This research paper offers a thorough analysis of the Indian Constitution's judicial review system. The study examines the historical development, scope, and constraints of judicial review in India through a thorough examination of key constitutional clauses, significant court rulings, and academic commentary. It assesses the judiciary's contribution to maintaining fundamental rights, guaranteeing the separation of powers, and defending constitutional ideals critically. The purpose of the study is to shed light on the special characteristics and difficulties of judicial review within the Indian constitutional framework by drawing comparisons with judicial review systems in other jurisdictions.
{"title":"JUDICIAL REVIEW: EXPLORING THE ROLE OF JUDICIARY IN CONSTITUTIONAL INTERPRETATIONS","authors":"Ayushi Pandey","doi":"10.59126/v3i1a4","DOIUrl":"https://doi.org/10.59126/v3i1a4","url":null,"abstract":"This research paper offers a thorough analysis of the Indian Constitution's judicial review system. The study examines the historical development, scope, and constraints of judicial review in India through a thorough examination of key constitutional clauses, significant court rulings, and academic commentary. It assesses the judiciary's contribution to maintaining fundamental rights, guaranteeing the separation of powers, and defending constitutional ideals critically. The purpose of the study is to shed light on the special characteristics and difficulties of judicial review within the Indian constitutional framework by drawing comparisons with judicial review systems in other jurisdictions.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"178 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140783253","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The term "digital age" refers to a grouping of various technological innovations such as virtual environments, digital services, intelligent applications, machine learning, knowledge-based systems, etc. that determine the particular features of the modern world, such as globalization, e-communications, information sharing, virtualization, etc. However, uncontrolled access to information and personal data kept in many global network nodes presents a chance for the technologies of the digital age to breach certain fundamental principles of information security and privacy. The rapid progress of technology has prompted both private and governmental organizations to gather personal data from individuals, often inadvertently left behind while browsing the internet. This collected information, obtained without explicit consent, is subsequently utilized to influence the behavior and decisions of citizens through persuasive technology. This practice infringes upon the liberty guaranteed to every Indian citizen by the Constitution.
{"title":"RIGHT TO PRIVACY IN THE DIGITAL AGE: ADDRESSING CHALLENGES IN THE ERA OF TECHNOLOGICAL ADVANCEMENTS","authors":"Ronit Palvia","doi":"10.59126/v3i1a7","DOIUrl":"https://doi.org/10.59126/v3i1a7","url":null,"abstract":"The term \"digital age\" refers to a grouping of various technological innovations such as virtual environments, digital services, intelligent applications, machine learning, knowledge-based systems, etc. that determine the particular features of the modern world, such as globalization, e-communications, information sharing, virtualization, etc. However, uncontrolled access to information and personal data kept in many global network nodes presents a chance for the technologies of the digital age to breach certain fundamental principles of information security and privacy. The rapid progress of technology has prompted both private and governmental organizations to gather personal data from individuals, often inadvertently left behind while browsing the internet. This collected information, obtained without explicit consent, is subsequently utilized to influence the behavior and decisions of citizens through persuasive technology. This practice infringes upon the liberty guaranteed to every Indian citizen by the Constitution.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"70 21","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140795260","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Blockchain technology presents a paradigm shift in governance, offering decentralized frameworks that challenge traditional centralized systems. This paper delves into the concept of decentralized democracy within blockchain governance and its implications for the future. The paper outlines the foundational principles of blockchain, highlighting its ability to facilitate transparent, trustless transactions through distributed consensus mechanisms. The paper then examines various governance models, from centralized to decentralized approaches such as on-chain governance and decentralized autonomous organizations (DAOs), assessing their strengths and weaknesses. Moreover, the research explores the concept of decentralized democracy, elucidating how blockchain enables transparent, auditable voting systems for direct stakeholder participation in decision-making.
{"title":"FUTURE OF BLOCKCHAIN GOVERNANCE: EXPLORING DECENTRALIZED DEMOCRACY","authors":"Akash Yadav","doi":"10.59126/v3i1a8","DOIUrl":"https://doi.org/10.59126/v3i1a8","url":null,"abstract":"Blockchain technology presents a paradigm shift in governance, offering decentralized frameworks that challenge traditional centralized systems. This paper delves into the concept of decentralized democracy within blockchain governance and its implications for the future. The paper outlines the foundational principles of blockchain, highlighting its ability to facilitate transparent, trustless transactions through distributed consensus mechanisms. The paper then examines various governance models, from centralized to decentralized approaches such as on-chain governance and decentralized autonomous organizations (DAOs), assessing their strengths and weaknesses. Moreover, the research explores the concept of decentralized democracy, elucidating how blockchain enables transparent, auditable voting systems for direct stakeholder participation in decision-making.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"69 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140785409","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Preamble of our Constitution aims at securing the unity and integrity of the nation. To maintain justice and freedom of opinion, belief, faith, and worship, minority populations enjoy religious and cultural protections guaranteed by the Constitution. Treating unequal as equals is as bad as treating equals as unequal. Everyone has the right to equality and the same possibilities under our Constitution, yet treating people equally means treating those differently who weren't born alike. Because minorities in India have faced such terrible discrimination and are not treated equally with others, our Constitution's founders guaranteed special rights to minorities under Articles 29 and 30. The idea of granting minorities some special rights is to make them feel secure. The purpose of special rights for minorities is to ensure the preservation of minority institutions and to ensure autonomy in the management of these institutions, not to foster inequality but to promote equality. Education empowers and enlightens society. An essential component of human development is education. The preamble to the constitution states that the golden goals of Justice, Liberty, Equality, and Fraternity, including social, economic, and political justice, must be attained for the Indian polity to succeed.
{"title":"RIGHTS OF MINORITIES TO ESTABLISH AND ADMINISTER EDUCATIONAL INSTITUTIONS","authors":"Prerna Shikha","doi":"10.59126/v3i1a5","DOIUrl":"https://doi.org/10.59126/v3i1a5","url":null,"abstract":"The Preamble of our Constitution aims at securing the unity and integrity of the nation. To maintain justice and freedom of opinion, belief, faith, and worship, minority populations enjoy religious and cultural protections guaranteed by the Constitution. Treating unequal as equals is as bad as treating equals as unequal. Everyone has the right to equality and the same possibilities under our Constitution, yet treating people equally means treating those differently who weren't born alike. Because minorities in India have faced such terrible discrimination and are not treated equally with others, our Constitution's founders guaranteed special rights to minorities under Articles 29 and 30. The idea of granting minorities some special rights is to make them feel secure. The purpose of special rights for minorities is to ensure the preservation of minority institutions and to ensure autonomy in the management of these institutions, not to foster inequality but to promote equality. Education empowers and enlightens society. An essential component of human development is education. The preamble to the constitution states that the golden goals of Justice, Liberty, Equality, and Fraternity, including social, economic, and political justice, must be attained for the Indian polity to succeed.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"29 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140792586","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In today's digital world, successful governance is impossible without well-deployed digital services and the active participation of individuals who are aware of innovations and their rights. With the continuous advancement of technology, the concept of data protection and information security has become a major source of debate because every corporation has digital services that are tasked with protecting the data of its employees from various third-party interventions. Privacy has now developed as a human right across the world, and it is recognized as a basic right by the Constitution. The courts of law have issued significant decisions, including recommendations and verdicts. This article addresses the legal trends related to data protection.
{"title":"DATA PROTECTION AND CONSTITUTIONAL RIGHTS: THE INTERSECTION OF PRIVACY AND INFORMATION SECURITY","authors":"S. Nair","doi":"10.59126/v3i1a2","DOIUrl":"https://doi.org/10.59126/v3i1a2","url":null,"abstract":"In today's digital world, successful governance is impossible without well-deployed digital services and the active participation of individuals who are aware of innovations and their rights. With the continuous advancement of technology, the concept of data protection and information security has become a major source of debate because every corporation has digital services that are tasked with protecting the data of its employees from various third-party interventions. Privacy has now developed as a human right across the world, and it is recognized as a basic right by the Constitution. The courts of law have issued significant decisions, including recommendations and verdicts. This article addresses the legal trends related to data protection.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"116 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140790305","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In every country of the world with people residing in it and an official government body of any kind be it a Democracy, a Monarchy, a Dictatorship, or any other form of Government certain rights are given to people by the law of the land no matter what is the form of the governing body. These rights as mentioned earlier are the legal rights that are often needed by people when they find themselves in the middle of certain criminal or civil proceedings. It's an attempt to make sure that even the condemned are not treated wrongly or illicitly.
{"title":"DUE PROCESS: EVALUATING ITS APPLICATION IN CRIMINAL AND CIVIL PROCEEDINGS","authors":"Zehra Khan","doi":"10.59126/v3i1a3","DOIUrl":"https://doi.org/10.59126/v3i1a3","url":null,"abstract":"In every country of the world with people residing in it and an official government body of any kind be it a Democracy, a Monarchy, a Dictatorship, or any other form of Government certain rights are given to people by the law of the land no matter what is the form of the governing body. These rights as mentioned earlier are the legal rights that are often needed by people when they find themselves in the middle of certain criminal or civil proceedings. It's an attempt to make sure that even the condemned are not treated wrongly or illicitly.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"65 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140784075","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The right to privacy stands as a fundamental pillar of individual autonomy within the constitutional framework of India. This paper undertakes a comprehensive exploration of the multifaceted landscape surrounding the right to privacy in India, delving into its historical roots, constitutional foundations, contemporary challenges, and future outlook. Commencing with an examination of pre-independence cultural and legal landscapes, the study unfolds the constitutional basis of the right, predominantly enshrined in Article 21, exploring its evolution through landmark judicial pronouncements such as K.S. Puttaswamy v. Union of India (2017). The paper critically analyzes the limitations placed on the right, considering the delicate balance between individual privacy and societal interests. The research delves into the international dimension, conducting a comparative analysis with global standards and exploring the influence of international treaties and conventions on India's legal framework. Critiques of the right to privacy jurisprudence are discussed, alongside challenges in implementation and the nuanced task of balancing privacy with national security imperatives. The research concludes by underscoring the continued significance of the right to privacy in modern India and issuing a call to action for policymakers and stakeholders to fortify and adapt the legal framework in anticipation of emerging challenges.
{"title":"RIGHT TO PRIVACY IN INDIA: CONSTITUTIONAL BASIS AND IMPLICATIONS ON MODERN ISSUES","authors":"Nitin Raj Singh","doi":"10.59126/v3i1a6","DOIUrl":"https://doi.org/10.59126/v3i1a6","url":null,"abstract":"The right to privacy stands as a fundamental pillar of individual autonomy within the constitutional framework of India. This paper undertakes a comprehensive exploration of the multifaceted landscape surrounding the right to privacy in India, delving into its historical roots, constitutional foundations, contemporary challenges, and future outlook. Commencing with an examination of pre-independence cultural and legal landscapes, the study unfolds the constitutional basis of the right, predominantly enshrined in Article 21, exploring its evolution through landmark judicial pronouncements such as K.S. Puttaswamy v. Union of India (2017). The paper critically analyzes the limitations placed on the right, considering the delicate balance between individual privacy and societal interests. The research delves into the international dimension, conducting a comparative analysis with global standards and exploring the influence of international treaties and conventions on India's legal framework. Critiques of the right to privacy jurisprudence are discussed, alongside challenges in implementation and the nuanced task of balancing privacy with national security imperatives. The research concludes by underscoring the continued significance of the right to privacy in modern India and issuing a call to action for policymakers and stakeholders to fortify and adapt the legal framework in anticipation of emerging challenges.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"183 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140764038","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The constitution plays an important role in addressing how the country would work and function. It is a set of rules and regulations and acts as a base on how the future of a country will play. Different countries have taken different courses on how to draft their constitution suiting their society and circumstances. The constitution plays an important role in making the future of the country and thus it is very important to understand the origin and its history to understand the ongoing politics, development, economic status and social structure of the country.
{"title":"CONSTITUTIONAL EVOLUTION: EXAMINING THE PROCESS OF DRAFTING AND AMENDING CONSTITUTIONS IN VARIOUS COUNTRIES","authors":"Shubhangi Sinha","doi":"10.59126/v3i1a1","DOIUrl":"https://doi.org/10.59126/v3i1a1","url":null,"abstract":"The constitution plays an important role in addressing how the country would work and function. It is a set of rules and regulations and acts as a base on how the future of a country will play. Different countries have taken different courses on how to draft their constitution suiting their society and circumstances. The constitution plays an important role in making the future of the country and thus it is very important to understand the origin and its history to understand the ongoing politics, development, economic status and social structure of the country.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"161 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140791459","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
India is a fast-developing economy, to sustain such growth a healthy cash flow is required. This cash flow is brought in by businesses and companies. But when a company or business begins to default on its loans, it is referred to as becoming insolvent. This causes credit to become trapped in the system or to convert into bad loans. It is crucial that creditors and banks are able to recover as much as possible from the defaulter in order to prevent this. Therefore, a number of regulations were enacted to allow credit to enter the system and to minimize the depreciation of assets' value.
{"title":"Jignesh Shah vs. Union of India","authors":"Rutuja Bhor","doi":"10.59126/v2i4a9","DOIUrl":"https://doi.org/10.59126/v2i4a9","url":null,"abstract":"India is a fast-developing economy, to sustain such growth a healthy cash flow is required. This cash flow is brought in by businesses and companies. But when a company or business begins to default on its loans, it is referred to as becoming insolvent. This causes credit to become trapped in the system or to convert into bad loans. It is crucial that creditors and banks are able to recover as much as possible from the defaulter in order to prevent this. Therefore, a number of regulations were enacted to allow credit to enter the system and to minimize the depreciation of assets' value.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"247 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116159403","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Usha Martin Limited (hereinafter referred to as the "petitioner/award debtor" or "Applicant") has filed this application (hereinafter referred to as AP 486/2017) with this Court pursuant to Section 34 of the Arbitration & Conciliation Act, 1996, asking for the annulment of an arbitration award dated February 3, 2017, issued by the West Bengal State Micro Small Enterprises Facilitation Council ('WBSMSEFC' or 'Council'), in favor The award holder has petitioned this Court for the execution of the aforementioned arbitral award by filing an execution application (EC 330/2017) in accordance with Section 36 of the Arbitration & Conciliation Act, 1996. The parties have filed many interlocutory applications in both cases.
Usha Martin Limited(以下简称“请愿人/裁决债务人”或“申请人”)已根据1996年“仲裁与调解法”第34条向本法院提交本申请(以下简称AP 486/2017)，要求撤销西孟加拉邦微型小企业促进委员会(“WBSMSEFC”或“委员会”)于2017年2月3日发布的仲裁裁决。裁决持有人已根据1996年《仲裁与调解法》第36条提交执行申请(EC 330/2017)，请求本院执行上述仲裁裁决。双方在这两起案件中都提出了许多中间申请。
{"title":"Usha Martin Limited vs. Eastern Gases Limited","authors":"Sonam Kumari","doi":"10.59126/v2i4a14","DOIUrl":"https://doi.org/10.59126/v2i4a14","url":null,"abstract":"Usha Martin Limited (hereinafter referred to as the \"petitioner/award debtor\" or \"Applicant\") has filed this application (hereinafter referred to as AP 486/2017) with this Court pursuant to Section 34 of the Arbitration & Conciliation Act, 1996, asking for the annulment of an arbitration award dated February 3, 2017, issued by the West Bengal State Micro Small Enterprises Facilitation Council ('WBSMSEFC' or 'Council'), in favor The award holder has petitioned this Court for the execution of the aforementioned arbitral award by filing an execution application (EC 330/2017) in accordance with Section 36 of the Arbitration & Conciliation Act, 1996. The parties have filed many interlocutory applications in both cases.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131712895","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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