LIJDLR

Constitutional Law

LEGAL EMPOWERMENT AND SOCIAL TRANSFORMATION: RETHINKING LAW-SOCIETY RELATIONS IN INDIA

Volume III Issue III /

LEGAL EMPOWERMENT AND SOCIAL TRANSFORMATION: RETHINKING LAW-SOCIETY RELATIONS IN INDIA Ms. Aashi Dixit, BBA-LL. B, LL.M, NET (Law) (India) Dr. Namrata Tiwari, Assistant Professor, Career College of Law, Bhopal (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.111 Legal consciousness marks the area between law and society, ensuring empowerment as well as equal justice to every citizen. India has an advanced legal framework in place, yet many remain oblivious of their rights and legal remedies- particularly those from marginalized communities. Social inequalities thrive in this scenario, and the efficacy of laws designed to protect weaker sections becomes weakened. This paper analyzes successful models of legal awareness initiatives, examining how public understanding of the legal system can be enhanced through case studies and comparative analysis. It explores the history of the development of legal education and awareness programs in India, highlights the challenges to legal literacy, and describes the roles of governmental and non-governmental organizations in promoting legal knowledge. The findings suggest that legal education should not remain confined to professionals but must become part of the general social fabric. Expanding legal literacy has the potential to transform citizens’ participation in democracy, strengthen access to justice, and promote empowerment through knowledge of rights and remedies. The study underscores the importance of integrating technology in disseminating legal information, thereby making the justice system more inclusive and accessible. By bridging the gap between law and society, India can move closer to achieving its constitutional goals of justice, equality, and dignity for all citizens.

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REIMAGINING BAIL JURISPRUDENCE UNDER THE PREVENTION OF MONEY LAUNDERING ACT: CONSTITUTIONAL CHALLENGES AND THE REVERSE BURDEN PARADIGM

Volume III Issue II /

REIMAGINING BAIL JURISPRUDENCE UNDER THE PREVENTION OF MONEY LAUNDERING ACT: CONSTITUTIONAL CHALLENGES AND THE REVERSE BURDEN PARADIGM Shreyashi Verma, BBA-LL.B., Third Year, Student at Institute of Legal Studies- SRMU, Lucknow. Ahmed Mehdi Khan, LL.B., Third Year, Student at University of Lucknow. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.77 The Prevention of Money Laundering Act, 2002 (PMLA) was introduced to prevent complicated financial crimes and to make sure that money gained through illegal activities does not go beyond the law’s reach. Section 45, which is a crucial element of its enforcement, imposes strict conditions for granting bail. It is also known as the ‘twin conditions.’ It effectively shifts the burden of proof onto the accused, meaning the accused has to prove their innocence through evidence and assure the court that if they are released, they won’t be engaged in any additional offence. Although the Supreme Court in the Vijay Madanlal Choudhary case confirmed that the conditions in question are constitutional and reasonable when it comes to economic offences. Still, there are ongoing worries about how this provision might impact the rights to a fair trial and the principles of procedural equity. It has led to a significant constitutional debate regarding personal liberty under Article 21 of the Indian Constitution. The research methodology includes a detailed analysis of statutory texts, interpretation of parliamentary discussions, and study of landmark judgements from both Indian and comparative jurisdictions. We place special emphasis on the Supreme Court’s decision in Nikesh Tarachand Shah vs. Union of India and Vijay Madanlal Choudhary vs. Union of India, along with subsequent rulings that demonstrate the judiciary’s progressive view regarding the reverse burden. It appears that the courts have been shifting between strict enforcement and partial constitutional arrangement. However, the larger issue of disproportionate pre-trial custody remains unaddressed. Although the reverse burden was intended to reduce money laundering, its rigid application without proper judicial oversight seems to infringe on fair trial. This article undertakes a doctrinal and jurisprudential analysis of Section 45, uncovering its legislative amendments, judicial responses, and evaluating its alignment with established constitutional norms.

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REGULATORY INNOVATION OR LEGAL EROSION? INVESTIGATING THE ACCIDENTAL ARBITRAGE CREATED BY GIFT CITY’S DUAL FINANCIAL REGIME

Volume III Issue II /

REGULATORY INNOVATION OR LEGAL EROSION? INVESTIGATING THE ACCIDENTAL ARBITRAGE CREATED BY GIFT CITY’S DUAL FINANCIAL REGIME Devesh, Fourth Year B.Com LL.B. (Hons.) Student at Institute of Law, Nirma University, Ahmedabad Radhika Dinesh, Fourth Year B.Com LL.B. (Hons.) Student at Institute of Law, Nirma University, Ahmedabad Download Manuscript doi.org/10.70183/lijdlr.2025.v03.54 This paper provides a comprehensive analysis of the legal and constitutional ramifications arising from establishing and operating the Gujarat International Finance Tec-City (GIFT City) and its International Financial Services Centre (IFSC). Conceived as a flagship initiative to position India as a global financial hub, GIFT City offers a suite of regulatory exemptions, tax incentives, and operational flexibilities designed to attract international capital and financial institutions. However, the paper argues that these exceptional measures have created a parallel regulatory regime that contrasts India’s unified financial architecture. Through doctrinal and comparative legal analysis, the authors explore how GIFT City’s unique framework facilitates regulatory arbitrage, enabling entities to bypass domestic regulations related to taxation, capital controls, and insolvency. The paper highlights the risks of forum shopping, tax base erosion, and the dilution of investor and creditor protections, drawing on both Indian and international precedents. It further examines the constitutional questions raised by the selective privileges granted to GIFT City entities, particularly about the principles of equality before law, fiscal federalism, and the separation of powers between the legislature and the executive. The study also assesses the broader policy implications of allowing such regulatory enclaves within the Indian legal system, including potential impacts on market integrity, regulatory coherence, and public accountability. In conclusion, the paper offers targeted policy recommendations to reconcile GIFT City’s operational objectives with India’s constitutional and regulatory commitments. These include enhancing transparency, instituting robust economic substance requirements, and ensuring integrated oversight by domestic regulators to prevent the emergence of enclave exceptionalism and to safeguard the integrity of India’s financial and legal systems.

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EXPANDING ROLE OF MEDIA ON INDIAN DEMOCRACY IN 21ST CENTURY: A CRITICAL STUDY

Volume III Issue I /

EXPANDING ROLE OF MEDIA ON INDIAN DEMOCRACY IN 21ST CENTURY: A CRITICAL STUDY Yuvraj Singh, 10th semester Student of BA.LLB(H) at Amity Law School, Amity University, Lucknow, India. Dr. Reshma Umair, Assistant Professor at Amity university Lucknow Campus. Download Manuscript doi.org/10.70183/lijdlr.2024.v03.38 Media shapes Indian democracy through relentless engagement with politics, people, and governance. Its role evolved beyond information to mobilisation, accountability, transparency, and citizen empowerment. “Article 19(1)(a) of the Indian Constitution ensures freedom of speech and expression for the press”. Courts have repeatedly reaffirmed media’s centrality to democratic dialogue and constitutional accountability. In “Romesh Thappar v. State of Madras, Supreme Court” held press freedom is essential. The transition from print and radio to television and digital platforms altered democratic discourse. Social media platforms became instrumental in influencing public opinion, elections, and policymaking. They act both as tools for participation and sources of disinformation and manipulation. The 2014 and 2019 Lok Sabha elections showcased social media’s unprecedented political outreach. Yet, excessive media trials have distorted justice as seen in “Manu Sharma v. State (NCT of Delhi)”. While media uncovers corruption, it also succumbs to paid news, TRP wars, and political allegiance. Regulatory frameworks like the “Press Council Act, 1978, and Cable TV Networks Act, 1995,” lack sharp enforcement. The IT Rules, 2021 raised concerns over chilling effects on free speech and editorial freedom. India needs urgent legislative clarity and judicial review of digital regulation under constitutional scrutiny. Democratic ideals demand that media remain free, factual, ethical, and representative of public conscience. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 933-959. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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AI AND THE RIGHT TO PRIVACY – BALANCING INNOVATION WITH CONSTITUTIONAL PROTECTIONS

Volume III Issue I /

AI AND THE RIGHT TO PRIVACY – BALANCING INNOVATION WITH CONSTITUTIONAL PROTECTIONS Rama Dutt, Assistant professor, Harlal School of Law, Greater Noida Download Manuscript doi.org/10.70183/lijdlr.2024.v03.37 This research paper examines the evolving intersection of artificial intelligence (AI) and the right to privacy, focusing on how legal systems can reconcile rapid technological innovation with constitutional protections. The paper analyzes key legal frameworks, landmark judgments, and emerging regulatory approaches to AI globally. It also highlights the ethical implications of surveillance technologies, facial recognition, and predictive algorithms. The study concludes by proposing legal reforms and policy strategies to ensure responsible AI deployment that respects fundamental rights. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 920-932. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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