LIJDLR

Volume II Issue IV

FUNDAMENTAL RIGHTS IN THE CONSTITUTION OF INDIA: AN ANALYSIS OF RELEVANT ARTICLES AND CASE LAWS

Volume II Issue IV /

FUNDAMENTAL RIGHTS IN THE CONSTITUTION OF INDIA: AN ANALYSIS OF RELEVANT ARTICLES AND CASE LAWS Khalid Ali Khan Afridi, LL.M. (Constitutional & Administrative Law) I Year (I Semester) Postgraduate Student at Faculty of Juridical Sciences, RAMA University, Kanpur, Uttar Pradesh. Mohammad Tanveer, LL.M. (Constitutional & Administrative Law) I Year (I Semester) Postgraduate Student at Faculty of Juridical Sciences, RAMA University, Kanpur, Uttar Pradesh. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.45 This research paper aims to analyze the fundamental rights granted by the Constitution of India which play a vital role in protecting and safeguarding the individual rights of citizens. The paper explores the relevant articles and case laws pertaining to these rights to provide a comprehensive understanding of their significance in Indian constitutional law. The Constitution of India under Part III guarantees fundamental rights to all citizens. These rights are essential for the promotion of social justice equality liberty and the overall well-being of individuals. This research paper focuses on the key fundamental rights enshrined in the Indian Constitution focusing on Articles 14, 19, 20-22, 32, etc. Article 14which provides for the Right to Equality ensures that the state shall not discriminate against any citizen on grounds of religion race caste sex or place of birth. The paper explores landmark cases like Maneka Gandhi v. Union of India which expanded the interpretation of this article ensuring equality before the law and equal protection of laws. Furthermore, the Right to Freedom guaranteed under Articles 19-22 establishes the freedoms of speech and expression, assembly, association, movement, and residence. Notable cases like Keshavananda Bharati versus State of Kerala and S.R. Bommai v. Union of India[9] have emphasized the significance of these freedoms in a democratic society. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 88-108. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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CYBER SECURITY IN INDIA: EVOLUTION AND IMPORTANCE

Volume II Issue IV /

CYBER SECURITY IN INDIA: EVOLUTION AND IMPORTANCE Khalid Ali Khan Afridi, L.L.M. (Constitutional & Administrative Law) I Year (I Semester) Postgraduate Student at Faculty of Juridical Sciences, RAMA University Kanpur Uttar Pradesh. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.44 With the rapid digitization of various sectors in India the need for strong cyber security measures has become paramount. India has made significant strides in strengthening its cyber security framework, with the establishment of the National Cyber Security Policy in 2013 and the formation of the Indian Computer Emergency Response Team (CERT-In). The government has also launched initiatives like the Cyber Swachhta Kendra and Cyber Surakshit Bharat program to raise awareness and provide protection tools. Collaborations with international organizations and governments have strengthened India’s defense mechanism. However, challenges remain, such as poor security infrastructure, inadequate training, and a shortage of skilled professionals. This research paper aims to serve as a comprehensive resource for policymakers, researchers and practitioners in the field of cyber security. This research paper also mentions the major provisions of legislative statutes including the Information Technology Act, 2000, The Aadhaar Act, 2016, etc. and landmark judgments including the cases Shreya Singhal v. Union of India, Justice K.S. Puttaswamy (Retired) v. Union of India, etc. for drawing an idea about what is being protected by the statutes, what the statutes can allow or prohibit and under which provisions they can be claimed or challenged. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 66-87. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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BIOLOGICAL WARFARE AND PUBLIC HEALTH: PREPAREDNESS AND RESPONSE STRATEGIES

Volume II Issue IV /

BIOLOGICAL WARFARE AND PUBLIC HEALTH: PREPAREDNESS AND RESPONSE STRATEGIES Harsh Verma, Student at Galgotias University. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.43 Biological warfare, or the deliberate use of biological agents against enemies, has been a crucial concern for national security and public health. While technological development in biotechnology offers a potential channel through which biological agents can be developed and released in a very dangerous mounting danger of bioterrorism and state-sponsored attacks, this paper discusses the current understanding of how to deal with and respond to biological warfare measures through international collaborations that enable legal frameworks and public health infrastructures necessary to mitigate them. The paper critically analyses the extant biosecurity arrangements, including the Biological Weapons Convention and national laws, such as India’s Epidemic Diseases Act, of 1897. It also pointed out the significant gaps in these laws, more specifically, the lack of enforcement mechanisms and many provisions of the regulations, which seem to be archaic. On the other hand, biotechnology research also faces the dual-use dilemma wherein scientific gains made for defense purposes can turn out to be utilized for offensive purposes, thus posing ethical and security issues. The findings indicate that much ground has been covered on matters of biosecurity, but the current frameworks are not satisfactory for dealing effectively with emerging threats. These set up recommendations, like updating legal frameworks, increasing investment in research and development, and stepping up international cooperation. These factors are very instrumental in ensuring the attainment of a resilient global biosecurity environment responsive to outbreaks that are naturally caused and those originating from deliberate biological attacks. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 47-65. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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FROM GURUKULA TO GLOBAL CLASSROOM: A HISTORI-CAL STUDY OF SOCIO-CULTURAL FOUNDATIONS OF THE INDIAN EDUCATION SYSTEM

Volume II Issue IV /

FROM GURUKULA TO GLOBAL CLASSROOM: A HISTORI-CAL STUDY OF SOCIO-CULTURAL FOUNDATIONS OF THE INDIAN EDUCATION SYSTEM Rutvij Vyas, Third-year law student at the Faculty of Law, GLS University Ved Vyas, Third-year Student at Karnavati University Download Manuscript doi.org/10.70183/lijdlr.2024.v02.42 This research paper delves into a deep tapestry of understanding the historical development of transmission methods of knowledge. Education is the process of acquiring knowledge, skills, and value through various learning methods, wherein the education system is a formal instrument of education application in society. As per Swami Vivekananda, ‘Education is the manifestation of perfection already in man’.  Human resources and its management play a vital role in the development of the national economy, and thereby, the paper also highlights the significant role education has played in the Indian economy from time immemorial. This paper explores the historical evolution of India’s education system from early human civilization to the new national education policy of 2020. The paper relies on dates of history and its effect on the people, culture, and social order. One of the major aims of the authors is to rationally elucidate the role of the education system in the corresponding development of a complex organic society, emphasizing the development of the education system and its role in creating social cohesion, assimilation, and solidarity. The paper highlights with time, the curricula of education also change, from teaching astronomy, warfare, language, and philosophy of religions to physics, mathematics, sociology, psychology, and data science. The paper highlights the importance of a national education policy, furthermore, providing Suggestions to improve the current education system following the 5 points program. Overall, this paper provides brief introductory research on the development of education in India from pre-historical times to modern-day cutting-edge educational systems, showing the shift of education from gurukul to global citizens. The authors dedicate the research paper to the scholars, philosophers, and teachers who have played their role in the education system and its development since time immemorial. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 33-46. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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TRANSFORMATIVE JUSTICE: JUDICIAL ACTIVISM AS A CATALYST FOR CONSTITUTIONAL EVOLUTION IN INDIA

Volume II Issue IV /

TRANSFORMATIVE JUSTICE: JUDICIAL ACTIVISM AS A CATALYST FOR CONSTITUTIONAL EVOLUTION IN INDIA Saara Upadhyaya, B.A.LL.B student at Kalinga Institute of Industrial Technology, School of Law. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.41 In an era where the boundaries of rights and governance are constantly tested, judicial activism emerges as a significant force for constitutional interpretation, reshaping the landscape of justice and democracy. The necessity of Judicial Activism is prevalent in all the cases where there is a want of justice that is not legislated by a specific law but is established through constitutional principles. This paper aims to explore and discuss the role of judicial activism in the interpretation of the Constitution. It highlights the important features of judicial activism in establishing constitutional law in India and also discusses its types. It also discusses how judicial activism differs across various countries and legal systems and gives a Comparative analysis of judicial activism between India, Pakistan, South Africa, Canada, and the USA. This study throws light on how two distinct philosophies, i.e. judicial activism and judicial restraint differ in interpreting the Constitution in their ways. This paper discusses and analyses some of the most prominent case laws like Keshavananda Bharathi vs State of Kerala, Golakhnath vs State of Punjab, and Vishaka vs. State of Rajasthan that shaped judicial activism in India. This study reflects on the importance of maintaining a judicious approach to activism within the judiciary while upholding constitutional values. It concludes with recommendations and highlights the importance of judiciary intervention in the Constitution. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 17-32. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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ESG REGULATIONS: CORPORATE INDIA’S EXPEDITION TOWARDS A SUSTAINABLE FUTURE

Volume II Issue IV /

ESG REGULATIONS: CORPORATE INDIA’S EXPEDITION TOWARDS A SUSTAINABLE FUTURE Shivam Bhattacharya, Pursuing LL.M. from Gujarat National Law University, Gandhinagar Download Manuscript doi.org/10.70183/lijdlr.2024.v02.40 The Covid-19 pandemic is the first demonstration of sustainability that can be considered definite. The expeditious growth of regulation relating to ‘Environmental, Social and Governance’ (hereinafter referred to as “ESG”) regulations post-the pandemic demonstrates that environmental, social, and governance investing is not only cost-neutral but also has the potential to safeguard capital and even increase profits while contributing to a more desirable future for the companies. These requirements have also received immense support from the investors on the basis that in the future companies would look towards taking measures to protect the longer-term interests of the shareholders.[1] These regulations have become even more significant in recent times due to their emphasis on tackling climate change by Indian corporations. Keeping this as the backdrop, one of the primary objectives of the paper would be to assess the role of frameworks such as the Business Responsibility and Sustainability Report (BRSR) in driving ESG adoption, including its limitations and impact on corporate governance. The paper will also attempt to identify key challenges, such as greenwashing and regulatory gaps, and propose recommendations for enhancing ESG implementation in India. The present paper begins with a brief introduction to the concept of ESG along with its importance to Indian corporate entities. The journey from implementing ‘CSR’, which was ‘corporate social responsibility’ to ESG’ by Indian companies is also briefly tracked to highlight the significance of these guidelines. The paper then delves into the implementation and compliance of these guidelines by the companies and provides a detailed overview and analysis of the measures being taken by these companies to achieve the objectives laid out. The preceding analysis will be utilized to dissect the existing issues and challenges facing Indian corporations in achieving these objectives of ESG, and the suggested remedial steps which need to be taken. The paper ends with the way forward for India and a brief conclusion. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 01-16. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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