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
The Insolvency and Bankruptcy Code of 2016[ Insolvency and Bankruptcy Code, 2016] is one piece of legislation which has indeed changed the whole paradigm of legal and economic policies pertaining to corporate insolvency and resolution in India. There was an attempt to streamline the country’s diverse insolvency system prior to IBC, however, it resulted in […]
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The origin of caste system is peculiar to India. It is a social hierarchy which divides people into rigid hierarchal groups. It is much similar to the western practice of racism wherein people’s social status is fixed at the time of their birth. This system systematically categorises people into Brahmins, Kshatriyas, Vaishyas, and Shudras, pushes […]
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Legal Personhood is a concept which developed as a part of a principle called ‘Rights to Nature’. This is a legal construct that challenges the anthropocentric belief that humans are the most important beings on this planet and that natural resources should be protected because they benefit humans. But on the contrary, the concept of […]
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Internet is necessary for the flow of views and opinions because they are crucial for the functioning of democracy. Democracy flourishes on clarity and transparency which can only be ensured if the information about the country’s state of affairs reaches its citizens. If the means of information are banned or restricted then the flow of […]
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Indira Jaising once said “Access to justice is not a privilege of the rich but the right of every citizen.” This quote reinforces the democratic principle of equality. True justice is in treating everyone equally. If justice is not accessible to everyone or excludes someone then fairness is just an illusion. Rule of law does […]
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The foundation of Indian constitutional law is the Doctrine of Basic Structure, which was established by the Supreme Court to guarantee that some fundamental aspects of the Constitution are unaffected by parliamentary majorities. Though not explicitly stated in the text of the Constitution, the doctrine emerged through judicial interpretation, most notably in the Kesavananda Bharati […]