LIJDLR

Volume II Issue III

LIABILITY OF STATE: A COMPARATIVE STUDY OF VARIOUS COUNTRIES UNDER ADMINISTRATIVE LAW

Volume II Issue III /

LIABILITY OF STATE: A COMPARATIVE STUDY OF VARIOUS COUNTRIES UNDER ADMINISTRATIVE LAW Tasneem Banu T, The Tamilnadu Dr Ambedkar law University School of Excellence in Law Sabari Veera V, The Tamilnadu Dr Ambedkar law University School of Excellence in Law Download Manuscript doi.org/10.70183/lijdlr.2024.v02.29 This research offers an in-depth comparative analysis of the liability of the state under administrative law in India, with parallels drawn from comparable jurisdictions. The concept of state liability is crucial to holding governments accountable for wrongful acts or omissions, which directly affect citizens. In India, this principle has evolved through judicial interpretations and is subject to various limitations under the doctrine of sovereign immunity. This exploration investigates the historical development of state liability in India and contrasts it with approaches in countries like the United Kingdom, the United States, and France. By examining these comparative models, the paper seeks to understand the commonalities and divergences in how administrative law holds governments accountable for their actions. Particular attention is given to the distinction between sovereign and non-sovereign functions in Indian law, and how courts have interpreted this distinction in key cases. The article further discusses the role of public interest litigation and the judiciary in expanding the scope of state liability. Finally, the study proposes reforms aimed at enhancing the accountability mechanisms in Indian administrative law, while drawing lessons from other countries to ensure an effective framework for protecting citizens’ rights. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 491-502. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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ROLE OF SEBI IN CURBING MARKET MANIPULATION AND INSIDER TRADING

Volume II Issue III /

ROLE OF SEBI IN CURBING MARKET MANIPULATION AND INSIDER TRADING Md Jafar Ekbal, Chanakya National Law University, Patna Md Imran, Chanakya National Law University, Patna Download Manuscript doi.org/10.70183/lijdlr.2024.v02.28 This research paper examines the role of SEBI in keeping the securities market free from fraudulent activities like market manipulation and insider trading. SEBI has enacted several legislation and guidelines to curb these malpractices in the market but instead of that, there are lots of cases of market manipulation and insider trading that occurred in the past few years. Despite looking into numerous cases of insider trading over the past 20 years, SEBI has not been able to successfully convict many of them. The penalties are sometimes so minimal that any deterrent impact that the restrictions may have had is lost, even in cases where the offenders are apprehended and punished. This research paper starts by analyzing the SEBI ICDR Regulations in facilitating capital issuances and how it is protecting investors’ interests. Furthermore, it aims to descriptively analyze the SEBI Regulations regarding Insider Trading and Market Manipulation and how they help in curbing market manipulations. The researcher will also study the effectiveness of these regulations and whether these regulations are implemented or not. This paper further discusses the present surveillance mechanism and investigation procedure of SEBI in case of market manipulation and insider trading and tries to find out the ways through which these surveillance mechanisms and investigation procedures can be made more effective. Finally, this paper thoroughly analyzes the various challenges that SEBI faced while regulating the securities market, tries to identify potential areas for improvement, and suggests recommendations to enhance the effectiveness of SEBI in protecting the market from unfair practices. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 478-490. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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BALLOTS AND OBLIGATIONS: WEAVING POLITICAL DUTIES THROUGH VOTING

Volume II Issue III /

BALLOTS AND OBLIGATIONS: WEAVING POLITICAL DUTIES THROUGH VOTING Amitabh Kumar Saxena & Rahul Mishra Download Manuscript doi.org/10.70183/lijdlr.2024.v02.27 Voting is both a moral and rational activity that underpins democratic governance, raising fundamental questions about its ethical implications and individual rationality. The ethics of voting explores whether individuals are morally obligated to vote and what constitutes responsible voting behaviour. It involves considerations of justice, civic duty, and the common good, weighing the individual’s role in contributing to collective decision-making. On the other hand, rationality in voting questions the logic behind individual participation in elections, given the minuscule chance that one vote will affect the outcome. This paradox, often referred to as the “voter’s paradox,” challenges the motivation for voting from a purely self-interested, cost-benefit perspective. Theories of rational voting suggest that people may vote due to a sense of civic duty, social pressure, or expressive reasons, where the act of voting reflects an alignment with personal values rather than an expected influence on the election result. Thus, the rationality and ethics of voting intersect in complex ways, addressing the balance between individual autonomy and societal obligations in democratic participation. Understanding these dynamics is crucial for fostering meaningful engagement in political processes. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 456-477. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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CONSTITUTIONALISM AND THE PROGRESSION FROM FORMAL TO SUBSTANTIVE EQUALITY IN INDIA

Volume II Issue III /

CONSTITUTIONALISM AND THE PROGRESSION FROM FORMAL TO SUBSTANTIVE EQUALITY IN INDIA Vansh Saha, Chanakya Law College, Kumaon University, Nainital Download Manuscript doi.org/10.70183/lijdlr.2024.v02.26 The evolution of Indian constitutional law has undergone a remarkable transformation, moving from a rigid notion of formal equality, which mandates uniform treatment for all individuals under the law, to a more dynamic and nuanced understanding of substantive equality. Substantive equality recognizes that treating individuals equally does not always yield equitable outcomes, especially for those historically disadvantaged by systemic discrimination, such as Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). This shift is most evident in the judiciary’s approach to affirmative action policies and the constitutional provisions for reservations, aimed at addressing socio-economic inequalities and fostering inclusive growth. This paper delves into the Indian judiciary’s growing commitment to substantive equality, tracing its journey through landmark judgments. Beginning with Indra Sawhney v. Union of India, the paper examines the legal basis for reservations and the recognition of socio-economic backwardness as a criterion for affirmative action. The discussion extends to M. Nagaraj v. Union of India, where the Supreme Court upheld reservations in promotions but emphasized the need for quantifiable data to justify such measures, ensuring that affirmative action remained grounded in demonstrable need. The paper also explores State of Punjab v. Davinder Singh which raised questions about sub-categorization within marginalized communities. These cases highlight the tension between ensuring equitable distribution of benefits within SCs and STs and the risk of fragmenting collective identities. Through these judicial interpretations, the research traces how Indian constitutionalism has increasingly recognized the need for a more substantive approach to equality, one that actively seeks to remedy historical injustices while balancing the need for social cohesion. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 437-455. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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METHODS OF INTERPRETATION OF STATUTES AND THE RECENT TRENDS IN INTERPRETATION

Volume II Issue III /

METHODS OF INTERPRETATION OF STATUTES AND THE RECENT TRENDS IN INTERPRETATION Vrinda Yadav, B.A. LL.B (Hons) student at UPES, School of Law, Dehradun. Mradul Prakash Agnihotri, B.A. LL.B (Hons) student at UPES, School of Law, Dehradun. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.25 This research paper comprehensively explores the historical evolution of statutory interpretation, spanning from the Blackstonian era to the contemporary period. Emphasizing the vital role of statutory interpretation in the judiciary, the paper aims to unveil true legislative intent and deliver justice, addressing complexities, unforeseen circumstances, and linguistic ambiguities within statutes. Traditional methods such as Literal or Grammatical Interpretation, the Golden Rule, the Mischief Rule, and the Purposive Approach are scrutinized for their respective advantages and disadvantages, considering factors like alignment with legislative intent and flexibility. Recent trends in statutory interpretation, notably the recognition of compensation as a remedy for fundamental rights violations, are examined, along with the judiciary’s role in statutory interpretation through judicial review marked by judicial activism. The paper concludes by highlighting the transition from the Literal Rule to the more flexible Purposive Rule, emphasizing its efficacy in addressing logical defects and fostering justice across diverse situations. In essence, the research provides a nuanced understanding of statutory interpretation’s evolution, traditional methodologies, and contemporary trends, showcasing its dynamic and adaptive nature in the realm of judicial interpretation. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 416-436. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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DEFENDING HUMAN RIGHTS IN THE FIGHT AGAINST HUMAN TRAFFICKING AND REFUGEE EXPLOITATION

Volume II Issue III /

DEFENDING HUMAN RIGHTS IN THE FIGHT AGAINST HUMAN TRAFFICKING AND REFUGEE EXPLOITATION Oshin Johari, Advocate Download Manuscript doi.org/10.70183/lijdlr.2024.v02.24 The global refugee crisis and the proliferation of human trafficking represent two of the most pressing humanitarian challenges of our time. Often, these issues intersect, leaving refugees, already vulnerable, at heightened risk of exploitation by traffickers. This paper, titled “Trapped Between Borders: Navigating the Legal Labyrinth of Human Trafficking and Refugee Protection in International Law,” explores the intricate relationship between human trafficking and refugee flows, focusing on how current international legal frameworks address—or fail to address—the dual vulnerabilities faced by trafficked refugees. Drawing on case studies from conflict zones and regions with significant refugee movements, this paper critically examines the effectiveness of existing international instruments, such as the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons (Palermo Protocol) and the 1951 Refugee Convention. It highlights the legal gaps and enforcement challenges that leave many trafficked refugees without adequate protection or recourse. The paper argues for a more integrated approach to international law, one that acknowledges the complex realities faced by refugees who are victims of trafficking. By proposing legal reforms and enhanced international cooperation, this study seeks to contribute to the development of more robust protections for some of the world’s most vulnerable populations, ensuring that they are not merely trapped between borders but are provided with the comprehensive support and justice they deserve. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 396-415. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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LEGAL BONDS AND BREAKS: COMPARATIVE PERSPECTIVES ON MARRIAGE AND DIVORCE LAWS IN THE USA AND INDIA

Volume II Issue III /

LEGAL BONDS AND BREAKS: COMPARATIVE PERSPECTIVES ON MARRIAGE AND DIVORCE LAWS IN THE USA AND INDIA Jaydeep Findoria, Gujarat National Law University, Gandhinagar Download Manuscript doi.org/10.70183/lijdlr.2024.v02.23 This is a comparative analysis of the complex legal structures surrounding marriage and divorce in the United States and India. Therefore, this research digs into the different marital arrangements recognized in both countries, procedural intricacies surrounding divorce cases, and the hurdles that come with cross-border divorces. The paper will revolve around the play of structures of law, cultural norms, and societal values against the tapestry of changing nature of matrimonial relationships and their dissolution between the two nations. Central themes discussed include issues relating to jurisdictional considerations, recognition of foreign decrees, and the legal precedents that cut across divorces across borders. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 388-395. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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ANALYSING THE IMPACT OF THE SARFAESI ACT ON THE RECOVERY RATES OF NPAs IN INDIAN BANKS

Volume II Issue III /

ANALYSING THE IMPACT OF THE SARFAESI ACT ON THE RECOVERY RATES OF NPAs IN INDIAN BANKS Eeshan Mishra, Student at Institute of Law, Nirma University Download Manuscript doi.org/10.70183/lijdlr.2024.v02.22 The SARFAESI ACT 2002, a shift to corporate governance was one of the major structural reforms introduced to control non-performing assets (NPAs) in Indian banking. The SARFAESI Act commenced in 2002 and was a significant shift to the management of NPAs since it empowered banks and financial institutions to recover secured loans without undergoing the conventional legal formalities required to undertake it through legal procedures. In this research, the effect of the SARFAESI Act on NPA management from 2002 up to 2022 has been evaluated through the analysis of data derived from official financial reports and through a set of non-numerical data derived from members of the banking industry. In the same period, the NPAs’ recovery rate by the SARFAESI Act was higher due to the speedy disposal of bad assets eliminating the legal proceedings largely. Nevertheless, some problems like unclear legislation, an excessive amount of applicable legislation that can take months to study and recognize what can be applied in practice, and borrowers’ resistance have often hindered the efficiency of the recovery procedure. The study also analyzes the SARFAESI Act with other NPA resolution mechanisms such as the Debt Recovery Tribunals and Lok Adalat which depicts the efficiency of each and thereby opines that integrating SARFAESI with the mechanism as mentioned earlier could fill some of the said gaps. The study proves that there is a need to make continual amendments to the provisions of the SARFAESI Act to meet changing financial milieu and challenges thereby addressing any gaps that may be created. The following are the effective implementation strategies that are central to the enhancement of the benefits of the Act with relevance to adequate functionality: On balance, despite the substantial enhancement of the recovery rates of NPAs in Indian banks, there is a continuous need for the process of SARRFAESI Act’s assessment and improvement. The study benefits the existing literature on financial sector reforms and could serve as a reference to policymakers and banking organizations that are aiming to enhance how NPAs are managed and enhance the efficiency of the banking sector. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 365-387. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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CYBER FORENSIC AND CRIME INVESTIGATION

Volume II Issue III /

CYBER FORENSIC AND CRIME INVESTIGATION Harini K, LLM- I Year (Criminal law and criminal justice administration) Tamil Nadu Dr. Ambedkar Law University- School of Excellence in Law Download Manuscript doi.org/10.70183/lijdlr.2024.v02.21 Cyber forensics, often called digital forensics, is essential in modern crime investigations. It provides the methods & strategies to gather, analyze, and safeguard digital evidence. This field’s significance has grown as digital crimes have become more complex and frequent. It includes activities like hacking, identity theft, financial fraud, cyberstalking, and even cyberterrorism. The main purpose of cyber forensics is to aid legal proceedings by ensuring that digital evidence is valid, dependable & usable in court. The admissibility of digital evidence is also a matter of concern for its probative value is called into question upon evidence is prone to be tampered.  It combines knowledge from computer science, legal studies, and investigative techniques to find and document digital traces left by criminals. Cyber forensics includes various sub-disciplines: computer forensics, network forensics, mobile device forensics & cloud forensics. Each one deals with specific challenges related to different types of digital evidence. Experts in cyber forensics use special tools & software to perform tasks like disk imaging, data carving, malware analysis, and timeline reconstruction. These tasks are crucial for understanding the sequence of events in a digital crime. Nonetheless, the field encounters many challenges. Technology evolves rapidly; cybercriminals become more sophisticated; legal restrictions related to data privacy & jurisdictional issues create obstacles. Advanced technologies such as encryption and anonymization test the ability of forensic experts to gather meaningful evidence. Moreover, the international nature of cybercrime often entails complicated legal structures that demand cross-border cooperation & compliance with diverse laws and regulations. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 335-364. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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THE STATUS QUO OF SOVEREIGNTY IN SPACE EXPLORATION

Volume II Issue III /

THE STATUS QUO OF SOVEREIGNTY IN SPACE EXPLORATION Shivam Kumar Gupta, Student at School of Law, Bennett University Dr. Preeti Singh, Student at School of Law, Bennett University Download Manuscript doi.org/10.70183/lijdlr.2024.v02.20 Everyone is constantly curious about outer space. We can track space travel back to prehistoric times. From historical to modern individuals are known to be fascinated by the motions and activity of the planets and stars for life journey predictions.  Thus, these celestial bodies in space have had a significant impact on life predictions. The exploration of space has gained impetus in recent decades. Even space exploration is of great interest to private players. The goal of space exploration is to benefit humanity, and this is being pursued by government, public-private, and private initiatives. The question of sovereignty in space or over celestial bodies comes up in light of these advancements in space activity. Humans have visited the moon thus far. The story of the first man landing on the moon is widely known. The act of setting foot on the moon also calls into question who should have sovereignty over the celestial bodies in space. The authors of the paper researched the subject of celestial body sovereignty and attempted to determine its current state. To understand sovereignty, the authors have researched international space law treaties. Sovereignty is a critical issue in space law, so it is important to understand its status quo. The doctrinal analysis of secondary texts that are in the public domain led to the creation of this paper. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 327-334. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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