Law School NewsOthers

The GNLU Student Law Review (GSLR) is the flagship student-edited journal of Gujarat National Law University, Gandhinagar. The Law Review is published annually and has adhered to a double-blind peer-review process. With a successful launch in 2019-20, Volumes I and II of GSLR received submissions from renowned scholars and inquisitive students from across India, showcasing legally astute and theoretically rigorous articles. Volume III received a record number of responses from authors and has strived to focus on becoming the primary avenue for student-written legal scholarship on a range of cutting-edge issues in various areas of law. Through the kind support of Prof. (Dr.) S. Shanthakumar as Patron of the Law Review, guidance of the Faculty Editors, and dedicated efforts of student editors, it makes me immensely proud to report that the Volume III of the same was launched on the 4th of August.

The launch was conducted in the august presence of Dean (Research) along with the Faculty and Student Editorial Board. After the release and remarks by respected Faculty members, the Student Law Review also provided an orientation to the first- and second-year batches, encouraging them to apply as members of the Editorial Board. The event was attended by students and faculties in large numbers and was a huge success.

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Contents


Articles


The Supreme Court Collegium and Transparency: A Non-Committal Relationship       1

—Rangin Pallav Tripathy

Experiences of Dispute Resolution in Non-Court Forums: Justice Sans Rule Of Law?     27

—Shruti Vidyasagar and Shruthi Naik

Hadiya, Hinduism and Heterosexuality……………………………. 52

—Madhavi Menon

Silicosis and the State: Configuring Labour’s Interest as the Public Interest  67

—Shruti Iyer


Book Review


Justice versus Judiciary: Justice Enthroned or Entangled in India? (2019)           92

—Arun K. Thiruvengadam

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Contents


Editorial Note …………………………………………………………………………  ix

Articles


The Goldfish Model of Arbitration: An ‘Out-Of-Bowl’ Approach to Demystifying Procedural Laws in Commercial Arbitration

—Garv Malhotra ………………………………………………………………..  1

Necessity in Investment Arbitration: Essential Security Interests in the Devas Era

—Sujaya Sanjay ………………………………………………………………..  17

Exploring the Prospects of a Preliminary Rulings System in Icsid Arbitration: An Efficient and Affordable Alternative to an Appellate System

—Chitransh Vijayvergia  ………………………………………………………  39

Garware Wall Ropes and Indo Unique: The Road Ahead in Treatment of Arbitration Clauses Contained in Unstamped Instruments

—Anu Shrivastava ……………………………………………………………..  66

Confidentiality under the Indian Arbitration Regime

—Jaideep Khanna………………………………………………………………. 84

Call For PapersLaw School News

About the Institute

Kirit P. Mehta School of Law, NMIMS University, Mumbai was established in the year 2013 with an aim of providing quality legal education with a global focus, dedicated towards the advancement of human dignity, social and economic welfare, and justice through knowledge of law.

 

About the Journal

NMIMS Law Review is the flagship law journal of Kirit P. Mehta School of Law, NMIMS University, Mumbai. The NMIMS Law Review is an annual publication comprising scholarly works of renowned academicians and research scholars. It aims to continually raise the bar of academic research and actively contribute to the legal discourse surrounding pertinent questions of law. It was set up with the objective of publishing high quality original research work through articles and case comments that provide contemporary insight and add value to the scholarship surrounding the Indian legal framework and its comparative discourse.

The Editorial Board of the NMIMS Law Review is pleased to invite original and unpublished manuscripts for publication in Volume II. The Journal is indexed on SCCOnline.

 

Eligibility

Submissions are invited from academicians, research scholars and professors from a recognised university only. Kindly note that this Volume does not accept submissions from students.

 

Theme for Volume II

The NMIMS Law Review welcomes contributions that are original, unpublished and up to date. The authors are not restricted to any particular area of law and submissions of an inter-disciplinary nature analysing contemporary legal issues are encouraged.

 

Categories for submission

Submissions may be in the form of:

  • Long Article (8000-12000 words): Articles must comprehensively analyse a contemporary legal issue that the author(s) seeks to highlight. Articles would include research articles and theoretical discussions on any theme of law. It must either indicate the lacunae therein or, attempt to suggest possible changes, which can address the said lacunae or alternatively holistically cover the subject matter while offering a critical analysis of the chosen theme.
  • Short Article (4000-8000 words): Articles must be concise and condensed in their scope and conceptualisation vis-a-vis long articles. They must challenge existing principles and provide a fresh interpretation of an issue.

Please note the following guidelines before submitting the manuscript:

 

Formatting Requirements

  • The manuscript’s title must be on the first text page and must be title of the file.
  • Font must be Times New Roman and sized 12 for main text, and 10 for footnotes.
  • Line Spacing must be 1.5 for main text and 1.0 for footnotes.
  • Alignment must be justified.
  • All text, including hyperlinks, must be in black colour only.

 

Citation

We accept footnote citations exclusively. Citations must conform to standards laid in the Bluebook: A Uniform System of Citation (20th Edition).

 

Abstract and Keywords

All manuscripts must contain an abstract of 200-300 words. The abstract length is excluded from the respective submission word limits. The abstract must also contain 5 keywords.

 

Co-authorship

Co-Authorship of up to two authors is permitted.

 

Submission Format

All submissions must be made via the form here.

All manuscripts must be uploaded in .docx format AND .pdf format.

Exclusivity

Submitted manuscripts should not be simultaneously considered by any other publication at the time of submission. The author(s) undertake to inform NMIMS Law Review immediately in case the manuscript under consideration OR published manuscript is under consideration for publication elsewhere.

Deadline for submission

The last date for submission is November 31, 2021 (11:59 PM).

Contact

Email: lawreview@nmims.edu

Website: http://lawreview.nmims.edu/

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Contents


Foreword ……………………………………………………………………..  vii

Editorial Note …………………………………………………………………  xi

Re-Examining India’s Juvenile Justice Framework: A Call to Recognize A Juvenile’s Mitigated Culpability and Potential for Reform

—Anshul Rahul Dalmia & Stuti S. Kokkalera ……………………………..  1

Does an Increase in the Legal Age of Marriage for Women Guarantee Equality for Women in India?

—Jagriti Gangopadhyay ………………………………………………….  23

Disability And Care

—Jonathan Herring ……………………………………………………….  35

Preventive Detention Laws in India

—Neha Singhal ……………………………………………………………  51

Information Transparency Requirements in Indian Contract Law and Their Application in E-Commerce – Results from an Empirical Survey

Ognyan Seizov & Alexander J. Wulf ……………………………………..  64

Financial Data Protection in Indian Regulatory Policy: From ‘Secrecy’ and ‘Confidentiality’ to ‘Privacy’

—Shohini Sengupta ……………………………………………………….  85

Justice Delayed: A District-Wise Empirical Study on Indian Judiciary

—Varsha Aithala, Rathan Sudheer & Nandana Sengupta ……………  106

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Contents


Substantive Limitations on the Power of Parliament to Amend the Constitution: The Indian Standpoint

—Ravindra Kumar Singh……………………………………………….. 1

New Trend of Indian Judiciary: Individualistic Approach to Protect Human Rights

—Vikas Gandhi………………………………………………………….. 25

Looming Zero Day: India’s Water Crisis

—Nishtha Kaushiki……………………………………………………… 39

Gandhi: The Political and the Moral

—Smruti Ranjan Dhal………………………………………………….. 61

Consumers’ Data Privacy in E-Commerce: Concerns, Legal Issues and Challenges

—Jehirul Islam…………………………………………………………… 77

Development of Private International Law in Asia-Envisioning the Asian Principles of Private International Law

—Harsha Rajwanshi……………………………………………………. 95

Forced or Enticed Conversion is bad in Law vis-à-vis Caste Disabilities Removal Act

—Partha Pratim Paul…………………………………………………. 138

Virtobot: The Prominent Tool for the Inquest in Medical Jurisprudence

—Heena Goswami……………………………………………………… 174

AchievementsLaw School News

NUJS Law Review at No. 1 and RMLNLU Law Journal gains 1 rank to No. 7

The rankings† for March 2021 are:

Rank Rank Last Month Name of Journal
1 1 National University of Juridical Sciences Law Review (NUJS LR)
2 2 Indian Journal of Arbitration Law (IJAL)
3 3 National Law School of India Review (NLSIR)
4 4 Aligarh Law Journal (ALJ)
5 5 NALSAR Student Law Review
6 6 RGNUL Financial and Mercantile Law Review
7 8 Ram Manohar Lohiya National Law University Law Journal (RMLNLU LJ)
8 7 Nirma University Law Journal (NULJ)
9 9 GNLU Journal of Law Development and Politics (GJLDP)
10 10 Chanakya National Law University Journal (CNLU J)

† The Law Reviews will be ranked as per the number of times the articles are accessed on SCC Online® for a calendar month.

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Contents


A Prologue

COVID-19 – Law and Policy Response in India

Vijay Kumar Singh and Shilpika Pandey — 1

Articles

Role of Virtual Learning Amidst Covid – 19: Challenges & Recommendations

Ekta Sood — 18

Moving Beyond the Rhetoric: Addressing the Issues Relating to Crisis Cartels in India

Dipali Rai and Sheena Gupta — 37

Covid – 19 Vis-À-Vis Domestic and International Law Regulating Wildlife Trade

Rama Devi Gudemela — 57

Coronavirus Pandemic in East Africa: Tanzanian and Ugandan Approaches in Legal Perspectives

Issa Babatunde Oba — 69

Scope of Intellectual Property Rights in Times of Covid: Indian Scenario

Anjana Girish — 87

Covid-19 and its Impact on Fisheries in the Bay of Bengal Region through the Lens of IUU Fishing

Tarique Faiyaz — 100

The Unkindest Cut of All – Labour Law and the Covid-19 Crisis

Karthik Shiva B — 116

Corporate Social Responsibility and Covid 19 Crisis: Analysing
the Role of Indian Companies

Rajdip Bhadra Chaudhuri — 129

The Role of Media During Covid-19: Ethical and Regulatory Challenges

Sruthi Prabhakar and Yamuna Vijayagopal — 151

Technology and Unemployment: Cause, Cure and the Future

Smriti Kanwar and Kartikeya Vashist — 170

The Corona Menace and Impact on IP Rights: Analyzing the Need for Better Decisions

Anuja Misra — 187

Rethinking Globalisation and Trade-in Covid-19 Era

Kushagra Prasad —  207

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Contents


Editorial

1 Judicial Recusal: A Comparative Analysis

—  Priyadarshini Barua, Sarthak Makkar, Vasanthi Hariharan

Articles

17 Gender, Health and Development: What Latitude For Law In Nigeria?

— Oluwakemi Adekile

42 The Public Interest Gamble in an Anti-Dumping Inquiry Testing Indian Waters

— Ashish Chandra & Anupal Dasgupta

71 The Dilution of Article 32 Convenience over Right

— Prakhar Chauhan & Raghuveer Nath

Essays

94 Post-Divortium Shared Parenting Potentiality versus Actuality

— Owais Hasan Khan

Commentary

109 Balancing the power of anti-arbitration injunction with the competence of investment tribunals: Union of India v Vodafone Group PLC United Kingdom

— Aniruddha Rajput

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Contents


Articles

A RIGHT TO THE INDIAN CITY? LEGAL AND POLITICAL CLAIMS OVER HOUSING AND URBAN SPACE IN INDIA………………1

—Mathew Idiculla

COEXISTENCE AND VIOLENCE: THE CASE FOR EQUALITY OF OPPORTUNITY IN SRI LANKA………………………………….26

—Gehan Gunatilleke

‘ESSENTIAL RELIGIOUS PRACTICES’ DOCTRINE AS A CAUTIONARY TALE: ADOPTING EFFICIENT MODALITIES OF SOCIO-CULTURAL FACT-FINDING……………………………………………………………………….. 46

—Mary Kavita Dominic

Mob, Murder, Motivation: The Emergence of Hate Crime Discourse in India …………………………………………………………………………………………76

—M. Mohsin Alam Bhat

Notes from the Field

Anti-Terrorism Courts And Procedural (In)Justice: The Case Of The National Investigation Agency (Nia) Special Courts In South Chhattisgarh, India………………………………………. 109

—Shikha Pandey

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Contents

Articles

DESIGNED FOR ABUSE: SPECIAL CRIMINAL LAWS AND RIGHTS OF THE ACCUSED…………………………………………………………………………………………. 1

—Kunal Ambasta

UNIFORMITY IN DIVERSITY?: REFLECTING ON THE ESSENTIAL PRACTICES DOCTRINE AND ITS IMPLICATIONS FOR LEGAL PLURALISM      ………………………………………………………………………………………………………..17

—Kalindi Kokal

WHOSE FOREST IS IT AFTER ALL?……………………………………………………. 29

—Ujal Kumar Mookherjee and Manjeri Subin Sunder Raj

PROTECTION OF HARMED INVESTORS: THE MISSING LINK IN THE DISGORGEMENT ORDERS OF THE SEBI……………………48

—S.N. Ghosh

OPERATIONAL CREDITORS IN INSOLVENCY: A TALE OF DISENFRANCHISEMENT…………………………………………………………..68

—Sudip Mahapatra, Pooja Singhania and Misha Chandna

Essays

RIGHTS ISSUES – UNTYING THE KNOTS……………………………………………… 82

—Sayantan Dutta

ETHICAL HACKERS UNDER THE INFORMATION TECHNOLOGY ACT: THE CYBER TERRORISM CONUNDRUM AND ‘PROTECTED’ SYSTEMS…………………………………………………………………………………………………………………………………………..93

––Vivek Krishnani

Book Review

PRIVACY 3.0: UNLOCKING OUR DATA-DRIVEN FUTURE BY RAHUL MATTHAN…………………………………………………………….103

—Amlan Mishra

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Contents

Articles

India’s Electoral Legal System: Need for Structural Reform

Krishan Mahajan………………………………………………………………… 1

Elections and Election Commission of India: A Contemporary Evaluation

Afroz Alam ………………………………………………………………………..  9

Significance of the Ballot System in the Indirect Elections in India: with Special Reference of Rajya Sabha

Uday Shankar & Ashok Vardhan Adipudi …………………………………..  19

Validating Democracy through Proportional Electoral System

Ayaz Ahmad …………………………………………………………………….  38

An Integrated Approach to Resolve the Crisis of Defection in India

Chirag Balyan ………………………………………………………………….  50

First Past the Post System and its Limitations: A Case for Proportional Representation in India

Parth Sharma …………………………………………………………………..  82

Evaluating Criminal Disenfranchisement in India

Abhijit Anand & Tapan Vahal ………………………………………………..  96

Violations of Model Code of Conduct and Accountability of Election Commission of India

Neelesh Shukla & Hartej Singh Kochher ………………………………….  113

Electrising the Scourge Over Electoral Corrupt Practices

Shivani Puri & Prateek Kumar ……………………………………………..  128

E-Bonds: Code Anonymous in Indian Elections

Vrinda Bhardwaj & Kumar Mangalam ……………………………………  144

Breaking the Shackles: Recognising Election Manifestos as Legitimate Expectations

Omkar Upadhyay ……………………………………………………………..  156

Case Comments

Contextualizing Religious Politics and Elections in India: Judicial Discourse in Abhiram Singh v. C.D. Commachen

Yogesh Pratap Singh & Siddharth Panda …………………………………  173

A Missed Chance to De-Criminalise Indian Politics: A Comment on Manoj Narula v. Union of India

Nikita Pattajoshi & Swayamsiddha Mishra ……………………………….  184

Book Reviews

Navin Chawla, “Every Vote Counts: The Story of India’s Elections”

Rajat Solanki & Nidhi Chauhan …………………………………………….  195

Alok Shukla, “Ambush: Tales of the Ballot”

Deban Satyadarshi Nanda …………………………………………………..  204

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Contents

157 Contestations over Indian citizenship: An Analysis of the Citizenship (Amendment) Bill, 2016

—Leah Verghese & Harish Narasappa

177 Hope for the Homeless: The Case of Rohingyas

—Ashwini Kumar

185 Broken Path to Freedom: Deciphering Lives of Foreign Nationals in Indian Prisons

—Madhurima Dhanuka & Palak Chaudhari

203 “More Executive-minded Than the Executive”: The Supreme Court’s Role in the Implementation of the NRC

—Alok Prasanna Kumar

211 Transcript of the XII Annual National Law School of India Review Symposium on “Sovereignty-Rights Dichotomy: Exploring Issues of Migration, Refugee and Citizenship

Call For PapersLaw School News

The AMU Law Society Review is the flagship journal of the Faculty of Law, A.M.U. It is an annual, peer-reviewed journal which provides an extensive platform to the academicians, practitioners, researchers and students to assimilate, exchange and extend their ideas to facilitate the debate on contemporary legal issues through their scholarly articles and research papers.

About the Organization/Institution:

The Editorial Board, Law Society of the Faculty of Law, Aligarh Muslim University aims to provide an active forum that inspires academicians, practitioners, researchers and students to engage in discussions on varied issues of contemporary importance in the sphere of domestic and international law and to provide a platform to critical insights into diverse areas of law through the medium of the yearly journal ‘AMU Law Society Review’.

Theme/topics:

The Review welcomes well researched, quality contributions on the relevant legal issues in the sphere of domestic and international law. However, the preference shall be given to the submissions based on contemporary legal issues.

Submission Types:

The AMU Law Society Review is now accepting submissions for its forthcoming issue, i.e. the AMU Law Society Review (2018-19) bearing an ISBN Number.

We invite original, well-researched and unpublished manuscripts from academicians, practitioners, researchers, and students under the following categories:

  • Research Papers/Long Articles: 5,000 to 8,000 words.
  • Short Articles: 3,000 to 5,000 words.
  • Case Notes and Legislative Comments: 1,500 to 3,000 words.
  • Book Reviews: 1,000 to 2,000 words. *word limits are exclusive of footnotes.

How to Submit:

  • The manuscripts shall be accompanied by an abstract of not more than 300 words.
  • The works submitted shall be original and unpublished.
  • Plagiarism of any kind is strictly prohibited (except the ideally accepted 30%).
  • The manuscripts must not contain any indication of the identity of the author (except in cover letter).
  • The body of the paper shall be: Font: Times New Roman, Font Size: 12, Line Spacing: 1.5.
  • The citations of the paper shall be: Font: Times New Roman, Font Size: 10, Line Spacing: 1.
  • The Citation style shall strictly be in consonance with the rules in ILI citation. This mode of the citation must be strictly followed otherwise the paper shall not be considered for publication.
  • All submissions shall be accompanied by a covering letter indicating the title of the paper, the name of the author, official designation, institutional affiliation, email address and phone number. In the case of co-authorship, the cover letter shall contain the details of both the authors.
  • Contributors are requested to provide full details for correspondence: postal address, daytime phone numbers and email address.
  • Papers submissions to the Review shall be evaluated by the peer-review committee of the Editorial Board. Mere submission of a contribution shall not confer any claim for publication.
  • The copyright of the entry to the journal will rest with the Editorial Board once the entry has been selected and author(s) of the same has been notified.
  • All submissions are required to be addressed to The Editorial Board, The AMU Law Society Review and shall be mailed on: amuediboard@gmail.com in (.doc)/(.docx) format with the subject “Submission for AMU Law Society Review 2018-19”.

*Submission of a paper shall be taken to imply that it is an unpublished work and is not being considered for publication elsewhere.

The certificate of publication and the copy of the journal shall be provided to every selected author and shall be dispatched to the provided address.

Important Dates and Deadlines:

  • The last date for submissions of abstracts is 20th March 2019.
  • Communication of Acceptance of abstract: 22nd March 2019.
  • Last date for final submission of full paper: 15th April 2019.
  • Publication Charges:

For Single Author: 1200 INR.

For Co-Authored Article: 1500 INR.

*Co-authorship is restricted up to two authors.

  • Last date of fee submission: 25th April 2019.

Contact Persons:

Faculty-in-charge: Dr. Mohammad Tariq (7906553208) (tariqmtariq@gmail.com).

Secretary: Faham Ahmed Khan (7351148801) (khan.faham@gmail.com).

Chief Editor: Suhail Khan (9219782517) (khan.suhail83@gmail.com).

The brochure can be accessed here.

New releasesNews

Eastern Book Company (EBC®) and NLU, Jodhpur signed an MoU to allow the indexing of the NLU Jodhpur Law Review (NLUJ LR) to be indexed on SCC Online®. The Archive will go back to first volume of the Journal.

NLUJ Law Review is the flagship journal of National Law University, Jodhpur. It has been established with the objective of promoting legal research. The Review seeks to provide a platform to analyse and encourage a meaningful discussion on the various facets of contemporary legal and policy-related issues, whether national or international. It is a bi-annual, double-blind student reviewed, and student-edited journal focusing on an inter-disciplinary approach towards legal writing.

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CONTENTS

       Analysing The Insider Trading Regulations, 2015

— Paridhi Poddar

 

17      Offshore Tax Evasion: With Special Reference To India

— Prof. (Dr.) A.S. Dalal Manoj Kumar

 

31     Death Penalty Under Criminal Justice System: International And National Scenario With Special Reference To

   India

— Dr. (Mrs.) Jyoti Rattan

 

53      Analysis Of Pragmatic Measures To End Death Penalty In India

— Siddiqui Saima Jarrar Alam

 

69      Insider Trading Regulation 2015

— Shubham Aparajita & Rishee Rhudra

 

89      Small Banks In India

 — Akshi Narula

 

109    Insider Trading Regulations in India: A Comparative and Critical Analysis of SEBI’s 2015 PIT Regulations

— Prasad, Ganesh, and Sanjay Khan

 

 

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