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From Constitutional Remedy To Political Weapon: A Critical Study Of Article 356 In The Indian Constitution
Ngahnunhoi Haokip, Christ University Lavasa, Pune ABSTRACT Article 356 of the Constitution of India is a special constitutional mechanism in place to counter cases when the working of the governance of a State cannot be conducted in accordance with the constitutional provisions. Although this was originally meant to be a remarkable protection to ensure federal integrity, democratic governance and national unity, its implementation has elicited a lot of controversy. This paper
IJLLR Journal
Apr 272 min read
Law In Action In A Time Of Crisis: A Legal Realist Analysis Of Fundamental Rights Adjudication By Indian Courts During The Covid-19 Pandemic
Payal Rajendra Chavhan, KES Shri Jayantilal H Patel Law College, Mumbai Zuber Shahezad Khan, Adv. Balasaheb Apte College of Law, Mumbai ABSTRACT The COVID-19 pandemic placed India's constitutional architecture under extraordinary stress, triggering executive orders, emergency legislation, and judicial proceedings that brought state power and fundamental rights into direct conflict. This paper applies the lens of American Legal Realism, drawing on Holmes' Bad Man Theory and pr
IJLLR Journal
Apr 271 min read
Women And Personal Laws In India: A Constitutional Study Of Gender Justice And Social Transformation
Aleena Henry, LLM (Criminal Law), Bharata Mata School of Legal Studies, Aluva Laxmi Priyaa N.P., LLM (Commercial Law), Bharata Mata School of Legal Studies, Aluva ABSTRACT In a pluralistic society such as India, personal laws regulating marriage, divorce, maintenance, guardianship, adoption, and succession occupy a distinctive and complex nexus at the confluence of religion, culture, and constitutionalism. Though historically enshrined to safeguard religious autonomy and cult
IJLLR Journal
Apr 271 min read
AI-Generated Works: Authorship, Ownership, And Constitutional Recognition: A Comparative Study Of The EU, US, And India
Prachi Garg, National Law University, Delhi CHAPTER 01- INTRODUCTION: The way the world views creativity and invention has changed as a result of the development of artificial intelligence. Today, machines are capable of creating paintings, poetry, music, and even inventions that previously required human creativity. The conventional wisdom that authorship and ownership in intellectual property law belong exclusively to humans is being challenged by this quick change. The leg
IJLLR Journal
Apr 272 min read
Striking Equilibrium: The Evolution Of Environmental Justice In Indian Jurisprudence
Priyal, Research Scholar, Department of Laws, University of Jammu ABSTRACT The concept of development, encompassing progress has long been intertwined with India’s discourse on environmental concerns. Despite being a common heritage, the environment has suffered significant degradation and ecological imbalances in the pursuit of development, particularly exacerbated since India’s shift from planned economy to a market economy. Despite legislative efforts and judicial interven
IJLLR Journal
Apr 271 min read
Cross-Border Data Privacy And Justice: Reconciling National Laws With Global Digital Realities
Charu Singh, IILM, Greater Noida ABSTRACT The globalization of digital technologies has transformed personal data into a fluid, borderless resource, challenging the traditional jurisdictional boundaries of national legal systems. While states continue to regulate privacy through territorially grounded frameworks such as the GDPR, CCPA, and India’s DPDP Act, the inherently transnational movement of data generates legal conflicts, regulatory uncertainty, and uneven levels of ri
IJLLR Journal
Apr 271 min read
Trademark Dilution In India: Rethinking The “Well Known Marks” Protection In The Context Of Global Trade
Jayanthan V.T.S., School of Law, SASTRA Deemed to be University, Thanjavur, India. ABSTRACT India’s Trade Marks Act, 1999 formally introduced protection for well known trade marks, granting broad rights to famous brands beyond their registered classes. This paper examines how “well known marks” are defined and protected under Indian law (notably sec 2(1)(zg),sec 11–12, 29), and how courts have interpreted these provisions (e.g. Whirlpool, ITC v. Punchgini). We analyze the con
IJLLR Journal
Apr 271 min read
Protective Approach In Criminology: Addressing Bootlegging, Drug Abuse And Environmental Pollution As Social Crimes
Farhana Banu, The Central Law College Salem ABSTRACT Criminology has increasingly shifted from a punitive framework to a more humane and reform-oriented perspective known as the protective approach. The approach emphasizes prevention, rehabilitation, and social welfare rather than mere punishment. The present study examines criminal activities such as bootlegging, drug abuse, and environmental pollution as manifestations of deeper social, economic, and structural problems rat
IJLLR Journal
Apr 271 min read
Restorative Justice And Recidivism: Evidence From India And Global Perspectives
Somya Suman, Gittaratan International Business School, GGSIPU Dr. Nidhi Sharma, Gitarattan International Business School, GGSIPU ABSTRACT Criminal justice systems worldwide are increasingly questioning whether punishment alone can break cycles of reoffending. Restorative justice (RJ) responds to this concern by shifting focus toward healing and bringing victims, offenders, and communities together to address harm in ways that conventional courts rarely achieve. This paper exp
IJLLR Journal
Apr 271 min read
Role Of International Bodies In Providing Protection To Minorities And Their Effectiveness In Addressing Violations Committed Against Them
Mohammed Raad Majeed, Al-Furat Al-Awsat Technical University, Kufa Technical Institute ABSTRACT This study will look at how minority rights are protected under International Law with regard to the role played by international institutions, both affiliated with the United Nations and regional organisations, in safeguarding these rights. The study concludes that increased attention to minority rights at the international level occurred due to the increased numbers of minorities
IJLLR Journal
Apr 271 min read
Artificial Intelligence In Legal Systems: Judicial Application, Ethical Dilemmas, And The Pursuit Of Regulatory Certainty
Aarsh Dwivedi, BALLB (Hons.), Christ University, Pune, Lavasa ABSTRACT The paper will look upon the development, adoption, and governance of Artificial Intelligence (AI) within international laws with a special focus on how it has become a transformative technology in aiding to the efficiency, uniformity, and access to justice through legal courts. It focuses on the judiciary in India and uses comparative examples of the jurisdictions in the United States, the European Union,
IJLLR Journal
Apr 272 min read
Transitioning Property Registration In India: A Comparative And Stakeholder-Centric Analysis Of The Registration Bill, 2025 Vis-À-Vis The Registration Act, 1908
Sameera Khan, LLB (Hons.), Amity Law School, Noida Dr. Trapti Varshney, Assistant Professor, Amity Law School, Noida ABSTRACT The legal framework governing property registration in India continues to be anchored in the Registration Act, 1908, a statute designed for a vastly different socio-economic and administrative context. While the Act has historically served as a mechanism for recording transactions and providing evidentiary value, its reliance on manual processes, fragm
IJLLR Journal
Apr 251 min read
Cross-Border Data Flows And The Question Of Digital Sovereignty: A Legal Analysis
Abha Katiyar, ABVSLS, Chhatrapati Sahu Ji Maharaj University Theme: Data Protection, Privacy and Digital Sovereignty Dr. Divyansh Shukla, Research Scholar, ABVSLS, Chhatrapati Sahu Ji Maharaj University Theme: Data Protection, Privacy and Digital Sovereignty ABSTRACT In the faster than ever developing economy and world, which is skyrocketing towards the digital world. The cloud market in India is expected to reach a projected revenue of US$ 76,385.7 million by 2030 and India
IJLLR Journal
Apr 252 min read
The Legal Fiction: Corporate Criminal Liability In India From Bhopal To The Bharatiya Nyaya Sanhita 2023
Fatima Faridi, LLB (Hons.), Amity Law School, Noida ABSTRACT Corporate criminal liability in India has evolved not by legislative design but through a reactive arc stretching from the industrial catastrophe of 1984 to the criminal law reforms of 2023. This article traces that evolution through three doctrinal phases: an era of strict civil liability coexisting with effective corporate criminal immunity; a period of judicial revolution in which the Supreme Court adopted the id
IJLLR Journal
Apr 251 min read
Corporate Criminal Liability, Mens Rea, And The Doctrine Of Attribution In India After Iridium India Telecom Ltd. V. Motorola Inc.
Amar Bahadur Yadav, Gujarat National Law University, Gandhinagar ABSTRACT Whether an artificial legal person, a corporation, which has neither a soul nor physical body, can be criminally liable to commit a crime with a guilty mind has been a long-standing issue in courts in common law jurisdictions. In India, the case Iridium India Telecom Ltd. v. Motorola Inc (2011) provided a landmark ruling by the Supreme Court that clarifies the underlying inquiry: corporations are subjec
IJLLR Journal
Apr 252 min read
Legal Protection For Women In The Gig Economy
Anushka Goyal & Vedika Agrawal ABSTRACT The rapid expansion of the gig economy has fundamentally transformed traditional employment structures by introducing flexible, platforms- based work arrangements that rely on independent contractors rather than formal employer-employee’s relationships. While this shift has created new income- generating opportunities, especially for women seeking flexible schedules, it has also exposed them to significant legal, social and economic vul
IJLLR Journal
Apr 252 min read
Legislative Continuity Or Disguised Reform? Deconstructing The Transition From Sedition Under Section 124a IPC To Acts Endangering Sovereignty Under Section 152 BNS
Sneha Singh, Maharaja Agrasen Institute of Management Studies, Rohini ABSTRACT The Bharatiya Nyaya Sanhita, 2023 (BNS) brought a major change to India’s criminal justice system. It replaced the colonial-era Indian Penal Code, 1860 (IPC) with a new legal framework. At the center of this change is the transformation of the controversial sedition clause, Section 124A IPC, into the newly defined Section 152 BNS. This new section makes it a crime to commit “acts endangering sovere
IJLLR Journal
Apr 251 min read
Balancing Freedom Of Speech With Reasonable Restrictions Under Article 19(1)(A) In Media Law
Mahi Sharma, MIT WPU, Pune ABSTRACT Freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution of India is one of the most essential components of India's democracy. This constitutional right not only guarantees the freedom of expression at large but also enables the people to raise their voices and to interact with the government officials more freely. Moreover, a system of media, which is regarded as the fourth estate, is the main channel of the
IJLLR Journal
Apr 252 min read
Algorithmic Artistry: Reconciling Generative AI, Authorship, And Copyright In The Indian Music Industry
Chelsy Mehta, National Law Institute University, Bhopal ABSTRACT This paper dives into the tough questions generative artificial intelligence(AI) raises for India’s copyright system, particularly in music. It contends that the Copyright Act of 1957, rooted in human notions of ‘author’ and ‘originality’, falls short when dealing with AI-created tunes. By examining key legal clauses, Indian rulings like the RAGHAV mess and the unfolding ANI v OpenAI battle, plus lessons from ab
IJLLR Journal
Apr 251 min read
Artificial Intelligence And The Future Of Intellectual Property Rights
Deepanshu Soral, Jagannath University, Jaipur Dr. Suman Paliwal, Jagannath University, Jaipur ABSTRACT Artificial Intelligence (AI) is rapidly transforming the landscape of creativity, innovation, and knowledge production. Unlike traditional technologies, contemporary AI systems are capable of autonomously generating artistic, literary, and technical outputs, some of which may qualify for intellectual property protection. This development raises fundamental concerns regarding
IJLLR Journal
Apr 251 min read
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