Indian Politics & Law Review Journal最新文献

{"title":"Shayara Bano: An Analysis Of Dissenting Judgment","authors":"U. Mishra, Dr. Piyush Kumar Trivedi","doi":"10.55662/iplr.2023.804","DOIUrl":"https://doi.org/10.55662/iplr.2023.804","url":null,"abstract":"In this paper author discusses intricate details of judgment passed by the Constitution Bench (5-Judge) of the Hon’ble Supreme Court of India in case of Shayara Bano v. Union of India[i], with objective to understand the concept of Talaq-ul-Biddat and its religious and legal sanctity and permissibility. This paper aims to provide the insight of less discussed (2-Judge) dissenting judgment passed by Hon’ble Supreme Court in Shayara Bano (supra) with particular emphasis on providing details about the issues framed and considered by Hon’ble Supreme Court and reasoning provided therefor, while considering the rival submissions of the parties and relevant provisions of law and judicial precedents.","PeriodicalId":181430,"journal":{"name":"Indian Politics & Law Review Journal","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126297069","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Breaching The Limit: A Critical Evaluation Of The Increase In Reservation Limit In Karnataka","authors":"Sangeetha M. Thomas, N. V. Kamath","doi":"10.55662/iplr.2023.805","DOIUrl":"https://doi.org/10.55662/iplr.2023.805","url":null,"abstract":"The Government of Karnataka had, in October 2022, promulgated an ordinance to increase the reservation limit of Scheduled Castes and Scheduled Tribes to 17 percent and 7 percent respectively. The ordinance was promulgated in furtherance of the recommendations made by the Justice HN Nagamohandas Commission which is also supported by the Justice Subhash Adi Committee report. Further, in December 2022, the Government of Karnataka had, seemingly as an act of appeasement and prior to the 2023 Assembly elections, tabled a Bill [The Karnataka Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services under the State) Bill, 2022] in the Legislative Assembly which reiterates the increase in reservations for Scheduled Castes and Scheduled Tribes in the State just as the previously promulgated ordinance. The bill was eventually passed. The relevance of the ordinance and the bill is based on the observation that such an increase in reservation quota for the Scheduled Castes and Scheduled Tribes would bring the overall reservation quota above 50 percent, which is against the desirable limit prescribed by the Supreme Court on reservation. This paper mainly aims to critically analyse the bill and the possible legal hurdles it might encounter. The paper shall, in the first part, deal with the history of reservation in India and the various constitutional provisions regarding the same. Secondly, the various landmark Supreme Court judgements on reservation, especially the decisions on the desirable limit of reservation, would be elucidated. The paper would also delve into the recommendations of the Commission and Committee that have been cited as the main reasons for the introduction of such an ordinance and thereafter the bill. This shall be followed by an analysis of whether this is an exceptional circumstance which demands the breach of the 50 percent rule. The paper shall, in conclusion, pose the various challenges that the Bill raises if the introduction of it is merely a political gimmick rather than a special circumstance requiring the breach of the desirable 50 percent reservation limit.","PeriodicalId":181430,"journal":{"name":"Indian Politics & Law Review Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130492327","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"SURROGACY (REGULATION) ACT, 2021: EFFECTIVENESS AND CONCERNS","authors":"Rajiv Verma","doi":"10.55662/iplr.2023.803","DOIUrl":"https://doi.org/10.55662/iplr.2023.803","url":null,"abstract":"In a country like India where not having a child is a social taboo, surrogacy brought hopes and happiness for many childless couples. Amid these hopes, there are also ethical concerns whether it was morally correct to use one’s body to reproduce and make a living out of it. Furthermore, as India legalized surrogacy way back in 2002 and made it an important component of medical tourism, the surrogacy market grew multifold. This growth in surrogacy market also posed many challenges. Exploitation of surrogates and abandonment of children started surfacing in a big way. The government of India acknowledged these problems and enacted the Surrogacy (Regulation) Act, 2021. Through this Act, the government majorly focused on two aspects. First, it put an end to commercial surrogacy to do away with exploitation of surrogates. Secondly, in order to fulfil the need of childless couples, it allowed altruistic surrogacy where there will be no payments for surrogate except for her medical and insurance expenses. Furthermore, it also restricts the foreigners from availing this facility. How will this new act unfold is a matter of academic enquiry. Preliminary impressions through popular writings are pointing at many loopholes in the act. To begin with, it is suggestive of black marketing. As a result, while the hospitals and middlemen continue to mint money, the surrogates are at the loser’s end. Additionally, altruistic surrogacy is exerting a lot of pressure on weaker women of families’ giving rise to women exploitation. Furthermore, it also deprived many women of their jobs as surrogates. Through this paper, an attempt is made to understand the act of 2021 and the way it solves or give rise to new challenges in safeguarding the rights of surrogates and children and the future of surrogacy in India.","PeriodicalId":181430,"journal":{"name":"Indian Politics & Law Review Journal","volume":"200 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121890108","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Implementation Of MGNREGS In India Special Reference To The State Of Kerala","authors":"Arsha S S","doi":"10.55662/iplr.2023.802","DOIUrl":"https://doi.org/10.55662/iplr.2023.802","url":null,"abstract":"This paper examines the role and impact of Mahatma Gandhi National Rural Employment Guarantee Scheme in state of Kerala. This scheme implemented in February 2, 2006 in 200 backward districts. In Kerala, the Scheme was implemented in three phases. Kerala was located on southern part of India. Any government scheme has certain aims, like the MGNREGS scheme also have certain aims. Major aims and objectives of MGNREGS are as follows:","PeriodicalId":181430,"journal":{"name":"Indian Politics & Law Review Journal","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133964252","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Theoretical Ambiguity of Socialist/Marxist Nationalism in Kerala: P Krishna Pillai’s Trajectory from Gandhian Nonviolence to Revolutionary Spirit","authors":"Dileep P Chandran, Dr. Biju Lekshmanan","doi":"10.55662/iplr.2023.807","DOIUrl":"https://doi.org/10.55662/iplr.2023.807","url":null,"abstract":"Socialists and Marxists in India had no objective theories on nationalism. Their political position during the national movement in India was shaped by the international political milieu. Krishna Pillai’s transition from a Congress member to a communist cadre and leader help to understand his changing political perspective on violence and nonviolence. His ambiguous position on Gandhian nonviolence shows the complexity of socialist and communist perceptions of political means in an anti-colonial struggle. Unlike Gandhi, Krishna Pillai upheld peace and justice, not truth and nonviolence, as rightful means in political struggle. He advocated revolutionary spirit in political methods, not necessarily violent means.","PeriodicalId":181430,"journal":{"name":"Indian Politics & Law Review Journal","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132594799","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Analysis of Section 35 & 36 of the UAPA after the 2019 Amendment","authors":"A. Goyal","doi":"10.55662/iplr.2023.801","DOIUrl":"https://doi.org/10.55662/iplr.2023.801","url":null,"abstract":"National integrity and sovereignty is the reputation and dignity of a country on the global scale. The threats to such dignity are dealt with great force and power by the countries. India, from the inception made several statutes in order to deal with any issue that may cause threat to its peace and harmony. The journey started with the Preventive Detention Act in the 1950s, added Acts like UAPA, NSA, NIA, TADA (now repealed), POTA (now repealed), etc. But it is the duty of the state to make sure that while drafting such legislations it is not misusing the public trust by enabling itself to exercise such powers which are against the rights of the individuals. In the paper, the author attempts to analyse the constitutionality of Article 35 of the UAPA as it stands after the amendment of 2019. There have been many questions and allegations regarding its constitutionality and overall working. The author aims to analyse the provision in accordance with the judicial precedents and the internationally accepted principles of the fair trial mechanism.","PeriodicalId":181430,"journal":{"name":"Indian Politics & Law Review Journal","volume":"283 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131995734","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Lens: Navigating the Boundaries of Law","authors":"Vanshika Shukla","doi":"10.55662/iplr.2023.806","DOIUrl":"https://doi.org/10.55662/iplr.2023.806","url":null,"abstract":"The paper explores the complex nature of law and its boundaries, highlighting the challenges faced by legal professionals and scholars in interpreting and applying legal principles in a rapidly evolving society. The paper delves into various aspects of legal analysis and decision-making, shedding light on the inherent subjectivity and flexibility of the law. By examining case studies and theoretical frameworks, this study aims to provide insights into the dynamic nature of legal boundaries and the role of interpretation in shaping legal outcomes. Additionally, it discusses the impact of technological advancements, cultural shifts, and societal changes on the boundaries of law, offering recommendations for legal professionals navigating this evolving landscape.","PeriodicalId":181430,"journal":{"name":"Indian Politics & Law Review Journal","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123032934","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}