LIJDLR

Fundamental Rights

JUDGEMENT COMMENT: SUPRIYO CHAKRABORTY & ANR V. UOI

Volume IV Issue I /

JUDGEMENT COMMENT: SUPRIYO CHAKRABORTY & ANR V. UOI Saanjh Inuganti, Third Year B.A.LL. B student of Narsee Monjee Institute of Management Studies, Navi Mumbai (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.48 The present article critically examines the landmark decision of the Supreme Court of India in Supriyo Chakraborty & Anr v. Union of India (2023), which addressed the question of legal recognition of same-sex marriages in India. The case arose from petitions filed by several same-sex couples seeking recognition of their unions under existing statutory frameworks, particularly the Special Marriage Act, 1954, the Foreign Marriage Act, 1969, and the Hindu Marriage Act, 1955. The petitioners contended that the exclusion of same-sex couples from the institution of marriage violates fundamental rights guaranteed under Articles 14, 15, 19, and 21 of the Constitution of India, including equality before the law, non-discrimination, personal liberty, and the right to dignity. The Union of India opposed the petitions, arguing that the existing statutory scheme governing marriage was designed to regulate heterosexual unions and that recognition of same-sex marriage would involve complex policy considerations affecting multiple legislations. It was further argued that such a socio-legal transformation falls within the legislative domain rather than the judicial sphere. A Constitution Bench of the Supreme Court delivered a split verdict (3:2) on 17 October 2023, declining to recognize same-sex marriages under existing law. While the majority held that there is no fundamental right to marry and that any recognition of same-sex marriage must come through legislative action, the Court unanimously affirmed the constitutional rights and dignity of LGBTQIA+ individuals. The decision nevertheless left open the possibility of future legislative reform. This article analyses the competing constitutional arguments presented before the Court, evaluates the reasoning adopted in the majority and minority opinions, and offers critical observations on the implications of the judgment for the evolving discourse on marriage equality and LGBTQIA+ rights in India.

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DIGITAL GOVERNANCE AND LEGAL RIGHTS: A STUDY UNDER CONSTITUTIONAL JURISPRUDENCE

Volume III Issue IV /

DIGITAL GOVERNANCE AND LEGAL RIGHTS: A STUDY UNDER CONSTITUTIONAL JURISPRUDENCE Sairee Ghosh, 5 YR B.A. LL.B. (Calcutta University), LL.M. (Pursuing) (Vidyasagar University) (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.178 Waves of technical innovation in recent decades have greatly enhanced people’s quality of life. In the meantime, complaints about technological inequities have grown, including unequal economic distribution and racial discrimination. Experts have warned that emerging technology, such as Artificial Intelligence, might have disastrous consequences, predicting that it could spark World War III. Utilization of the internet has skyrocketed due to technological advancements, particularly after the COVID-19 pandemic, which compelled people to stay indoors. The epidemic has expedited the digital revolution. Due to restrictions on physical mobility worldwide during the pandemic, all major businesses, including education, migrated to the internet, paving the path for complete digitization. Recognizing the importance of the internet and advocating for universal access to it constitutes an urgent necessity. The courts have also highlighted the importance of the internet during the pandemic, and they have begun hearings via video conference, paving the path for the establishment of a new category of fundamental rights in the form of the right to access the internet. The legislature must recognize the importance of the internet and fulfill its obligations as a democratic government to reduce the digital gap and ensure that internet access is not restricted arbitrarily, since it is a fundamental human right. This article proposes an idea regarding a new basic Right to Technology that should be included in the Indian Constitution. Considering the vital relevance of technology to human dignity and equality, a new Constitutional Right seeks to encourage equitable sharing of technical advantages while also preventing harmful technological uses. The article begins with a discussion of the Fundamental Rights outlined in the Constitution. It then addresses the Impact of Technology on Fundamental Rights. This article discusses challenges that individuals deal with in India. It also investigates solutions for protecting the Right to Technology.

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THE LEGISLATIVE ENSHRINEMENT OF CONSUMER PROTECTION IN TUNISIA: ANALYSIS OF THE LEGAL FOUNDATIONS AND CONTEMPORARY ADVANCES

Volume III Issue III /

THE LEGISLATIVE ENSHRINEMENT OF CONSUMER PROTECTION IN TUNISIA: ANALYSIS OF THE LEGAL FOUNDATIONS AND CONTEMPORARY ADVANCES Mokili Kiamodja Esther, bachelor’s degree in Private Law, Montplaisir University of Tunis, Tunisia; master’s degree in business and Corporate Law, Central University of Tunis, Tunisia; Assistant on first term at IBTP/Kisangani Bofoe Lokangu Starmans, Doctorate in Economic and Social Law, University of Kisangani Download Manuscript doi.org/10.70183/lijdlr.2025.v03.95 This article analyses the legislative enshrinement of consumer protection in Tunisia, following the normative and institutional development from 1992 to 2024. The study is based primarily on Law No. 92-117 of 7 December 1992, considered to be the founding text of consumer protection in Tunisia. It then examines the legislative additions that have consolidated it, as well as its recent adaptations to economic and technological developments. The research is based on a multidimensional legal methodology, combining analysis of the legislative and regulatory corpus, examination of Tunisian case law, and critical study of doctrine and institutional reports. It also provides a comparative perspective with international standards, in particular European directives and certain legislation adopted in Mediterranean countries. The results highlight a well-organised legal system that protects fundamental rights such as product safety, the right to information and legal guarantees. This system is also supported by mechanisms for recourse, mediation and sanctions, as well as specialised bodies. In practice, however, its effectiveness is limited by regulatory fragmentation, low consumer awareness and procedural delays. The study concludes that significant progress has been made, while emphasising the need for comprehensive codification of consumer law, strengthening of out-of-court dispute resolution mechanisms, development of consumer legal education, and continuous adaptation of legislation to new challenges, such as cross-border disputes and the repercussions of the COVID-19 pandemic. These recommendations aim to ensure more effective, equitable and sustainable protection for Tunisian consumers in a constantly changing market environment.

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BASIC STRUCTURE DOCTRINE- CONSTITUTIONAL, SOCIAL, AND POLITICAL SIGNIFICANCE

Volume III Issue II /

BASIC STRUCTURE DOCTRINE- CONSTITUTIONAL, SOCIAL, AND POLITICAL SIGNIFICANCE Dr Deepakshi Joshi, Principal, Chanakya Law College, Rudrapur, Kumaun University. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.55 The Supreme Court of India established the Basic Structure Doctrine in the landmark judgment of Kesavananda Bharati v State of Kerala in 1973,[1] Creating a fundamental safeguard that protects the essential features of the Indian Constitution from being altered by parliamentary amendments.¹ This doctrine holds significant constitutional, social, and political implications. From a constitutional perspective, it preserves the Constitution’s fundamental identity by ensuring that core values—such as democracy, secularism, and justice—remain inviolable notwithstanding legislative changes. Socially, it affirms the protection of citizens’ fundamental rights and freedoms, thereby playing a vital role in upholding social justice and equality. Politically, the doctrine strengthens the system of checks and balances through judicial review, thus securing the democratic framework of governance. Overall, this principle has profoundly influenced the shaping of India’s democratic ideals, the protection of individual rights, and the maintenance of the balance of power between the judiciary and legislature.  

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JUSTICE DELAYED, JUSTICE DENIED: THE INTERSECTION OF PRE-TRIAL DETENTION AND ITS IMPACT ON UNDERTRIALS

Volume III Issue I /

JUSTICE DELAYED, JUSTICE DENIED: THE INTERSECTION OF PRE-TRIAL DETENTION AND ITS IMPACT ON UNDERTRIALS Sneha Amarnath Varma, kes shri. Jayantilal h. Patel law college Download Manuscript doi.org/10.70183/lijdlr.2024.v03.5 For Indian inmates awaiting trial, the notion that justice delayed is justice denied is critical. Despite the fact that the Constitution provides the “presumption of innocence unless proven guilty”, a considerable section of the prisoner population is imprisoned for extended periods of time due to judicial delays, insufficient legal representation, and socioeconomic limits. According to the Prison Statistics India 2022 report by the National Crime Records Bureau (NCRB),[1] 434,302 out of 573,220 prisoners are undertrial, making up a significant proportion of the prison population; of these, 23,772 are women, and of these, 76.33% are undertrial prisoners; additionally, 8.6% of the undertrial women have been imprisoned for more than three years.   This study explores the legal system that governs undertrial detainees, focussing on their rights under the Indian Constitution[2], the Code of Criminal Procedure, 1973[3], the Model Prison Manual, and human rights conventions. It distinguishes between convicted and pretrial inmates and emphasizes the abuses of fundamental rights connected with extended pre-trial incarceration. The paper surveys the Supreme Court’s position on speedy trials, bail reforms, and access to legal aid through an analysis of court cases like Hussainara Khatoon v. State of Bihar[4], Khatri vs State of Bihar[5], and Sunil Batra v. Delhi Administration[6]. It also includes issues like overcrowding, custodial violence, and the socioeconomic impact on families of undertrials. In addition, this paper includes the need for systemic changes to protect the rights of inmates awaiting trial, including a strong legal aid system that guarantees prompt and effective legal representation, simplified bail procedures to avoid needless incarceration, and increased judicial supervision to stop arbitrary pre-trial detention. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 78-105. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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IMPACT OF TECHNOLOGY ON SECURITIES REGULATION​

Volume II Issue IV /

IMPACT OF TECHNOLOGY ON SECURITIES REGULATION Kashish Agarwal, BBA LL. B (Hons.) Corporate Law 4th year Student. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.46 Due to the increased adoption of technology, the securities regulation has been shaped in numerous ways with several positives and negatives for the regulators, investors and the market players. This research paper seeks to discuss the roles of technology in securities regulation by analysing recent developments including, but not limited to, blockchain technology, artificial intelligence, big data analytical technology and algorithmic trading. The paper also discusses the development of regulators to these technological disruptions showing the shift in regulatory treatments, Transition to RegTech solutions, digital asset regulation, and international cooperation.  In addition, the paper considers the issues of the regulators’ inability to adapt to the technologically fast-paced environment, the question of innovation against the background of protection risks for investors, and further perspectives for regulation. This paper in seeking to identify the impact that technology has on securities regulation both in the present and the future seeks to aid the regulatory bodies to understand how they can manage the securities markets effectively as the financial markets evolve. The paper covers how regulators respond to these technological disruptions in terms of changed regulatory treatment, the move to the use of RegTech solutions, digital asset regulation, and international cooperation. On top of this, the paper addresses regulators’ challenges in pace with this technological landscape, the tension between innovation and investor protection, and future directions in regulation. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 109-127. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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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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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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PROBING THE PRACTICALITY OF UNIFORM CIVIL CODE IN INDIA

Volume II Issue II /

PROBING THE PRACTICALITY OF UNIFORM CIVIL CODE IN INDIA Masooma Naqvi, Student at Amity University, Uttar Pradesh Download Manuscript ABSTRACT Uniform Civil Code provides for bringing the entire country under one civil law. Although it was encoded in the Indian Constitution with the intention of fostering national integrity and unity, it remains a disputed upon topic in India. This paper delves into probing the actual practicality of enforcing the Uniform Civil Code in India. It examines the Uniform Civil Code Bill of 2019 and delves into the analysis of its provisions, aims and objectives.  Its objective is to understand whether it was actually needed and if it interferes with any of the Fundamental rights that are guaranteed to the citizens of India under part III of the Indian Constitution. The paper also seeks to comprehensively analyze the problems with the Uniform Civil Code and whether sticking to the status quo is a viable solution. The paper also seeks to delve into the complexities involved, and the political, legal and social aspects behind the implementation of Uniform Civil Code. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 375-385. 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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