Legal Studies – Page 4 – NICKELED AND DIMED

Anwar’s Aftermath: A Retrospective Reassessment

In this article, I examine the jurisprudence following Anvar and how the Courts have treated the operational applicability of the ruling, arguing that a retrospective application is the only position good in law. I further submit a more radical vision, suggesting a return to the position in Navjot Sandhu, which recognised that Section 65-B must…
Read more: Anwar’s Aftermath: A Retrospective Reassessment
REFORMING OR REPEATING? THE INTENDED OR UNINTENDED CONSEQUENCES OF INDIA’S CRIMINAL JUSTICE REFORMS

The overhaul of India’s criminal justice system through the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam has been criticized for failing to achieve ‘decoloniality’. Despite claims of indigenization and democratization of the criminal justice system, these new laws either retain most of colonial-era provisions or make them more terrorizing…
Read more: REFORMING OR REPEATING? THE INTENDED OR UNINTENDED CONSEQUENCES OF INDIA’S CRIMINAL JUSTICE REFORMS
Restorative Justice Approaches in Sexual Offense Cases: Potential and Pitfalls

Legislation on sexual offences is designed to address and mitigate crimes such as rape, sexual assault, and harassment, ensuring that victims receive justice and perpetrators are held accountable. This article examines the effectiveness of these laws in achieving procedural justice for victims and in assessing how well current legislation aligns with the principles of procedural…
Read more: Restorative Justice Approaches in Sexual Offense Cases: Potential and Pitfalls
Political Integrity vs. Individual Rights: The Debate on Anti-Defection Laws

By Nethra Katikaneni Abstract The objective of this paper is to provide a comprehensive analysis of Anti-Defection laws inIndia, focusing on their historical development, legal framework, and implications fordemocratic governance. Anti-Defection laws were introduced to address the issue of politicaldefections, where elected representatives switch parties, often for personal gain, destabilizinggovernments and undermining the electorate’s mandate.…
Read more: Political Integrity vs. Individual Rights: The Debate on Anti-Defection Laws
THE ENIGMATIC WORLD OF AVIATION LAW

Aviation law governs air travel, operations, and safety protocols worldwide, influenced by international conventions and organizations like ICAO. India’s regulatory framework, rooted in the Aircraft Act of 1934, includes key legislation such as the National Civil Aviation Policy and UDAN initiative. Landmark cases emphasize aviation safety and passenger rights.
Read more: THE ENIGMATIC WORLD OF AVIATION LAW
“Analyzing the Social Security Code and Employees’ Compensation Act: A

The Social Security Code, 2020 is a significant legislative overhaul aimed at regulating and simplifying social security provisions in India for not only the organized sector but also the unorganized sector. This article provides a comparative analysis between the previously existing and longstanding legislation, the Employees’ Compensation Act, 1923, and the Social Security Code, highlighting…
Read more: “Analyzing the Social Security Code and Employees’ Compensation Act: A
Constitutional Dynamics: Exploring the Legal Consequences of Article 370 Revocation inJammu and Kashmir

By Nethra Katikaneni Abstract The abrogation of Article 370 in Jammu and Kashmir was a major constitutional change thatsparked arguments about its possible legal ramifications. This article explores the complexconstitutional dynamics that surround the repeal of Article 370 and the ensuing ramifications. Bya brief summary of Article 370, outlining its historical significance and tracking its…
Read more: Constitutional Dynamics: Exploring the Legal Consequences of Article 370 Revocation inJammu and Kashmir
Intimate Partner Violence in India

India stands at 122 in the Gender Inequality Index and 135 in the Global Gender Gap Index. What have we done to improve this? What have we done to make our women feel safe inside and outside their homes? How does one measure and establish consent to prove it effectively in a court of law?…
Read more: Intimate Partner Violence in India
Beyond Decriminalization: The Fight for Marriage Equality in India

Supriyo v. Union of India (2023) addresses the freedom of marriage for LGBTQIA+ people in India. The Supreme Court heard cases requesting that same-sex marriage be recognized under constitutional protections after homosexuality was decriminalized. By a vote of 3:2, the Court rejected this right, recognizing the legitimacy of queerness and the court’s jurisdiction to consider…
Read more: Beyond Decriminalization: The Fight for Marriage Equality in India
Prison Reforms Through the Indian Legal System

It is a popular saying in most courts that if a Judge continuously denies bail or gives harsh punishments, they must be sent for a prison visit. After the Judge comes back, they will surely be more lenient in their verdicts because of the inhumane conditions that the prisoners live in. Many issues come to…
Read more: Prison Reforms Through the Indian Legal System
ONE NATION, ONE ELECTION: UNIFORMITY OR PLOY?

Is the contentious idea of “one nation, one election” by the Ramnath Kovind Committee – the High-Level Committee on Simultaneous Elections on March 14, 2024, a risk worth taking in India? The central apprehension stems from its constitutional vulnerability in the domain of federalism. Under this framework, state legislatures must align their terms with those…
Read more: ONE NATION, ONE ELECTION: UNIFORMITY OR PLOY?
Navigating Challenges: Technology in Criminal Trials under BNSS (Bharatiya Nagarik Suraksha Sanhita)

The newly introduced draft of Bharatiya Nagarik Suraksha Sanhita (BNSS), which might replace CrPC will substantially change the procedure of Indian criminal trials with the inclusion of technology. The BNSS widely mentions the term “electronic communication” and its uses, starting from the pre-trial stage of an “FIR” to the trial stage of “examination of witness.”…
Read more: Navigating Challenges: Technology in Criminal Trials under BNSS (Bharatiya Nagarik Suraksha Sanhita)