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Substantive Equality As A Tool Of Transformative Constitutionalism: A Feminist Reinterpretation Of Constitutional Morality In Shaping Contemporary Indian Jurisprudence
Kishan Kumar Das, LL.M, Madhusudan Law University Deepika Palatasingh, LL.M, Madhusudan Law University ABSTRACT The Constitution of India was envisioned not merely as a treatise of governance, but as an emancipatory manifesto designed to dismantle deeply entrenched social hierarchies. However, traditional Indian jurisprudence has frequently defaulted to a paradigm of formal equality, often inadvertently perpetuating patriarchal and systemic inequities through ostensibly neutr
IJLLR Journal
Jun 21 min read
Doctrine Of Basic Structure: Evolution And Significance
Devika Saini, Gujarat National Law University, Gandhinagar ABSTRACT This article examines the significance of Basic structure doctrine as a key legal principle of Indian Constitutional law. It was originally established by the Hon’ble Supreme Court of India in the landmark judgment Kesavananda Bharati v. State of Kerala (1973), presided over by then Chief Justice of India S.M. Sikri, heading a 13-judge constitutional bench, which limited the legislature’s power to amend the C
IJLLR Journal
Jun 21 min read
Special Intensive Revision Of Electoral Rolls In India: Constitutional Foundations, Legal Controversies, And Democratic Implications
Divyanshu Krishna, B.A.LL.B., School of Legal Studies, Babu Banarasi Das University Neelank Rao, LL.M. (Corporate and Commercial Laws), School of Legal Studies, Babu Banarasi Das University ABSTRACT The Special Intensive Revision of electoral rolls is a recent and controversial exercise undertaken by the Election Commission of India (ECI) to cleanse and update voter lists through door‐to‐door verification, large‐scale deletions, and fresh inclusions. While the Commission clai
IJLLR Journal
Jun 21 min read
From Presumption Of Innocence To Presumption Of Guilt? A Comparative Study Of Bail Jurisprudence Under NDPS, PMLA, MCOCA And UAPA
Dnyaneshwari Satyen Hadawale, B.B.A. LL.B. (Hons), University of Mumbai Law Academy ABSTRACT The law of bail in India has historically been based on the fundamental premise that the accused is deemed to be innocent till he or she is proved guilty and that imprisonment prior to conviction should continue to remain an exception rather than the rule. This is because under Article 21 of the Constitution of India, the presumption of personal liberty ensures that the criminal trial
IJLLR Journal
Jun 21 min read
Freedom Of Speech And Expression As The Constitutional Basis Of The Right To Protest: A Comparative Global Analysis
Utkarsh Mishra, Law College Dehradun, Uttaranchal University Ms. Purnima Tyagi, Law College Dehradun, Uttaranchal University ABSTRACT One of the main pillars of democracy is the freedom of speech and expression, which guarantees people the right to actively participate in public conversation and to openly express themselves. The comparative analysis that follows looks at different approaches to defending this fundamental freedom in the UK, USA, and India. The United States Co
IJLLR Journal
Jun 21 min read
The Anti-Defection Regime In India: Balancing Stability And Dissent
Shatakshi Kumar, Law College Dehradun, Uttaranchal University Dr. Nikunj Singh Yadav, Assistant Professor, Law College Dehradun, Uttaranchal University ABSTRACT India’s anti-defection regime emerged to address several issues stemming from politically motivated opportunistic floor-crossing, executive 'horse-trading', and the collapse of parliamentary majorities. The Tenth Schedule of the Constitution (Fifty-second Amendment) Act, 1985, and further modifications by the Ninety-
IJLLR Journal
Jun 22 min read
Recognition And Enforcement Of Emergency Arbitrator Awards: India Vs Singapore
Shalini Prasad, LL.M., School of Law Justice & Governance, Gautam Buddha University, Greater Noida, U.P. Dr. Vikram Karuna, Assistant Professor, School of Law Justice & Governance, Gautam Buddha University, Greater Noida, U.P. ABSTRACT The function of emergency arbitration in modern dispute resolution procedures has been greatly expanded by the growing complexity and urgency of international commercial disputes. Before the arbitral tribunal is constituted, parties can quickly
IJLLR Journal
Jun 22 min read
Case Comment On State Of Bombay V. K.P. Krishnan & Ors.
Amisha Mehta, Symbiosis Law School, Nagpur, Symbiosis International University Case Title: State of Bombay v. K.P. Krishnan & Ors. Date of Judgement: 18-08-1960 Court: Supreme Court of India Quorum: Justice P. B. Gajendragadkar, B. P. Sinha, C.J. and J.L. Kapur, K. Subba Rao, and K. N. Wanchoo, JJ Citation: AIR 1960 SC 1223 Legal Provisions specified: Sections 10, 12 of the Industrial Disputes Act, 1947; Article 226 of the Constitution of India Subjects related to case: Admin
IJLLR Journal
Jun 22 min read
The Ghost In The Machine: Navigating The “Spiritual Sequel” In India’s IP Landscape
Ravinandini Singh Chauhan, The West Bengal National University of Juridical Sciences (NUJS) ABSTRACT The case of Eros International v. Aanand L. Rai over Tere Ishk Mein highlights the shortcomings of Indian intellectual property law in protecting the commercial identity of films based on aesthetic similarities, wherein filmmakers create spiritual sequels to an older film without reproducing its characters or storyline. This is because of the inadequacies of the current framew
IJLLR Journal
Jun 21 min read
Right To Privacy In The Age Of Biometric Technologies In India
Evania Irene, Tamil Nadu Dr. Ambedkar Law University, Chennai ABSTRACT The increasing use of biometric technologies in India, including facial recognition systems, fingerprint authentication and Aadhar based identification, has significantly altered the relationship between the State and individual privacy. While these technologies promise efficiency, security, and improved governance, they also create serious concerns regarding surveillance, data protection and potential mis
IJLLR Journal
Jun 21 min read
Mental Health Rights In India: A Socio-Legal Analysis Of The Mental Healthcare Act, 2017 And Contemporary Challenges
Rakesh Singh, Research Scholar, Faculty of Law, Bhagwant University, Ajmer, Rajasthan ORCID ID: 0009-0007-3053-5435 Dr. Antima Baldwa, Assistant Professor, Faculty of Law, Bhagwant University, Ajmer, Rajasthan ABSTRACT Mental health has emerged as a major socio-legal and public health concern in modern India due to the rapid rise in depression, anxiety, stress disorders, substance abuse and suicide among various sections of society. Social transformation, urbanization, unempl
IJLLR Journal
Jun 22 min read
Labour Protection Measures And Social Security For Women In The Unorganized Workforce
Prachi Jaiswal, National University of Juridical Sciences (NUJS) ABSTRACT This paper examines the precarious condition of workers in India’s unorganised sector, which constitutes more than 92% of the country’s workforce yet remains largely excluded from labour law protections and social security benefits. It highlights the structural vulnerabilities faced by unorganised workers, particularly women employed in the construction industry, who experience low wages, job insecurity
IJLLR Journal
Jun 21 min read
Data Sovereignty In A Borderless Blockchain Era: Reconciling Privacy Regimes With Decentralised Governance Principles
Raja Lakshmi R, Amity University, Bengaluru ABSTRACT The classical structures of data sovereignty based on the identifiable nature of those who exercise authority, as well as the accountability hierarchical framework, are essentially incompatible with the borderless blockchain design that decentrally spreads authority algorithmically across permissionless networks. This paper exposes structural deficiencies by comparing and contrasting Estonia with its KSI-grounded e-Residenc
IJLLR Journal
Jun 22 min read
Child Protection In India: A Critical Evaluation Of Legal Frameworks Addressing Crimes And Violence Against Children
Khushi Pandey, Amity Law School, Amity University, Madhya Pradesh ABSTRACT The protection of children from crimes, exploitation, and violence constitutes one of the most pressing imperatives of contemporary Indian jurisprudence. This research paper undertakes a comprehensive and critical evaluation of the legal frameworks in India designed to address crimes and violence against children, tracing their development from pre-independence legislative antecedents to the sophistica
IJLLR Journal
Jun 21 min read
The Digital Right To Repair: Balancing Innovation And Consumer Autonomy In The Era Of Smart Infrastructure And AI Governance
Anant Agarwal, Law College Dehradun, Uttaranchal University Ashutosh Mishra, Law College Dehradun, Uttaranchal University ABSTRACT The right to repair - the argument that consumers should have the opportunity to repair, improve and maintain their purchased products without having to resort to the original equipment manufacturer (OEM) - is now in a new and much more complex stage with the rise of software-dependent electronic devices, AI-infused systems, and digital infrastruc
IJLLR Journal
Jun 21 min read
From Criminal Sanctions To Civil Penalties: Assessing The Efficacy Of The Adjudication Mechanism In The Biological Diversity (Amendment) Act, 2023
Arun, Research Scholar at Bennett University (Times Now Group), Greater Noida, U.P. ABSTRACT The Biological Diversity (Amendment) Act 2023 represents a paradigm shift in India's environmental governance framework, shifting from criminal penalties to civil penalties, and implementing an adjudication-based system of environmental enforcement. This is a legislative shift that is a part of a global trend towards decriminalisation and regulatory streamlining, which is often linked
IJLLR Journal
Jun 21 min read
AI And Copyright: An Analysis
Kantika Tiwari, B.A. LL.B. (Hons), Amity Law School, AUMP ABSTRACT In the digital era, artificial intelligence (AI), as a revolutionary force, has dramatically changed how artistic production is produced, distributed, and owned. The intricate connection between copyright law and artificial intelligence is explored in this research, with a particular emphasis on the difficulties that AI-created material presents to current legal structures. The study explores whether artificia
IJLLR Journal
May 312 min read
“Advertising At The Edge”: Ethical And Legal Regulations Of Women, Children, And Public Morality In Indian Media Law
Divya Dhar, Symbiosis Law School, Pune INTRODUCTION The Indian advertising market with a valuation of 70,000 crores (2024) is at the nexus of commercial expression, moral duty and constitutional safeguarding of the vulnerable groups. The regulatory framework of India, including the Cable Television Networks (Regulation) Act,1995, the Advertising Standards Council of India (ASCI) Guidelines (2018), the Indecent Representation of Women (Prohibition) Act,1986, the Consumer Prote
IJLLR Journal
May 312 min read
The Bar And Bench Relationship: How The Bar Protects The Bench And How The Bench Protects Democracy In India
Aaryan Bansal & Prachi Sharma, B.A. LL.B., Vivekananda Institute of Professional Studies – TC, New Delhi, Affiliated to GGSIP University. ABSTRACT The relationship between the Bar and the Bench in India occupies a unique and often underappreciated place in the country's constitutional order. This paper examines that relationship across three broad dimensions: its constitutional foundations, the Bar's role in protecting judicial independence, and the judiciary's role in sustai
IJLLR Journal
May 311 min read
The Social And Legal Consequences Of False Domestic Violence Allegations: Understanding The Impact On Genuine Victims And The Justice System
Pooja, School of Law, CT University Dr. Cheena Abrol, School of Law, CT University ABSTRACT The Indian legal system with its domestic violence laws namely Protection of Women from Domestic Violence Act, 2005 and Section 84 of the Bharatiya Nyaya Sanhita 2023 has created a refuge for women suffering from gender-based violence in the form of domestic violence. More importantly, these specific legal measures have not only improved the situation in terms of women's legal protecti
IJLLR Journal
May 312 min read
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