Journal Title : National Journal for Legal Research and Innovative Ideas
ISSN(O):2582-8665
Frequency : Quarterly
Volume : 5
Issue : 2
Period : January - March 2025
1. THE QUEST FOR LEGAL UNIFORMITY : A SOCIO-LEGAL ANALYSIS OF THE UNIFORM CIVIL CODE IN INDIA
By- Aparna Raje Pathak & Dr. Sarita Yadav, Amity University, Lucknow
•Abstract
The Uniform Civil Code (UCC) is a proposed set of personal laws in India that aims to replace the diverse religious laws governing marriage, divorce, inheritance, succession and adoption with a common legal framework. It has been a subject of intense socio-legal debate in Indian jurisprudence, reflecting the complex interplay between constitutional ideals, religious pluralism and legal uniformity. This paper critically examines historical evolution, constitutional mandate, social and political dimensions of the UCC. It evaluates arguments for and against its implementation and explores judicial precedents. The study concludes by analyzing potential pathways for realization of a Uniform Civil Code in India, balancing constitutional values with social pluralism. However, the idea gained significant traction in independent India during the framing of the Constitution. Colonial Legacy during British rule, India was governed by a diverse set of personal laws based on religion, ethnicity, and customary practices. The British attempted to introduce uniform laws in certain areas, such as criminal law and property rights, through measures like the Indian Penal Code and the Indian Succession Act.
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2. LEGAL PROTECTION AND SOCIAL REALITIES: AN ANALYTICAL STUDY OF WOMEN AND LAW IN INDIA.
By- Amrita Raj Pathak & Dr. Srijan Mishra, Amity University, Lucknow
•Abstract
Women have played a significant part in creating society by providing moral support in the home environment. Women account for half of the country's human resources and are an indicator of national progress. Women have gained significant footing in politics, the workplace, and even more authority within their own homes. Women were once unable to express their opinions in politics since they could not vote or run for office, but now there are more than one woman running for president. Now women and men can both be the bread winners, the stereotypical role place on women are slowly dissolving and both spouse parents are sharing the responsibilities that come with the house and family. They represent the creator and destroyer of the human race, Shakti. It must be acknowledged that women shape and construct the future of their countries. Every successful man has a woman by his side. However, treating them as the most marginalized and underprivileged group in society is abhorrent. In the majority of households, daughters are treated as liabilities and are taught to feel inferior to men. Sons are revered and honored. The Hindu wedding blessing "may you be the mother of a hundred sons" is frequently used.
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3. Judicial Review in India: Evolution, Challenges, and Future Prospect
By- Rattandeep Singh & Anupreet Kaur, UG Law Students, Chandigarh University
• Abstract
A prominent tool that professes the courts with the authority to declare whether legislative and executive actions are lawful and in line with constitutional principles is referred as judicial review. With an emphasis on India's legal system, this paper explores the origin, evolution, and use of judicial review. From prehistoric legal custom to British colonial control and its official establishment in the Indian Constitution, it charts the evolution of judicial review over time. The study highlights key judicial precedents, such as Kesavnanda Bharati v. State of Kerala 1973, which upheld the basic structure theory and established judicial review as a fundamental component of constitutional governance. The study further explores the conflict between judicial review and legislative sovereignty by analyzing seminal instances such as Minerva Mills v. Union of India (1980) and the NJAC ruling (2015). The scope and restrictions of judicial review under Articles 13, 32, and 226 are also covered, with a focus on judicial restraint to avoid overstepping into the legislative and executive branches. The paper explores potential reforms, including the adoption of artificial intelligence and technological advancements to enhance judicial efficiency. Ethical consideration, transparency, and privacy concerns are also addressed to ensure a balanced integration of AI in the judiciary.
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4. HUSBAND’S RIGHT TO MAINTENANCE
By- Palvi Jasrotia, BA.LLB, Student at Army Institute of Law, Mohali.
• Abstract
One of the most significant laws in the Constitution of India, which guarantees us the freedom of Religion, holds that all clauses about matters, such as Marriage, Divorce, and Maintenance. Every living Person needs some way to make ends meet. "Maintenance" refers to the act of giving a spouse, kid, or parent the means of subsistence and necessities of life, this term is defined under section 3(b)1 of The Hindu Adoptions and Maintenance Act, 1956. Today, when we talk about the elimination of gender inequality, men and women are treated equally, and husbands can also file petitions. In this paper, the researcher shall attempt to evaluate the husband's maintenance rights under various religious laws. As, apart from the Hindu Marriage Act, of 19552 and the Parsi Marriage and Divorce Act, of 19363, no other law gives any right to a husband to claim such maintenance from his wife even on reasonable grounds.
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5. The Corporate Chimera: Decoding India's Illusory Accountability
By - Sarabjot Kaur & Gurleen Kaur, UG Law Students, Chandigarh University
• Abstract
The evolution of corporate criminal liability in India reflects a complex interplay between doctrinal challenges, enforcement deficits, and the country’s rapidly expanding corporate landscape. While legislative instruments such as the Companies Act, 2013, the Prevention of Money Laundering Act, 2002, and the Securities and Exchange Board of India Act, 1992 collectively provide a robust statutory framework, enforcement remains inconsistent and often ineffective. This paper critically examines the conceptual foundations and jurisprudential evolution of corporate criminal liability in India, especially the difficulties in attributing mens rea to artificial legal persons. The analysis underscores how doctrines such as the identification theory, alter ego principle, and vicarious liability have been judicially adapted but suffer from doctrinal rigidity and selective application. Comparative insights from the United States and the United Kingdom reveal more pragmatic and effective models, which India could judiciously adopt to strengthen its regulatory framework. The paper also highlights systemic enforcement challenges, including jurisdictional overlaps, lack of sentencing uniformity, and institutional capacity deficits. It concludes by advocating for a graded penalty system, adoption of an organizational mens rea model, and strengthening of specialized agencies to strike a balance between deterrence and corporate autonomy. Such reforms are essential to render India’s corporate criminal liability regime both credible and globally competitive.
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6. DISPUTE RESOLUTION MECHANISM IN INDIA & IT’S EMERGING TRENDS WITH SPECIAL EMPHASIS ON COMMERCIAL ARBITRATION
By- Ms.Devanshi Bajpai, LL.M (CB&IL), Amity University, Noida
•Abstract
Commercial arbitration in India has evolved as a preferred dispute resolution mechanism due to its efficiency, flexibility, and enforceability. Legislative reforms, including the Arbitration and Conciliation Act, 1996, the Commercial Courts Act, 2015, and the Mediation Act, 2023, have significantly enhanced the arbitration framework. Additionally, sector-specific laws such as the Industrial Disputes Act, 1947, the Family Courts Act, 1984, and the Digital Personal Data Protection (DPDP) Act, 2023 highlight the growing reliance on arbitration across various domains. The rise of Online Dispute Resolution (ODR) and technological advancements, including virtual hearings and AI-driven arbitration, have further streamlined dispute resolution. However, challenges such as delays in enforcement, arbitrator bias, high costs, and judicial intervention persist. This research critically examines emerging trends such as institutional arbitration, third-party funding, emergency arbitration, and hybrid models (Med-Arb, Arb-Med) while analyzing India's potential to become a global arbitration hub. By evaluating judicial trends, legislative reforms, and sector-specific applications, this study provides insights into the future of commercial arbitration in India and suggests policy recommendations to strengthen its framework.
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7. Effectuation of International Laws into Municipal Law: The Indian Approach
By- Adv. Prabha Dabral & Arryan Mohanty
• Abstract
Nothing holds greater significance within the realm of International Law than the attainment of a thorough comprehension of its interplay with the Municipal Law of a sovereign State. It is imperative to discern the correlation between these two legal frameworks to elucidate the nexus between International Law and Municipal Law. International law constitutes a corpus of regulations and practices regarding the conduct of nations. In other words, International Law embodies a codified set of principles that governs the interactions among States. Conversely, municipal law is frequently called national law and is pertinent to a particular country. Incorporating international legal norms into national legal frameworks constitutes a sophisticated process influenced by constitutional doctrines, judicial interpretations, and state practices. Within the Indian context, this dynamic interaction exemplifies a distinctive amalgamation of dualist and monist principles shaped by constitutional directives and the adaptive function of the judiciary. This scholarly article investigates the methodologies through which international treaties, conventions, and customary international legal standards are assimilated into Indian domestic law. It emphasises the constitutional provisions, notably Articles 51 and 253, highlighting India's dedication to promoting adherence to international law while necessitating legislative measures to execute treaties. The judiciary's assertive role, evidenced through seminal rulings, has further propelled the indirect application of international legal norms, particularly within human rights, environmental legislation, and trade regulations. By scrutinising pivotal cases and legislative progressions, this research delves into the complexities and potentialities of reconciling international obligations with national legal systems, providing insights into India's transforming legal framework amid globalisation and international collaboration.
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8. NAVIGATING THE LEGAL MAZE: STATUS OF SAME SEX MARRIAGE IN INDIA
By- Manya Srivastav (LL.M. Candidate) & Dr. Aishwarya Pandey (Assistant Professor Of Law), Amity University, Lucknow
•Abstract
“Love has no gender. It has no labels. Love is simply love.” -Manuel Miranda
Love transcends gender, and it is unjust to restrict marriage based on gender identity. As the world evolves, it is essential to reconsider outdated norms and embrace inclusivity. Same-sex marriage allows individuals to marry a partner of the same gender, and this idea should no longer be dismissed or ignored. In the past, people were stigmatized for their gender identity, but in today’s progressive society, every individual deserves respect and acceptance regardless of their gender or sexual orientation. It is important to acknowledge that gender is not limited to a binary concept; there are multiple gender identities. Society must adopt the principle of “live and let live,” ensuring that everyone feels welcomed, valued and accepted. Happiness and harmony can be achieved when individuals are allowed to love and marry freely. In India, same-sex marriage has not yet gained legal recognition. While some nations maintain strict laws against it despite having open-minded citizens, India presents a unique challenge where both the legal framework and societal attitudes remain conservative. Indian society requires time and education to understand that same-sex relationships are not a foreign influence but rather a natural aspect of human existence. Raising awareness and fostering acceptance are crucial in eliminating discrimination and ensuring that same-sex couples are not subject to injustice.
Judiciary scratched Section 377, which condemns homosexuality, same-sex marriage remains a contentious issue. Social resistance continues to hinder progress, demonstrating that legal reforms alone are insufficient without a shift in public perception. True change begins with societal acceptance, which can be achieved through education and open dialogue.
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9. Role of Forensic Odontology in Legal Cases
By- Arpit & Ajay Kumar, UG Law Students, Chandigarh University
• Abstract
The scientific field that is most frequently used to identify people in court is forensic dentistry. Every person has a different dental formation. Bite marks and skull structure are used to identify an individual. techniques for identifying sex, estimating age, determining race, and analyzing bite marks. The collection methods utilized to extract the dental records are discussed in this article. Using forensic dentistry in court, particularly for reviews admissibility of forensic evidence in Indian cases involving sexual assault. Determining the dental cast, photograph, and wax impression reveals the difficulties that the legal community's expert community faces.
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10. A CRITICAL ANALYSIS OF PATENT ABUSE AND IPR LAWS IN INDIA
By - Vidushi Gupta & Rhythm Sharma, UG Law Students, Faculty of Law, Aligarh Muslim University, Aligarh
•Abstract
This paper critically examines the issue of patent abuse within the Indian Intellectual Property Rights (IPR) regime, with a focus on the legal and policy mechanisms intended to prevent monopolistic exploitation of patents. While patent protection is essential to incentivize innovation, its misuse—manifested through practices like evergreening, patent thickets, and frivolous litigation—can undermine public welfare and hinder access to essential goods, especially in sectors like pharmaceuticals and technology. The study analyzes India’s legal framework under the Patents Act, 1970, particularly the significance of Section 3(d) and provisions for compulsory licensing as safeguards against such abuse. Landmark judicial decisions, such as Novartis AG v. Union of India and the Nexavar compulsory licensing case, illustrate India’s commitment to balancing innovation incentives with public interest. Furthermore, the paper contrasts India’s approach with global patent standards and proposes recommendations, including enhanced patent examination, stronger competition law enforcement, and the promotion of public interest litigation. The study concludes that while India’s patent regime incorporates vital checks against abuse, ongoing legislative and judicial vigilance is required to ensure that patent law continues to serve both innovation and societal needs.
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