Volume I Issue I

ARTICLES

THE UNIFORM CIVIL CODE & THE INDIAN SUBCONTINENT: Appraising the Laws Formulated & the Judicial Opinions Rendered - Devina Das

The paper undertakes a critical analysis of the Judgements over landmark and other recent case laws, as established by the Indian Judiciary, and thereby, explores the far - reaching consequences of such judicial analysis of the issues of utter significance. The paper seeks to emphasize the Judicial stance, that supports the implementation of the principles of Uniform Civil Code, in order to address the critical and burning issues within the realm of Divorce and Maintenance rights, Polygamous Practices, Guardianship and Adoption et al. Read More

 

NEMO JUDEX IN CAUSA SUA: A Misnomer in the Case of Judicial Appointment System - Anmolam

The research paper discusses the avocation of the reform in the method of appointment of judges in the higher judiciary is an exercise which, in effect, is long overdue. In this connection, the major apprehension is whether the new method of judicial appointments replaces one system of opaque appointments with another or is a covert device to make the judiciary toe the line of the executive. It is also relevant to inquire whether the proposed scheme is consistent with the principle of independence of the judiciary. In this context, the practice obtaining in different countries across the globe as well as the past proposals may offer a useful guide to test the same. Read More

 

CONSTITUTIONAL RIGHT TO PRIVACY & THE PRESS COUNCIL OF INDIA - Dr. Gifty Oommen

The research paper begins with the introduction on the historical background of broadcasting of information and news in Indian paradigm .Then, elaborates on the avocations of Compensation of the Press Council, Objections, and functions of the Council along with Powers of it. The research paper further elucidates the thrust of revealing the Source of information, Code of Ethics, Norms of Journalist Conduct of PCI, Review, and Adjudication by P.C.I.

The paper discusses the  Mechanisms to control Press & Electronic Media and puts light upon the actions taken by the Ministry of Information & Broadcasting  Court on Media Law. It provides the comparative analysis between the systems established for functioning and governance of the above, in the United States and the United Kingdom. It facilitates a comprehensive synthesis on Paid News and Foreign Direct Investment in the foray of Media. Read More

 

CASE ANALYSIS

GARRETH ANVER PRINCE v. THE LAW SOCIETY OF THE CAPE OF GOOD HOPE: Freedom of Religion and the Role of Comparative Constitutional Law in South African Courts - Aarushi Bansal

The African continent is a hub of religious and cultural diversity. South Africa is home to about six thousand minority religious groups alone. The current Constitution of South Africa, enforced in 1996, aimed to cater to and accommodate the requirements and practices of all religions, as is exemplified under certain provisions. Making the Right to Freedom of Religion a fundamental right under Section 153 was another step in this regard.

Garreth Anver Prince v. The Law Society of the Cape of Good Hope (or Prince), a landmark judgment, as discussed further, delivered by the Constitutional Court of South Africa in 2002, using comparative law, was one of earliest cases addressing issues related to the Right to Freedom of Religion, a pressing constitutional issue prevailing in South Africa. Read More

ESSAYS

NONE OF THE ABOVE: Progress or Regress of Democracy - Purvai Sharma

The essay begins with a brief introduction to Indian democracy and its three pillars viz. the legislative, the executive and the judiciary. The second part of the essay deals with the process of elections in India and the role played by the Election Commission, which is responsible for conducting elections in India. The third part of the essay briefly discusses the provision of NOTA – “none of the above” – introduced by the Supreme Court judgment dated 27th September 2013. The last part of the essay lists the failures of the present effects of NOTA along with a suggested approach, and a need for altering the specifications of NOTA so as to ensure that it fulfills its rightful purpose of empowering the democracy with measures like ‘right to recall’ and ‘right to reject. Read More

 

GENDER-BASED DISCRIMINATION IN CORPORATE MANAGEMENT - Purvi Saxena

The research paper begins with the discussion on the avocation of The Constitutional or Legal or other Guarantee of Equality {gender} in India and further elucidates the above prevailing paradigm in cognizance with International Resolutions Regarding Gender Equality Common. It also comprehends Forms of Gender Discrimination in the Corporate Management. Read More

 

PUBLISHER DETAILS

BISHIKH MOHANTY,

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