LIJDLR

Constitution

FROM MAGNA CARTA TO MODERN INDIA: THE JOURNEY AND TRANSFORMATION OF FUNDAMENTAL RIGHTS

Volume II Issue III /

FROM MAGNA CARTA TO MODERN INDIA: THE JOURNEY AND TRANSFORMATION OF FUNDAMENTAL RIGHTS Parul Bhalla, BA. LLB. (Hons.)/ 3rd Year/ 5th Semester Student. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.5 The concept of Fundamental Rights, deeply embedded in the Indian Constitution, is the cornerstone of democratic governance, ensuring the dignity and liberty of its citizens. This research paper traces the historical development of Fundamental Rights in India, from their ideological roots in documents like the Magna Carta and the American Bill of Rights to their formal incorporation into the Indian Constitution following the country’s independence. The drafting committee, led by Dr. B.R. Ambedkar, meticulously tailored these rights to suit the unique socio-political context of India, aiming to protect individual liberties against governmental excesses. The Indian judiciary, particularly the Supreme Court, has played a significant role in interpreting and expanding these rights through landmark judgments such as Kesavananda Bharati v. State of Kerala and K.S. Puttaswamy v. Union of India. It has stood true to the nomenclature of being the third pillar of the state machinery and, has time and again proven the need of the judicial system. Major Constitutional Amendments, including the 42nd and 44th Amendments, have influenced the scope and application of Fundamental Rights. The evolution of Article 21, encompassing rights such as privacy, a clean environment, and cultural heritage, exemplifies the judiciary’s proactive stance in broadening the ambit of Fundamental Rights. Additionally, the paper explores emerging challenges and potential areas for future expansion, focusing on the rights of marginalized communities, environmental protection, and technological advancements. It argues for a dynamic interpretation of Fundamental Rights, one that adapts to the changing socio-economic and political realities of contemporary India. By analyzing the interplay between historical precedents, judicial activism, and legislative actions, this paper highlights the enduring significance of Fundamental Rights in safeguarding individual freedoms and promoting social justice in India. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 50-66. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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JUDICIAL REVIEW AND ITS IMPACT ON CONSTITUTIONAL INTERPRETATION-AN OVERVIEW

Volume II Issue II /

JUDICIAL REVIEW AND ITS IMPACT ON CONSTITUTIONAL INTERPRETATION-AN OVERVIEW Naveena K, Student at Chettinad School Of Law,Chennai Download Manuscript ABSTRACT This legal research paper, which focuses specifically on India, gives an outline of judicial review and how it affects constitutional interpretation. A key component of the Indian Constitution, judicial review is essential to the functioning of the political system. The purpose of the paper is to look at how judicial review and constitutional change are related. It also looks at how judicial review has historically developed in various constitutional systems, looks at case studies that show how judicial review affects constitutional interpretation, and evaluates how it affects the balance of power between the three branches of government. The primary research approach utilized is doctrinal in nature, involving an examination of legal provisions, case laws, and academic literature. The study comes to the conclusion that judicial review has a big impact on how the constitution is interpreted and that it can eventually change how constitutional ideas are understood and applied. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 260-270. 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 SCOPE OF JUDICIAL REVIEW IN CONTEMPORARY ISSUES

Volume II Issue II /

ANALYSING THE SCOPE OF JUDICIAL REVIEW IN CONTEMPORARY ISSUES Arka Biswas, Student at Guru Gobind Singh Indraprastha University Download Manuscript ABSTRACT As a keystone of constitutional democracy, judicial review plays a very important role in safeguarding the rule of law and protecting fundamental rights. This research paper aims to take a deeper look at the scope and ambit of judicial review of contemporary issues, exploring its advantages and challenges in today’s legal environment. It addresses concerns about the role of the judiciary, the distribution of powers, and the delicate balance between the judiciary and other branches of government. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 67-91. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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POLICE BRUTALITY IN INDIA: ITS IMPACT ON INDIVIDUALS AND THEIR RIGHTS

Volume II Issue I /

POLICE BRUTALITY IN INDIA: ITS IMPACT ON INDIVIDUALS AND THEIR RIGHTS Hiral Vora, Semester 10 Student at United world School of Law, Karnavati University. Download Manuscript ABSTRACT Police brutality in India is a pressing issue that reflects a systemic failure within the Indian police system. This dissertation delves into the pervasive nature of police misconduct, including illegal detentions, abuse, and torture, highlighting that these practices are not isolated incidents but deeply ingrained within the system. It emphasizes that addressing police brutality requires more than just attributing it to a few “bad apples” but necessitates comprehensive reform of the entire system. Beyond the immediate physical harm caused, police brutality violates fundamental human rights and erodes trust between law enforcement and the public. The dissertation aims to investigate instances of police brutality, analyze accountability mechanisms, and recommend ways to prevent violations and enhance police accountability. Research questions explore the influence of race and ethnicity on experiences of police brutality, the impacts on victims, legal remedies available, societal consequences, effectiveness of training and policies, and international approaches to addressing this issue. The hypothesis posits that police brutality negatively affects individuals, violating their rights and fostering fear and mistrust. Through a quantitative methodology involving literature analysis and media reports, this study seeks to provide insights into the complex dynamics of police brutality in India. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 306-351. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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CONSTITUTIONAL IMPERATIVES AND GLOBAL PERSPECTIVES: A COMPREHENSIVE LEGAL ANALYSIS, SOCIO-POLITICAL AND ECONOMIC EXPLORATION OF SAME-SEX MARRIAGE RECOGNITION IN INDIA

Volume II Issue I /

CONSTITUTIONAL IMPERATIVES AND GLOBAL PERSPECTIVES: A COMPREHENSIVE LEGAL ANALYSIS, SOCIO-POLITICAL AND ECONOMIC EXPLORATION OF SAME-SEX MARRIAGE RECOGNITION IN INDIA Disha, Ph.D. Scholar | Senior Research Fellow, Dr. K. R. Narayanan Centre for Dalit and Minorities Studies, Jamia Millia Islamia, New Delhi, India Download Manuscript ABSTRACT This paper presents a comprehensive analysis of the legal arguments and potential impacts surrounding the recognition of same-sex marriage in India. Grounded in constitutional provisions guaranteeing equality, non-discrimination, and the right to personal liberty, the study examines the inconsistency between current laws and constitutional mandates. Through a meticulous exploration of global precedents and international human rights law, it underscores the imperative for India to align its legal framework with evolving societal values and global standards. Drawing upon landmark judicial decisions like Navtej Singh Johar v. Union of India (2018), which decriminalized homosexuality, the paper advocates for a progressive interpretation of the Constitution to ensure marriage equality for all citizens. It highlights the significance of recognizing same-sex marriage not only as a matter of social justice but also as a means to strengthen India’s democratic ideals and soft power on the global stage. Moreover, the paper discusses the potential economic benefits associated with recognizing same-sex marriage, emphasizing its role in unlocking the economic potential of the LGBTQ+ community and fostering a more inclusive workforce. The paper concludes with recommendations for legislative reform, calling for amendments to existing marriage laws or the introduction of new legislation to provide legal clarity and ensure equal rights for same-sex couples. Overall, this paper serves as a timely contribution to the ongoing discourse on LGBTQ+ rights in India, advocating for a more inclusive and egalitarian society guided by principles of equality, liberty, and justice for all. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 288-305. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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‘ARREST’ IN INDIA: 360 ANALYSIS

Volume I Issue II /

‘ARREST’ IN INDIA: 360° ANALYSIS Kritika, Student at Army Institute of Law. Gitesh Kumar, Post Graduate- LLM (Punjabi University). Download Manuscript ABSTRACT India witnesses staggering number of arrests, prompting public and legal dialogues. These encompass the arrests of over 2,000 persons for child marriages in Assam, a Union Minister for his remark against a Chief Minister, a businessman for his involvement in a pornographic racket, a Sikh separatist for his campaign for Khalistan, and a former CEO of a private bank for her role in a loan fraud case. These arrests have engendered various issues pertaining to the grounds, procedure, rights and accountability of the arrested persons and the arresting authorities, as well as the social and ethical ramifications of their actions. The article contemplates the power to arrest an individual under the Code of Criminal Procedure, 1973 (hereinafter referred as ‘the CrPC, 1973’). The Rule of Necessity is the basis for arrest, which aims to strike a balance between the societal interest of having a justiciable order in the nation and the individual interest of Right to Life and Personal Liberty. The article also delves into the Constitutionality of Arrest under the Constitution of India, 1950 (for brevity, the Constitution) vis-à-vis the Right to Freedom under Article 19 and the Right to Life and Personal Liberty under Article 21.            The article also elucidates upon the grounds and circumstances for arrest as per the CrPC, 1973 vary depending on whether the case is cognisable or non-cognisable, and whether the arrest is made by the police, a private person or a Magistrate. The article also emphasizes that regardless of the method of detention, the essential entitlements of the arrestee, such as the Right to Life and the equitable adherence to post-arrest procedure including Medical Examination, must be honoured and preserved by the authorities in conformity with the instructions established by the Hon’ble Supreme Court. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 281- 295. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content ‘ARREST’ IN INDIA: 360 ANALYSIS Book Review on “The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else” by Hernando de Soto SUSTAINING CREATION: EXPLORING THE INTERPLAY BETWEEN RELIGIOUS BELIEFS AND ENVIRONMENTAL CONSERVATION VIOLATION OF SOCIAL SECURITY AND HEALTH RIGHTS OF MIGRANT WORKERS UNRAVELLING ‘LOSS OF CONFIDENCE’- AN IN-DEPTH ANALYSIS OF RUDRESHA V. MANAGEMENT OF M/S TVS MOTOR COMPANY IMPACT OF ADMINISTRATIVE MALPRACTICES ON THE BUREAUCRATIC MORALITY OF INDIA: A STUDY

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ARTIFICIAL INTELLIGENCE AND CONSTITUTIONAL RIGHTS: ASSESSING AN IMAGINABLY UNIMAGINABLE FUTURE

Volume I Issue II /

ARTIFICIAL INTELLIGENCE AND CONSTITUTIONAL RIGHTS: ASSESSING AN IMAGINABLY UNIMAGINABLE FUTURE Subramanyan H,Student at Delhi Metropolitan Education. Shivamm Kansal,Student at Delhi Metropolitan Education. Download Manuscript ABSTRACT Artificial Intelligence (AI) is a concept that has been in the spotlight ever since the day when Sophia, the first ever globally recognized robot citizen of Saudi Arabia mentioned taking over the world during a programme in April, 2017. Recently it rose to prominence when Elon Musk remarked about AI taking over the world in the coming years. AI notions are undoubtedly alien to the majority of us in today’s society but it can be understood briefly as the process by which it is possible to programme computers to imitate human intellect. Sir Stephen Hawkings once remarked that “it seems probable that once the machine thinking method had started, it would not take long to outstrip our feeble powers. They would be able to converse with each other to sharpen their wits. At some stage, therefore, we should have to expect the machines to take control.” Some believe AI to be extremely helpful since they can relieve the humans from tedious and harmful jobs while others believe that they will take over the human role hence creating lack of jobs resulting in poverty, deaths and other unwarranted causes. Thus, it is crucial to comprehend artificial intelligence (AI), their impact on human existence and how the Constitution of India could be read in the near future in order to incorporate AI. The objective of this Article is also focused on persuading the reader to comprehend the likelihood of robots having “rights” within the next 40 to 50 years. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 98 – 106 Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content ARTIFICIAL INTELLIGENCE AND CONSTITUTIONAL RIGHTS: ASSESSING AN IMAGINABLY UNIMAGINABLE FUTURE BOOK REVIEW: “BEFORE MEMORY FADES: AN AUTOBIOGRAPHY” BY FALI S. NARIMAN UNBORN BENEFICIARIES AND PERPETUITY RULE: A COMPARATIVE ANALYSIS OF SECTION 13 & SECTION 14 IN THE TRANSFER OF THE PROPERTY ACT, 1882 PLEA OF ALIBI AND IT’S RELEVANCE IN CRIMINAL TRIALS TURN OF TABLES : AN OVERVIEW OF THE LEGALITY OF THE JALLIKATTU PRACTICE LEGAL ASPECTS OF MARRIAGE OF MENTALLY UNSTABLE INDIVIDUALS

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