Month: September 2014

Payment of Gratuity Act, 1972: A Critical Analysis

By Prachi Agrawal, CNLU Editor’s Note: Gratuity is a voluntary Payment made by the employer to the employee in recognition of continuous, meritorious services and sincere efforts by the employee towards the organization. It is governed under the Payment of Gratuity Act 1972. It  is  an  Act  to  provide  for  a  […]

Position And Perspective Of Privacy Laws In India

By Devesh Saxena, Faculty of Law, University of Allahabad Editor’s Note: The term ‘privacy’ refers to the use and disclosure of personal information and is only applicable to information specific to individuals. As such, the right to privacy has been given paramount importance by the Indian judiciary and can only be […]

Basmati- Pride Of India- A Case Comment

By Surabhi Dhole & Suvigya Vidyarthi, University of Pune, DESFNLC Editor’s Note: The essay starts off by explaining the meaning and purpose of intellectual property. It mentions how certain intellectual property cases are related to turmeric. The essay emphasizes the importance of The Geographical Indications of Goods (Registration and Protection) Act, […]

The Problems of Marginalized Groups in India

By Devesh Saksena, Faculty of Law, University of Allahabad Editor’s Note: The author starts by explaining the definition and meaning of the word marginalization, what causes it and what constitutes it, as part of the introduction. He then goes on to explain certain sections of the society that have faced […]

Should Homosexuality be Legalised?

By Aishwarya Srivastava, UPES, Dehradun Editor’s Note: Should homosexuality be legalized? The paper focuses on the moral dilemmas involved in legalizing homosexuality and questions the effect it will have on the institution of marriage and procreation. Law is forever dynamic and must change with changes in society. However, with changes […]

Constitutional Integration of Jammu & Kashmir

By Satakshi Sharma, CNLU, Patna Editor’s Note: The state of Jammu and Kashmir possesses a distinct position in the Indian Union. Unlike other states, the state of J&K has its own constitution and a separate flag to represent itself. Though it is stated in the schedule 1 of the Indian […]

Judicial Activism Under Article 21: Going Beyond The Four Walls Of The Judiciary

By Sweta Rath, Symbiosis Law School “Editor’s Note: Judicial Activism is an approach to the exercise of judicial review, or a description of a particular judicial decision, in which a judge is generally considered more willing to decide constitutional issues and to invalidate legislative or executive actions. The author has explored the concept of judicial […]

Preamble to the Constitution of India

By Arti Goyal, University Institute of Legal Studies, Panjab University Editor’s Note:  The Preamble, often viewed as the manifestation of the vision of the drafters of our Constitution, has secured its own niche in public and academic debates. The author of this paper has attempted to sift through debates to analyze […]

Crime and its Politicization: The Badaun Rape

By Divya Kathuria Editor’s Note: In this article, the author has highlighted the recent rape of two Dalit girls in the Badaun village of Uttar Pradesh and the greater issue of caste underlying it. She expresses outrage over how the entire issue has been treated by the government and the […]

Vicarious Liability of State

By Subhyanka Rao, RMLNLU Editor’s Note: Vicarious liability refers to a situation where someone is held responsible for the actions or omissions of another person. In the field of Torts, it is considered to be an exception to the general rule that a person is liable for his own acts […]

Sting Operations as Evidence in India

By Palak Jain, NLIU Bhopal Editor’s Note: Sting operations can be classified into positive and negative sting operations based on their purpose. Positive sting operation takes place in the interest of the society, which helps to lift the purdah of the working of the government. On the other hand negative sting operation harm […]

Mischief Rule of Statutory Interpretation

By Subhyanka Rao, RMLNLU Editor’s Note:  The Mischief Rule is a certain rule that judges can apply in statutory interpretation in order to discover Parliament’s intention. The application of this rule gives the judge more discretion than the literal and the golden rule as it allows him to effectively decide on […]

Disaster Management In Outer Space

By Girish Kalla, Seedling School of Law And Governance, Jaipur National University Editor’s Note: Disaster management is the effort of communities or organizations to plan and coordinate all personnel and materials required to either mitigate the effects of, or recover from, natural or man-made disasters. The two major arms of space technology in aid […]