LIJDLR

Fundamental Rights

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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