Indian Journal for Research in Law and Management
Advancing Law and Management
ISSN No. : 2583-9896
ISSN No. : 2583-9896
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Abstract
Originally enshrined in Exception 2 to Section 375 of the Indian Penal Code, 1860, and currently maintained in Section 63 of the Bharatiya Nyaya Sanhita, 2023, the marital rape exception in India shields husbands from criminal prosecution for engaging in non-consensual sexual relations with their wives, provided that the wife is under a certain age. […]
Abstract
The Indian Collegium system is critically examined in this essay, with an emphasis on its constitutional aspects and its efforts to strike a balance between judicial independence and democratic accountability. The Collegium was created to protect the higher judiciary from executive meddling and resulted from judicial interpretation in the Second and Third Judges’ Cases. Although […]
Abstract
The judiciary in India serves as the cornerstone of the constitutional framework, entrusted with upholding the rule of law, protecting fundamental rights, and maintaining the balance of power among the organs of the State. This paper explores the judiciary’s multifaceted role as the guardian of the Constitution, interpreter of the law, and instrument of social […]
Abstract
This paper explores the role of legal aid in ensuring equal access to justice in India, emphasizing its constitutional, statutory, and social significance. Legal aid, rooted in Articles 14, 21, and 39A of the Constitution, ensures that justice is not denied due to economic or social disadvantage. The paper traces the evolution of legal aid […]
Abstract
Article 253 of the Indian Constitution gives Parliament the power to make laws that all of India must follow to carry out international treaties, conventions, and agreements, even on issues that are constitutionally reserved for the states. This provision shows that India is serious about its international duties and needs to speak with one voice […]
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This paper offers a comprehensive analysis of the doctrine of consideration under the Indian Contract Act, 1872, emphasizing its enduring significance in the law of contracts. Section 2(d) of the Act defines consideration as the act, abstinence, or promise made at the promisor’s desire by the promisee or any other person‚ a formulation that reflects […]
Abstract
The case of Uday v. State of Karnataka is a landmark judgment by the Supreme Court of India that examines the legal contours of consent in the context of sexual relationships based on a promise of marriage. The Court addressed whether consent obtained under such a promise, when unfulfilled, could vitiate the act of sexual […]
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