Category: Blog

Mr. Ayush Mudgal & Dr. Shashank Chaturvedi

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Abstract

Judicial activism is often celebrated as a doctrine of affirmative jurisprudence, while judicial overreach represents its distortion. Both India and the United States of America (U.S.)—constitutional democracies rooted in divergent political philosophies—have grappled with defining the boundary between legitimate interpretation and judicial legislation. This paper undertakes a comparative study of judicial activism and overreach in India and the U.S., tracing their historical trajectories, constitutional foundations, and landmark case law. It argues that Indian courts, influenced by welfare-state commitments, have exercised activism expansively to fill legislative and executive gaps, whereas the U.S. Supreme Court has primarily deployed activism to protect civil liberties and minority rights within a strict separation of powers framework. By offering a comparative synthesis, the paper highlights convergences, divergences, and lessons that each system may draw from the other, ultimately stressing the need for proportionality between judicial activism and restraint.

Keywords

Judicial Activism, Judicial Overreach, India & United States, Constitutional Supremacy, Parliamentary Sovereignty, Separation of Powers, Welfare Jurisprudence

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Ms. Reva Gupta & Dr. Mudassir Nazir
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Financial crimes, especially money laundering and the escape of economic offenders, are ongoing problems for national economies and the global financial system. This study examines and compares the laws and institutional responses of India and Australia. It focuses on India’s Fugitive Economic Offenders Act (FEOA), 2018, and Australia’s Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) Act, 2006. Through a qualitative comparison of legal provisions, enforcement methods, and cooperative frameworks, the research highlights the different ideas behind the two systems. India focuses on deterrence and asset seizure, while Australia uses a preventive, compliance-driven model. Although both systems meet Financial Action Task Force (FATF) standards and emphasize international cooperation, differences in institutional independence, legal protections, and technology use greatly affect enforcement results. The paper ends with suggestions for improving India’s framework. It recommends a hybrid approach that keeps its deterrent focus while adding preventive measures taken from Australia’s model.

Keywords

Fugitive Offenders, Money Laundering Prevention, Asset Confiscation, Financial Regulation, Transnational Crime, Compliance Systems, And Financial Intelligence Units.

Mr. Saurabh Tiwari
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Abstract

This paper will critically examine India’s journey in integrating the ICCPR (International Covenant on Civil and Political Rights), which came into force on 23 March 1976, into its domestic framework, navigating the intersection of international legal regimes and local jurisprudence. Drawing on an extensive literature review, analysis of primary legislation including the Indian Constitution and human rights statutes, and evaluations of UN Human Rights Committee reports, the study appraises both India’s commitments and the gaps in enforcing the ICCPR’s provisions. Although India’s formal ratification and constitutional guarantees have established a framework for civil and political rights, challenges persist in practice, as evidenced by issues such as arbitrary detention, constraints on freedom of expression, and systemic shortcomings in protecting vulnerable communities. By critically assessing the enforcement mechanisms, this work highlights the crucial role of institutions such as the National Human Rights Commission and international oversight by the UN, detailing how these actors strive to transform formal rights into effective safeguards. Ultimately, the paper argues that bridging the gap between international human rights obligations and domestic practice is essential for ensuring justice that is accessible, accountable, and available to all. The discussion concludes with policy recommendations aimed at reinforcing legal accountability and enhancing remedial measures, thus offering a pathway toward a more inclusive and responsive justice system in India.

Keywords

International Covenant on Civil and Political Rights (ICCPR), Human Rights in India, Access to Justice, Civil and Political Rights, National Human Rights Commission (NHRC), International Human Rights Law, Enforcement and Compliance Mechanisms

Mr. Saurabh Tiwari
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Abstract

This paper critically examines deception detection techniques (DDTs), i.e., polygraph tests, brain mapping, and narco-analysis by analyzing their scientific foundation and legal admissibility across jurisdictions. The research explores the historical evolution of forensic psychology, tracing developments in deception detection from traditional interrogation to modern neuroscience-based evaluations. It evaluates key forensic principles used in criminal trials and their evidentiary significance. The study employs a comparative legal methodology, examining admissibility frameworks in India, the USA, the UK, and Singapore, highlighting jurisdictional variations in forensic reliance. In India, landmark cases like Selvi v. State of Karnataka affirm that involuntary administration of DDTs violates fundamental rights under Articles 20(3) and 21 of the Constitution. In contrast, countries like the USA impose stringent scientific reliability standards, rejecting polygraph results as inadmissible. The UK and Singapore adopt a more case-specific approach, allowing forensic psychological tests under regulated procedural safeguards. Findings reveal ethical and constitutional challenges in forensic deception detection, questioning the credibility and voluntariness of confessions obtained through such techniques. The study identifies gaps in forensic regulation and calls for standardized protocols, judicial oversight, and enhanced forensic infrastructure. It recommends scientific validation of DDTs to improve legal applicability while balancing forensic innovation with privacy and self-incrimination rights. Ultimately, this research advocates judicial reform and interdisciplinary collaboration to optimize forensic psychology’s role in criminal investigations while ensuring compliance with human rights standards.

Keywords

Forensic Psychology, Deception Detection Techniques (DDTs), Narco-Analysis, Legal Admissibility of Evidence, Comparative Criminal Justice, Human Rights and Self-Incrimination, Judicial Oversight and Forensic Regulation

Ms. Mahek Rajnishkumar Bardiya
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Redrawing electoral boundaries to account for population shifts, or delimitation, is a constitutionally required procedure that is essential to guaranteeing fair representation in India’s democratic system. This process, which is carried out by the Delimitation Commission and is governed by Articles 82 and 170 of the Indian Constitution, has far-reaching effects that go beyond simple administrative changes. It has an impact on regional equity, the distribution of political power, and the representation of identity-based groups such as minorities, castes, and ethnic groups. This paper highlights the democratic significance and changing difficulties of India’s delimitation process by critically analyzing it via constitutional and historical lenses. It looks into how differences in representation have been exacerbated by demographic dynamics, political pressures, and the delimitation freeze that has existed since the 1971 census. The conflict between the political advantages that more populous northern regions may have after 2026 and the population control successes in southern states is given special attention. The research uses a qualitative approach, integrating case law, current policy assessments, and doctrinal examination of constitutional provisions. Along with comparative insights from global practices, it delves deeper into the role of GIS mapping and data analytics as instruments to enhance delimitation efficiency and fairness. The study makes the case for changing the delimitation framework using this multidisciplinary approach in order to improve regional justice, technology integration, and transparency. In order to guarantee accountability, it suggests enhancing the Delimitation Commission’s independence and implementing participatory procedures. The paper concludes by emphasizing that effective delimitation is a democratic requirement rather than just a technical one. For the greatest democracy in the world to promote inclusive, representative, and participatory governance, it must balance demographic realities with constitutional ideals.

Keywords

GIS Mapping, Delimitation, Technology, Constitution, Obligations, Accountability

Ms. Sukhpreet Kaur & Dr. Navpreet Kaur
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Alternative Dispute Resolution (ADR) has emerged as a cornerstone of India’s justice delivery system, addressing the persistent challenges of backlog, procedural delays, and inaccessibility within the formal courts. Among the various ADR mechanisms, Lok Adalats (People’s Courts), established under the Legal Services Authorities Act, 1987, have acquired a distinctive place due to their emphasis on conciliation, compromise, and participatory justice. The institution of Lok Adalats reflects the constitutional mandate under Articles 39A and 14 to promote equal access to justice and ensure fairness in dispute resolution. This paper examines the role and relevance of Lok Adalats in contemporary India, focusing on their contribution to expeditious and cost-effective settlement of disputes, particularly for marginalized sections of society. It examines the functioning of Lok Adalats at various levels—national, state, district, and taluka—while evaluating their effectiveness in addressing civil, matrimonial, and compoundable criminal matters. The study highlights both the strengths of Lok Adalats, such as their informality, reduced costs, and amicable settlements, as well as their limitations, including concerns regarding enforceability, lack of awareness, and instances of coercive compromises. By drawing on statutory provisions, judicial pronouncements, and empirical insights, the paper underscores the significance of Lok Adalats in advancing the goals of social justice, while suggesting reforms to enhance their credibility, transparency, and efficiency. Ultimately, Lok Adalats exemplify a uniquely Indian model of ADR that balances tradition with modern legal frameworks, thereby reinforcing the constitutional vision of accessible and inclusive justice.

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Alternative Dispute Resolution, Lok Adalat, Access to Justice, Legal Services Authorities Act, Social Justice

Ms. Rufi Khan
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This research examines the complex landscape of disability rights in Jammu and Kashmir, analyzing the intersection of law, policy, and lived realities for persons with disabilities (PWDs) in the region. Through a comprehensive evaluation of legislative frameworks, judicial interventions, and empirical evidence, this study reveals significant disparities between formal legal guarantees and practical implementation. This research provides an exhaustive analysis of the social, legal, and policy dimensions of disability in the region. Drawing from statutes, international law, landmark judgments, and an extensive review of empirical data and field sources, the study identifies persistent gaps between formal guarantees and lived experiences. Recommendations are advanced for effective rights realization, meaningful inclusion, and improved governance for differently-abled persons. The study argues that while India’s Rights of Persons with Disabilities Act, 2016 represents progressive legislation, its implementation in conflict-affected regions like J&K requires contextualized approaches addressing cultural barriers, administrative deficits, and infrastructure limitations. The paper concludes with recommendations for strengthening enforcement mechanisms, enhancing community awareness, and fostering inclusive governance structures.

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Disability Rights, Jammu and Kashmir, RPWD Act 2016, Social Exclusion, Implementation Gap, Conflict and Disability, Inclusive Governance

Ms Pratibha Narwaria, Ms Nikita Patel &Ms Jahnavi Bhandari
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India’s agrarian economy faces a dual crisis: ecological degradation resulting from decades of industrial agricultural practices and inadequate legal support for sustainable alternatives. This paper critically examines the potential of agroecology—a science-based, socially just, and ecologically resilient approach to farming—as a framework for reforming India’s agricultural legal regime. Despite policy-level efforts, such as the National Mission for Sustainable Agriculture and schemes promoting organic farming, existing legal instruments remain fragmented, chemically oriented, and poorly aligned with sustainability goals. The study employs a doctrinal and comparative methodology, analyzing Indian statutes, including the Environmental Protection Act, Insecticides Act, Fertilizer Control Order, and the Seed Bill, alongside international instruments such as the UN FAO guidelines, the Sustainable Development Goals, and the EU’s Farm to Fork Strategy. Case studies of Sikkim’s organic model and Brazil’s agroecological zoning are incorporated to highlight practical insights. Constitutional mandates under Articles 21, 48A, and 51A(g) are explored to frame agroecology as a legal imperative tied to the right to life and intergenerational equity. The paper identifies key legal gaps, including the lack of statutory recognition of agroecology, insufficient incentives for sustainable practices, weak enforcement mechanisms, and limited participatory governance for farmers. It proposes a multi-pronged reform agenda: the enactment of a comprehensive National Agroecology and Sustainable Farming Law, restructuring of input regulations, market-based incentives, enhanced certification frameworks, and judicial interpretation of the right to sustainable agriculture. By bridging legal theory, policy analysis, and comparative models, this paper argues for a paradigm shift in agricultural law—one that aligns India’s food systems with environmental justice, climate resilience, and constitutional values. The study contributes to the emerging discourse on green legal transitions in the Global South and offers a grounded roadmap for law and governance reform in pursuit of sustainable agriculture.

Keywords

Agroecology, Sustainable Agriculture Law, Environmental Justice, Agri-Legal Reforms, Constitutional Environmental Rights

Mr Ajay Singh Tomar, Ms Anushka Upadhyay & Dr Arun Sharma
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Abstract

The debate over the Uniform Civil Code (UCC) in India highlights a complex intersection of constitutional values—equality, secularism, religious freedom, and cultural pluralism. Envisioned in Article 44 of the Directive Principles of State Policy, the UCC seeks to establish a uniform civil framework governing marriage, divorce, inheritance, and adoption, replacing religion-based personal laws. While its aim is to promote legal uniformity and gender justice, it also raises concerns among minority communities about cultural erosion, majoritarianism, This paper examines whether India can uphold both equality before the law and religious autonomy in personal matters, or whether a balance must be struck. Using a doctrinal and analytical approach, it explores the treatment of UCC and secularism in constitutional texts, judicial pronouncements, and political discourse. Landmark judgments such as Mohd. Ahmed Khan v. Shah Bano Begum, Sarla Mudgal v. Union of India, and Shayara Bano v. Union of India are analyzed to understand the judiciary’s evolving stance. The research engages with the concept of legal pluralism, which accepts the coexistence of multiple legal systems within a single polity, and how this framework may harmonize religious diversity with constitutional goals like gender equality. Comparative insights from France, Turkey, and Tunisia are explored to assess how other secular democracies have pursued similar reforms while navigating religious sensitivities. Special attention is given to the perspectives of minority groups and women’s rights advocates, especially from Muslim and Christian communities, to illustrate the complexity of the debate. The study argues for a gradual, consultative, and pluralist reform process that addresses discriminatory practices across all personal laws rather than enforcing a uniform code. Ultimately, the paper asserts that a reimagined UCC must promote substantive equality, grounded in democratic consensus and constitutional morality, without eroding cultural identity.

Keywords

Uniform Civil Code, Secularism, Minority Rights, Legal Pluralism, Personal Laws, Equality

Ms Manvi Jain & Dr Arun Sharma
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As markets expand globally, the friction between liberal branding options and public-morality oriented speech emerges at the forefront again, particularly in India with constitutional guarantees for freedom of expression. In light of the same, this research paper employs doctrinal and comparative analysis to examine the conflict within the context of other more recent controversies, such as the notorious CHUTIYARAM trademark case (2025), wherein an otherwise accepted mark by the Trade Marks Registry was quickly withdrawn following public outcry and accusations of moral impropriety. Further, this study makes a detailed examination of the statutory and judicial stance in India, with particular focus on Section 9(2)(c) of the Trade Marks Act, 1999. It draws upon various real-life examples of trademarks which have proven to be offensive and derogatory, including cases on FCUK, CHUTIYARAM, Myntra logo, BOB: Baap of Bakchod, and Sanskari Sex. In reviewing these cases, this paper demonstrates inconsistent applications of Section 9(2)(c) and evidence of administrative bias by the Trademark Registry. The paper also demonstrates the inadequacies within the Trade Marks Manual and proposes a question of clarity around definitions, and substantive reform. Lastly, the research aims to critique and improve India’s trademark law, contributing to the reform agenda and constitutional dialogue. It emphasizes the need for trademark law development that preserves freedom while maintaining decency, providing a foundation for the future in the context of creative marketing.

Keywords

Offensive or Scandalous, Trademark, Morality, Freedom of Speech & Expression, and Section 9 (2)(c)

Ms. Ashi Gupta
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This research paper critically examines the intricate landscape of patent laws and regulations governing genetically modified (GM) seeds, offering a comprehensive analysis of their legal, economic, ethical, and environmental dimensions. The study navigates the evolving legal frameworks in key jurisdictions, including the United States, the European Union, and India, highlighting commonalities and divergences in approaches to intellectual property protection for agricultural biotechnological innovations. It scrutinizes landmark judicial decisions that have shaped this legal terrain, revealing how courts balance proprietary interests of biotechnology corporations against broader public interest concerns, such as farmers’ rights and food security. Particular emphasis is placed on the Indian context, where the Protection of Plant Varieties and Farmers’ Rights Act, 2001 offers a unique alternative to conventional patent regimes, aiming to reconcile agricultural innovation with the safeguarding of farmers’ traditional rights to save, use, exchange, and sell farm-saved seeds. Ultimately, this paper aims to contribute to the global discourse on intellectual property rights in agriculture by synthesizing diverse perspectives and proposing pathways toward more equitable, transparent, and sustainable agricultural policies that foster innovation while prioritizing food security, protecting farmers’ rights, and preserving agricultural biodiversity for future generations.

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Genetically Modified Seeds, Patent Law, Intellectual Property Rights, Agricultural Innovation, Farmers’ Rights, Food Security, Environmental Ethics

Ms. Prachi Rai & Dr. Vartika Saxena
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Abstract

The suitability of current legal frameworks for safeguarding fashion designs is the main focus of this study, which explores the relationship between intellectual property rights and the Indian fashion industry. The main goal is to assess how well Indian intellectual property laws, more especially, the Designs Act of 2000, the Copyright Act of 1957, and the Trade Marks Act of 1999, address the fast-paced and dynamic nature of the fashion industry. This study uses a doctrinal research methodology and incorporates information from international conventions like TRIPS, statutes, court rulings, and comparative analysis between the legal systems of the United States and the European Union. The study shows that although Indian IP laws provide some protection, they are disjointed and unprepared to handle issues like design piracy, fast fashion replication, and insufficient enforcement. Judicial inconsistencies and the pressing need for legal reform are highlighted by case studies, which include seminal rulings such as Christian Louboutin v. Yves Saint Laurent and Ritika Pvt. Ltd. v. Biba Apparels. The study also examines economic aspects such as IP valuation and commercialisation, emphasising the necessity of policy interventions, IP literacy, and a sui generis law tailored to the fashion industry. According to the findings, in order to sustain creativity, a more unified, flexible, and designer-friendly intellectual property regime is required to foster innovation and increase India’s level of global competitiveness in the fashion sector.

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Fashion Law, Intellectual Property Rights, Design Protection, Trademark, Indian Legal Framework, Sui Generis Law, Fashion Industry

Dr. Raina Midha & Dr. Syedah Fatima Zahara Jafri
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Abstract

The Right to Repair (R2R) movement has gained momentum globally as consumers advocate for greater access to repair information, tools, and parts for the products they own. The ‘Right to Repair’ movement signifies a transformative shift in consumer rights, sustainability endeavours, and legal frameworks, both internationally and within India. This paper explores India’s proactive measures in implementing the Right to Repair, including the establishment of the Right to Repair Portal and proposed legislative frameworks, demonstrating a commitment to address consumer needs amidst restrictive trade practices. By identifying key sectors and leveraging existing legal precedents, India aims to balance intellectual property rights with consumer choices effectively. Legal precedents, including the Shamsher Kataria v. Honda Siel Cars India Ltd. and Sanjeev Nirwani v. HCL cases, contribute to evolving jurisprudence on the Right to Repair, emphasizing the intersection of competition law, consumer protection, and repair rights. While initiatives like the Right to Repair Portal signify progress, challenges and opportunities for refinement remain. Enhancing portal functionality, expanding its scope, and addressing manufacturers’ concerns are crucial for empowering consumers and promoting sustainable practices. Ultimately, this paper explores that how the Right to Repair movement holds significant promise for advancing consumer rights, fostering environmental sustainability, and driving innovation in India and beyond, contingent upon ongoing collaboration and dialogue amongst stakeholders.

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Right to Repair, Consumer Right, Sustainability, India, Legal Frameworks

Mr. Himanshu Tiwari

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Abstract

This paper discusses the role of independent directors in modern corporate governance by ensuring accountability, transparency, and ethical management. It also explains the primary functions of the independent directors which are oversight of objectives and independence from the company’s management. This paper also urges how independent directors protect the interests of stakeholders by making transparent decisions. It also deliberates the contribution of independent directors in corporate governance by providing their expertise in decision-making, enhancing board diversity, and mitigating conflict of interest. This paper also unleashed the evolution of corporate governance in India based on the evolution of the different committees and the laws that govern independent directors. In it the effect of having a good ability of independent directors, the importance of diversity of independent directors, the independently made judgment’s impact on the governance, effective functioning of the combination of executive directors, the constitution of the board by the audit committee and the remuneration committee. This paper also emphasizes the impacts on the governance of the corporation of having an independent director as unleashing the effective functioning of the company, enhancing credibility as well as the supervision of independent directors. It also has some highlighted situations where there is a requirement for independent directors such as financial distress or a restructuring plan, family-owned business, regulatory compliance, and risk management, enhancing board multiformity, misappropriation of funds as well as fraud, crises management, and conflict resolution in addition to in case of merger and acquisition the pivotal role of independent director in governing the corporate.

Keywords

Independent Directors, Corporate Governance, Non-executive directors, Impact, Facilitation, Conflict of Interest

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Mr. Lokesh kumar, Ms. Rakeshita Shastri
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Abstract

India made its own Competition Law in the year 1969 named MRTP Act, 1969. But it was not fulfilling the need of India, so a new Act came into force in the year 2002 named as the Competition Act, 2002. Mergers and Acquisitions are provided under the name combination as given under the section 5 of the Competition Act, 2002 and the provisions for its regulation is given under the section 6 of the Act. These provisions were added to the Act in the year 2007. Powers and Duties of the Competition Commission of India (CCI) is given under the Chapter IV of the Act. But all these provisions are not making the CCI completely competent in the regulation of combinations. So, this article is also dealing with the incompetency of CCI in the regulation of combinations as well.

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Merger, Acquisition, Combination, Competition Commission of India, Appreciable Adverse Effect on Competition (AAEC)

Dr. Navpreet Kaur
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Abstract

The impact of artificial intelligence and technological advancements on the justice delivery system in India can be significant, bringing both opportunities and challenges. The adoption of technology might face resistance due to concerns about job displacement and the need for retraining of legal professionals. Ensuring the reliability and fairness of AI algorithms is crucial to avoid biases in legal outcomes. Concerns about data privacy and the potential for bias in predictive algorithms need to be addressed to maintain fairness and transparency. The digital divide and limited access to technology in some areas may exacerbate existing inequalities in access to justice. The increasing reliance on digital platforms makes the justice system vulnerable to cyber threats, and there is a need for robust cybersecurity infrastructure. Ensuring the reliability of virtual proceedings and addressing concerns related to the digital divide and technological literacy among legal professionals and the public. Addressing ethical concerns, such as algorithmic bias, accountability, and the potential for misuse of AI tools, is critical to maintaining public trust in the justice system. AI and technological advancements offer the potential to transform the justice delivery system in India positively, careful consideration of ethical, legal, and societal implications is necessary to ensure a fair and accessible legal system for all. Striking a balance between technological innovation, safeguards, and transparency is essential to unlocking the full potential of AI in the legal field.

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Access to Justice, Cybersecurity, Algorithmic Legal Analysis, Judicial Automation, Revolutionizing Justice

Prof. (Dr.) Shobha Gulati
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Technology is arguably the most influential force shaping the education sector today. As an essential aspect of 21st-century life, often referred to as the “fourth revolution,” technology presents both challenges and opportunities. Its complexities are deeply connected to broader social developments. During global school closures, teachers, students, and families demonstrated remarkable achievements using even basic technologies. Education, being one of the most crucial elements of human life, was among the first sectors to be severely impacted by the pandemic, as maintaining social distancing was impractical on school premises. The integration of technology into education represents one of the most profound transformations the sector has ever experienced. Technological advancements are reshaping the roles of teachers and students alike. Technology serves as a powerful tool, enhancing and revolutionizing education in numerous ways. It simplifies the creation of educational content for teachers while opening up innovative, engaging methods for learning and collaboration. By reducing the workload for educators and helping students grasp concepts more effectively, technology influences both teaching methods and learning experiences. Furthermore, technology-driven learning and assessment systems play a crucial role in improving educational outcomes. They generate valuable data that can be used to continuously refine and enhance the education system across all levels

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Technology, Education, Covid-19, Positive and Negative Impacts, Teaching Methods

Ms.Nilam Prajapati
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Abstract

In this paper, the concept of constitutional morality as expounded by the Supreme Court of India in various landmark decisions like Manoj Narula v. Union of India, Navtej Singh Johar v. Union of India, Govt. of NCT, Delhi v. Union of India and many more, is looked and assessed through the prism of positivism and natural law school. The jurisprudential inquiry into the decisions rendered are evaluated through the theories propounded by jurists like HLA Hart, Hans Kelsen, Lon Fuller and Gustav Radbruch. In context of both the positivist Hart and Kelsen, it is found that their digression from their predecessors is infinitesimally inclined towards an internal assessment of law, whereas morality finds consonance and a place of pride in the theories of Fuller and Radbruch. Further, in its last section the paper investigates the fine contours of the seminal Hart and Fuller debate that has helped shape the modern understanding of the relationship at exits between law and morality. Appositely, this relationship is then explored within the Indian constitutional framework and in conclusion, the paper endeavours to provide a logical jurisprudential analysis to the concept of constitutional morality.

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Constitutional Morality, Separation of Law and Morals, Indian Constitution, Pure Theory of Law, Lawless Law