 692 kilometres from Gujarat to Delhi, it serves as a formidable natural bulwark, curbing the eastward expansion of the Thar Desert and mitigating the impact of dust storms on the Indo-Gangetic pl

Prrisha Jain, Jindal Global Law School First most, when we think of sexism, what do we mean? One might typically say gender based discrimination that pertains in our society but is it just that? Sexism is something that does not just exist in a particular society, but throughout all societies and all over the world and its effect has been felt over years and years. Particularly in India, sexism persists at its peak due to intersections of caste, class and patriarchy. The Colo

Naina Kushwaha, Ph.D. Scholar, School of Law, GD Goenka University ABSTRACT Trademark law primarily protects signs that help consumers identify the source of goods and services. Traditionally, this protection has focused on visually perceptible marks such as words, logos, and symbols. However, contemporary branding practices increasingly rely on non-visual elements including sound, shape, scent, and motion to distinguish products and services in the marketplace. These develop

Supriyo Acharya, Lecturer, Department of Zoology, Seth Anandram Jaipuria College, Kolkata. Banalata Das, Lecturer, Department of Commerce, Seth Anandram Jaipuria College, Kolkata. Debaleena Dutta, Lecturer, Department of Commerce, Seth Anandram Jaipuria College, Kolkata. Biswadeb Banerjee, Lecturer, Department of Statistics, Seth Anandram Jaipuria College, Kolkata. ABSTRACT Smoking is one of the most significant avoidable causes of morbidity and premature death in the world,