LIJDLR

Volume I Issue III

Alternative Dispute Resolution Mechanism In India: Limitations And Recommendations

Volume I Issue III /

ALTERNATIVE DISPUTE RESOLUTION MECHANISM IN INDIA: LIMITATIONS AND RECOMMENDATIONS Khalid Ali Khan Afridi, Undergraduate student at PSIT Kanpur Download Manuscript ABSTRACT Alternative Dispute Resolution (ADR) mechanisms have gained significant importance in India as an alternative to traditional litigation methods for resolving disputes. This research paper aims to critically analyze the effectiveness of ADR mechanisms in the Indian context and highlight their advantages and limitations. The paper begins by providing an overview of the ADR mechanisms commonly used in India including negotiation mediation arbitration and conciliation. It explores the legal framework governing ADR in the country with specific emphasis on the Arbitration and Conciliation Act of 1996 and the Mediation and Conciliation Rules of 2004. Firstly, it evaluates the accessibility of ADR mechanisms and analyzes whether they provide a cost-effective and time-efficient alternative to litigation. Secondly the paper explores the level of awareness and acceptance of ADR among various stakeholders including legal professionals, judges and litigants. It also delves into the role played by the Indian judiciary in promoting ADR and reducing the burden on courts. Additionally, the research paper critically evaluates the efficiency and enforceability of ADR outcomes in India. It analyzes the credibility and impartiality of ADR practitioners the quality of their training and accreditation and the enforceability of ADR awards and settlements. Furthermore, the paper considers the role of technology in supporting ADR processes and the potential challenges associated with its implementation. The paper also highlights the advantages of ADR mechanisms in India such as confidentiality flexibility and preserving relationships between parties. Lastly, the research paper identifies certain limitations and challenges that hinder the widespread adoption of ADR mechanisms in India. These include a lack of awareness and education resistance from certain sections of the legal community inconsistent judicial support and the need for a robust infrastructure to support ADR processes. This research paper provides a comprehensive analysis of the alternative dispute resolution mechanisms in India exploring their effectiveness advantages limitations and the challenges they face. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue III, Page 136- 151. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content Alternative Dispute Resolution Mechanism In India: Limitations And Recommendations Parallel Paths: Analysing The Overlapping Jurisdiction Of Cci And Sectoral Regulators In India CONTEMPORARY CONSTITUTIONAL CHALLENGES IN INDIA : AN ANALYSIS OF KEY ISSUES ADMINISTRATION OF A NON-GOVERNMENTAL ORGANISATION ENVIRONMENTAL LAWS IN INDIA: A COMPREHENSIVE ANALYSIS​ UNIFORM CIVIL CODE ( UCC ) :- APPLICATION & IMPLEMENTATION

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Parallel Paths: Analysing The Overlapping Jurisdiction Of Cci And Sectoral Regulators In India

Volume I Issue III /

PARALLEL PATHS: ANALYSING THE OVERLAPPING JURISDICTION OF CCI AND SECTORAL REGULATORS IN INDIA Shivani Baskar, Student at Symbiosis Law School, Hyderabad, Symbiosis International (Deemed) University, Pune. Vranda Rellan, Student at Symbiosis Law School, Hyderabad, Symbiosis International (Deemed) University, Pune. Download Manuscript ABSTRACT In India, the coexistence of competition regulation through the Competition Commission of India (CCI) and sector-specific regulation by various sectoral regulators has given rise to a complex regulatory landscape. This abstract provides a glimpse into the challenges and dynamics of the overlapping jurisdiction between CCI and sectoral regulators, focusing on its impact on competition enforcement and regulatory coherence. The Indian regulatory framework is characterized by the presence of independent sectoral regulators for diverse industries such as telecom, energy, and financial services, each with its own set of laws and regulations. In parallel, the CCI was established to promote and maintain competition in the market, ensuring a level playing field and preventing anti-competitive practices. This dual regulatory structure sometimes leads to conflicts and overlaps in jurisdiction, creating uncertainty for businesses and stakeholders. This study delves into the key issues arising from the coexistence of CCI and sectoral regulators. It explores cases where disputes have arisen, leading to legal battles and questions regarding the boundaries of their authority. Moreover, it investigates the potential consequences of these conflicts on market competition, innovation, and consumer welfare. The research also examines the regulatory gaps that may emerge due to this duality, as well as the challenges in achieving regulatory consistency and coherence. It highlights the need for a harmonized approach to competition enforcement and sector-specific regulation to strike a balance between promoting competition and achieving sectoral policy objectives. The coexistence of CCI and sectoral regulators in India presents a multifaceted regulatory landscape with inherent challenges. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue III, Page 113- 135. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content Parallel Paths: Analysing The Overlapping Jurisdiction Of Cci And Sectoral Regulators In India CONTEMPORARY CONSTITUTIONAL CHALLENGES IN INDIA : AN ANALYSIS OF KEY ISSUES ADMINISTRATION OF A NON-GOVERNMENTAL ORGANISATION ENVIRONMENTAL LAWS IN INDIA: A COMPREHENSIVE ANALYSIS​ UNIFORM CIVIL CODE ( UCC ) :- APPLICATION & IMPLEMENTATION TOWARDS INCLUSIVITY: EXPLORING THE ADDITION OF SAME-SEX MARRIAGE TO THE SPECIAL MARRIAGES ACT

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CONTEMPORARY CONSTITUTIONAL CHALLENGES IN INDIA : AN ANALYSIS OF KEY ISSUES

Volume I Issue III /

CONTEMPORARY CONSTITUTIONAL CHALLENGES IN INDIA : AN ANALYSIS OF KEY ISSUES Isha Bharti, B.B.A., LL. B(Hons)- 3rd year, CMR University – School of legal studies. Download Manuscript ABSTRACT Indian constitutional law combines ancient legal doctrines with innovative administrative practices. In recent years, India has faced significant contemporary challenges within its constitutional framework. These issues have garnered global attention. This article aims to analyse these modern challenges and their impact on India’s constitutional laws, providing a comprehensive understanding of the current state of constitutional law in India. The initial discussion in this article explores the essence of constitutional law and its significance in India. Subsequently, it delves into key contemporary issues governed by constitutional law, including the Citizenship Amendment Act, Article 370, the Uniform Civil Code, Reservation Policies, and explores concepts such as morality, human rights, technology, privacy, and the role of the judiciary. In essence, this article offers insights into the complex interplay of tradition and innovation in Indian constitutional law, providing a deep understanding of the challenges and opportunities that shape the nation’s constitutional landscape. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue III, Page 97- 112. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content CONTEMPORARY CONSTITUTIONAL CHALLENGES IN INDIA : AN ANALYSIS OF KEY ISSUES ADMINISTRATION OF A NON-GOVERNMENTAL ORGANISATION ENVIRONMENTAL LAWS IN INDIA: A COMPREHENSIVE ANALYSIS​ UNIFORM CIVIL CODE ( UCC ) :- APPLICATION & IMPLEMENTATION TOWARDS INCLUSIVITY: EXPLORING THE ADDITION OF SAME-SEX MARRIAGE TO THE SPECIAL MARRIAGES ACT A FOCUS ON MINIMIZING POTENTIAL RISKS BY PROCEEDING UNDER A BILATERAL OR MULTILATERAL TREATY INSTEAD OF A CONTRACT

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ADMINISTRATION OF A NON-GOVERNMENTAL ORGANISATION

Volume I Issue III /

ADMINISTRATION OF A NON-GOVERNMENTAL ORGANISATION Janani Gayathri. B. J, Student at School of excellence in law, Tamil Nadu Dr Ambedkar Law University. Download Manuscript ABSTRACT A Non-governmental organisation is a voluntary association of people who engage in some social works. The Ngo’s do not concentrate on the profits. The Ngo’s are formed based on an objective; these objectives are basically welfare oriented in nature. These Ngo’s have their own rules, regulations and bye laws based on which they carry out their affairs. The financial support for these Ngo’s are rose through collecting funds from public, donations from various companies, funds from various international organizations and etc. In recent trends the Ngo plays an important role in the political and economic sphere of a nation and these Ngo’s have a role to play in the international politics as a pressure group or as an interest group or as the voice of public i.e public opinion, in India it is considered to be an effective tool in raising issues in the name of public opinion. The typical structure of an Ngo is similar to that of the company where a group of people known as trustees/boards hold the position similar to that of the directors. The non-governmental organization has a detailed delegation of their authority from the top board to the member of the organization. The Ngo’s are recognized as a citizen in India and possess the rights to file a writ petition. The growth of Ngo as a whole has seen a tremendous impact in the way of governance and in the minds of the people. This proved to be a 4th branch of the government in the modern world.  Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue III, Page 70- 84. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content ADMINISTRATION OF A NON-GOVERNMENTAL ORGANISATION ENVIRONMENTAL LAWS IN INDIA: A COMPREHENSIVE ANALYSIS​ UNIFORM CIVIL CODE ( UCC ) :- APPLICATION & IMPLEMENTATION TOWARDS INCLUSIVITY: EXPLORING THE ADDITION OF SAME-SEX MARRIAGE TO THE SPECIAL MARRIAGES ACT A FOCUS ON MINIMIZING POTENTIAL RISKS BY PROCEEDING UNDER A BILATERAL OR MULTILATERAL TREATY INSTEAD OF A CONTRACT IMPACT OF ARTIFICIAL INTELLIGENCE ON LABOR RIGHTS AND JOB DISPLACEMENT

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ENVIRONMENTAL LAWS IN INDIA: A COMPREHENSIVE ANALYSIS​

Volume I Issue III /

ENVIRONMENTAL LAWS IN INDIA: A COMPREHENSIVE ANALYSIS Khalid Ali Khan Afridi, IV Year (VII Semester) student at P.S.I.T. College of Law, C.S.J.M. University Kanpur Download Manuscript ABSTRACT Environmental degradation is a global concern and India as one of the most populous nations with rapid industrialization and urbanization faces significant environmental challenges. This research paper provides an in-depth analysis of environmental law in India encompassing various key aspects including legislation legal framework constitutional provisions case laws and significant developments. This research paper presents a comprehensive understanding of the legal mechanisms aimed at protecting and conserving the environment in India. This research paper highlights base of the environmental laws enshrined in the Constitution of India under Article 48A and Article 51A (g). Further, the research paper highlights the objectives and intent of the legislative body behind the introduction of environmental laws in India. Moreover, it provides information of the major statutes of India including The Environment (Protection) Act, 1986, The Water (Prevention and Control of Pollution) Act, 1974, The Air (Prevention and Control of Pollution) Act, 1981, The National Green Tribunal Act, 2010, The Forest (Conservation) Act, 1980 and The Wildlife Protection Act, 1972.  Further, the paper defines how the Indian judiciary has played a crucial role in safeguarding these laws and ensuring their effective implementation. Additionally, it talks about the several challenges with their recommendations that need to be addressed in order to ensure the effective implementation of environmental laws. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue III, Page 31- 48. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content ENVIRONMENTAL LAWS IN INDIA: A COMPREHENSIVE ANALYSIS​ A FOCUS ON MINIMIZING POTENTIAL RISKS BY PROCEEDING UNDER A BILATERAL OR MULTILATERAL TREATY INSTEAD OF A CONTRACT IMPACT OF ARTIFICIAL INTELLIGENCE ON LABOR RIGHTS AND JOB DISPLACEMENT INTELLECTUAL PROPERTY THEFT- A NATIONAL SECURITY ISSUE FREEDOM OF SPEECH AND SOCIAL NETWORKING SITES: RIGHTS, RESTRICTIONS AND FUTURE PROSPECTS HARMONIZING DIVERSITY: THE QUEST FOR A UNIFORM CIVIL CODE

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UNIFORM CIVIL CODE ( UCC ) :- APPLICATION & IMPLEMENTATION

Volume I Issue III /

UNIFORM CIVIL CODE ( UCC ) :- APPLICATION & IMPLEMENTATION Vajahat Khan, 4th year BALLB (H) student at Jamia Millia Islamia. Mohammad Junaid Mahmood, 4th year BALLB (H) student at Jamia Millia Islamia. Download Manuscript ABSTRACT The concept of having a uniform or common set of civil rules for all citizens of a country, regardless of their religious beliefs or personal habits, is emphasized by the term “Uniform Civil Code” (UCC). It aims to replace India’s various personal laws, which are based on religious texts and apply to particular religious communities. In India, different religious communities, including Hindus, Muslims, Christians, and others, have different personal laws covering issues like marriage, divorce, inheritance, and adoption. These personal laws are governed by religious authority and are taken from religious literature. As a result, the legal systems used by various religious communities to handle civil disputes vary. A Uniform Civil Code’s supporters contend that by providing all citizens with a uniform legal system, it advances equality and justice. They contend that gender inequality and discrimination against women are caused by personal rules based on religion, notably in relation to divorce, inheritance, and maintenance. The possible interference with religious liberty and cultural variety is a point of contention for those opposed to a uniform civil code. They contend that personal laws should coexist with the general civil code since they are a crucial component of religious identity. Some claim that a Uniform Civil Code might be utilized to force the cultural norms of the dominant society on minority communities. For many years, there has been discussion about the introduction of a uniform civil code in India. Under the Directive Principles of State Policy in Article 44 of the Indian Constitution, a uniform civil code must be passed. However, due to political and societal factors, succeeding governments have not made any substantial progress toward its implementation. It is significant to remember that the idea of a uniform civil code is not exclusive to India and has been adopted by many other nations around the world. Establishing a secular legal system that upholds the values of equality, non-discrimination, and individual rights while honoring a country’s diversity is the goal. The principle of having a uniform set of laws governing personal concerns, such as marriage, divorce, inheritance, and property, for all individuals regardless of their religious views is the Uniform Civil Code’s (UCC) most important lesson from an Indian perspective. In a multicultural and diversified nation like India, the UCC seeks to advance equality, justice, and a more united judicial system. Its execution, though, has generated discussion and is still a complicated and divisive issue in Indian politics and society. ‘Unity and secularism will be the motto of the government. We can’t afford divisive polity in India.’ Manmohan Singh Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue III, Page 49- 69. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content ENVIRONMENTAL LAWS IN INDIA: A COMPREHENSIVE ANALYSIS​ UNIFORM CIVIL CODE ( UCC ) :- APPLICATION & IMPLEMENTATION TOWARDS INCLUSIVITY: EXPLORING THE ADDITION OF SAME-SEX MARRIAGE TO THE SPECIAL MARRIAGES ACT A FOCUS ON MINIMIZING POTENTIAL RISKS BY PROCEEDING UNDER A BILATERAL OR MULTILATERAL TREATY INSTEAD OF A CONTRACT IMPACT OF ARTIFICIAL INTELLIGENCE ON LABOR RIGHTS AND JOB DISPLACEMENT INTELLECTUAL PROPERTY THEFT- A NATIONAL SECURITY ISSUE

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TOWARDS INCLUSIVITY: EXPLORING THE ADDITION OF SAME-SEX MARRIAGE TO THE SPECIAL MARRIAGES ACT

Volume I Issue III /

TOWARDS INCLUSIVITY: EXPLORING THE ADDITION OF SAME-SEX MARRIAGE TO THE SPECIAL MARRIAGES ACT Govind Dhir, 4th year Student at TNNLU. Download Manuscript ABSTRACT In recent years, India has made progress in LGBTQIA+ rights, notably by legalizing consensual same-sex relationships in 2018 through the Navtej Singh Johar v. Union of India[1] ruling, which struck down Section 377 of the IPC. However, the article argues that more steps are needed to fully eliminate discrimination against same-sex couples. While the criminalization of homosexuality has been lifted, legal recognition for their relationships is still lacking. India’s existing marriage laws only recognize unions between heterosexual couples, leaving same-sex couples without benefits and legal acknowledgment. The article underscores the need for legal recognition of same-sex marriage in India to ensure full LGBTQIA+ equality and dignity, emphasizing the importance of societal acceptance and constitutional principles like Article 14. The article explores strategies for achieving legal recognition, including the adoption of ‘civil union’ as seen in other countries. Changing personal laws to recognize these unions may face opposition based on religious beliefs, making amendments to the Special Marriage Act of 1954 or introducing a new law governing the civil rights of same-sex couples more practical options. Activists and organizations continue to advocate for the legalization of same-sex marriage through legal challenges. Legalizing same-sex marriage is seen as a transformative step towards justice and inclusivity. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue III, Page 85- 96. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content ENVIRONMENTAL LAWS IN INDIA: A COMPREHENSIVE ANALYSIS​ UNIFORM CIVIL CODE ( UCC ) :- APPLICATION & IMPLEMENTATION TOWARDS INCLUSIVITY: EXPLORING THE ADDITION OF SAME-SEX MARRIAGE TO THE SPECIAL MARRIAGES ACT A FOCUS ON MINIMIZING POTENTIAL RISKS BY PROCEEDING UNDER A BILATERAL OR MULTILATERAL TREATY INSTEAD OF A CONTRACT IMPACT OF ARTIFICIAL INTELLIGENCE ON LABOR RIGHTS AND JOB DISPLACEMENT INTELLECTUAL PROPERTY THEFT- A NATIONAL SECURITY ISSUE

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A FOCUS ON MINIMIZING POTENTIAL RISKS BY PROCEEDING UNDER A BILATERAL OR MULTILATERAL TREATY INSTEAD OF A CONTRACT

Volume I Issue III /

A FOCUS ON MINIMIZING POTENTIAL RISKS BY PROCEEDING UNDER A BILATERAL OR MULTILATERAL TREATY INSTEAD OF A CONTRACT Chanakya Kene, Student of Law at Maharashtra National Law University Nagpur. Download Manuscript ABSTRACT The paper discusses the advantages of utilizing bilateral or multilateral treaties instead of contracts in international business. It specifically focuses on the various international agreements as an example of a treaty that establishes clear legal obligations and reduces potential conflicts between parties. The document argues that treaties provide greater legal certainty and stability for organizations, particularly in complex legal situations involving different parties. It highlights the disadvantages of depending solely on contracts, such as ambiguous terms and inadequate dispute resolution mechanisms. The document mentions that bilateral investment treaties have been controversial and calls for a review of the traditional model. It emphasizes the benefits of treaties, including the ability to regulate foreign direct investment and minimize risks. The paper concludes that negotiating treaties may require more effort, but they ultimately offer greater stability and minimize potential risks compared to contracts. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue III, Page 17- 30. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content A FOCUS ON MINIMIZING POTENTIAL RISKS BY PROCEEDING UNDER A BILATERAL OR MULTILATERAL TREATY INSTEAD OF A CONTRACT IMPACT OF ARTIFICIAL INTELLIGENCE ON LABOR RIGHTS AND JOB DISPLACEMENT INTELLECTUAL PROPERTY THEFT- A NATIONAL SECURITY ISSUE FREEDOM OF SPEECH AND SOCIAL NETWORKING SITES: RIGHTS, RESTRICTIONS AND FUTURE PROSPECTS HARMONIZING DIVERSITY: THE QUEST FOR A UNIFORM CIVIL CODE LEGALITY OF EUTHANASIA IN INDIA: RIGHT TO DIE WITH DIGNITY

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IMPACT OF ARTIFICIAL INTELLIGENCE ON LABOR RIGHTS AND JOB DISPLACEMENT

Volume I Issue III /

IMPACT OF ARTIFICIAL INTELLIGENCE ON LABOR RIGHTS AND JOB DISPLACEMENT Prakash Singh, Student, Narayan School of Law, Gopal Narayan Singh University, Sasaram, Bihar. Download Manuscript ABSTRACT The infusion of Artificial Intelligence (AI) into labor dynamics has brought about transformative shifts, spurring discussions on labor rights, the future of work, and ethical implications. This research paper delves into the intricate relationship between AI and labor rights, examining their impact on job displacement, ethical considerations, and proposing policies to harmonize AI advancements with worker protections. The analysis underscores the importance of data privacy, algorithmic transparency, and collective bargaining within the AI landscape. Real-world case studies provide global perspectives while comparing India’s stance to the approaches of the United States, Europe, and China. The paper endorses reskilling and upskilling initiatives as a means to empower workers for the evolving AI era and explores policy recommendations that strike a balance between AI benefits and labor rights. An assessment of the current legal framework highlights areas for enhancement to address data privacy and worker rights. Collaborative frameworks emerge as a crucial strategy to navigate the challenges posed by the AI-driven transformation. This research offers insights into the intricate dynamics AI introduces to labor and provides a roadmap for policy formulation, ensuring equitable outcomes in the era of the AI revolution. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue III, Page 01- 16. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content IMPACT OF ARTIFICIAL INTELLIGENCE ON LABOR RIGHTS AND JOB DISPLACEMENT INTELLECTUAL PROPERTY THEFT- A NATIONAL SECURITY ISSUE FREEDOM OF SPEECH AND SOCIAL NETWORKING SITES: RIGHTS, RESTRICTIONS AND FUTURE PROSPECTS HARMONIZING DIVERSITY: THE QUEST FOR A UNIFORM CIVIL CODE LEGALITY OF EUTHANASIA IN INDIA: RIGHT TO DIE WITH DIGNITY ANALYSIS ON MECHANISM OF CORPORATE GOVERNANCES IN INDIA

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