“Education is a better safeguard of liberty than a standing army”
– Edward Everett
Education and knowledge are the bridge between any issue and its effective resolution. A sword may reach out to cut another down, but the pen reaches further to the ears of everyone around and far beyond. These inspiring words beautifully elucidate how what a whole army fails to do could be accomplished by one who wishes to equip himself with knowledge. It was Kofi Annan, the former Secretary-General of the United Nations who rightly articulated that “Knowledge is power. Information is liberating. Education is the premise of progress, in every society, in every family.” What is better than knowledge, is when that knowledge is free and easily accessible to every person who have a desire to further their scholarly pursuits. This was the main objective behind this new venture of the students of School of Excellence, TNDALU, Chennai. With the advent of superior technology and the ever-changing virtual space, this has become simplified like never before. Armed with the benefits of technology and a drive to carry wisdom to all interested parties, the students set out to make their dreams come true – we present to you the first e-journal of the Tamil Nadu Dr. Ambedkar Law University, Chennai.
On behalf of the Editorial Board, I am excited to introduce Lexcellence, the E-Journal of the Tamil Nadu Dr. Ambedkar Law University, Chennai. This journal is the fruit of the efforts of a group of people who strongly believed in the words of Jonas Salk that “Hope lies in dreams, in imagination, and in the courage of those who dare to make dreams into reality”. When the students approached the University with the idea of starting TNDALU’s very own E-journal, we were met with warm welcome and enthusiastic encouragement. We pursued the small spark we had and watched it grow into a glowing fire, which we hope would blaze brightly for the years to come as a guiding light. The idea was to make knowledge of superior quality available to one and all sans any barriers. This, coupled with an overwhelming desire to give back to the society filled with young, bright minds and the University which has given us so much in a short time, prompted us to come up with the idea of an E-journal. In order to maintain the richness of the content, the manuscripts go through an intensive double-blind review process. iv The final list of articles are chosen through peer review by eminent personalities in the legal field.
The maiden issue of Lexcellence received a warm welcome from the legal community and received over a hundred submissions. From this, twelve articles covering varied topics and views have been chosen for publication in this debut issue. The authors have presented us with fresh perspectives and thought-provoking content. This issue comprises a range of research papers, articles and case comment, keeping the readers’ captivated until the very end. The lucid and succinct way the articles have been written while not compromising on valuable facts and opinions will surely be a delightful and informative read. We strongly believe that this journal would instill a newfound love for learning in its readers.
The first issue has received a collection of research papers. We start out with the first paper; A Critical Study of the Reasonable Exercise of Administrative Discretion and its Limitations by authors Isha Lodha and Sanjeesha Agarwal, both students of the National Gujarat Law University. The paper begins by critically examining what administrative discretion by theory is and its limitations, particularly in the use of administrative power at the time of power conferment to an individual. It further examines the need for constraints, restrictions in exercising administrative power and suggestions on striking a balance in the use of administrative discretion and its limitations. This is followed by the research undertaken by Syed Zainul Hasan Rizvi, a students of Unity P.G. and Law College. This bold topic titled Love Jihad Law – Is it a step ahead or backward as a Nation?, examines the history and constitutional validity of the recently introduced Love Jihad law such as the U.P Prohibition of Unlawful Conversion of Religion Ordinance Act, 2020. It explores the consequences of unconstitutional and violative interference of the state in matters of personal laws such as marriage, religion, personal liberty, right to privacy and etc in the light of appropriate laws to constitutionally deal with the same existing. The next paper titled The Indian Voluntary Sector: Lacunas In The Regulatory Framework (Registration & Taxation) by Harsh of Hidayatullah National Law University is a research paper report that explores the status of the regulatory framework in existence presently, governing the various voluntary sector works. It does so on the basis of a few hypotheses. In addition to this it concludes by drafting a few recommendations to streamline the regulations for the voluntary sector in accordance with the National Policy on Voluntary Sector (2007). This is followed up by a piece penned by Rishabh Dwivedi of National Law Institute University, Bhopal (NLIU), titled Police Custody And v Human Rights Violations In India. It analyses the current situation of violation of law by the police, the Indian legal framework to deal with such violations and concludes with novel suggestions and recommendations on improvement of the same. It is truly a readers delight.
The next paper is by Kanika Aggarwal, PhD Research Scholar of O.P Jindal University by the title Epistemic Disconnect between Science and Law. It examines the helpfulness of scientific and forensic methods of establishing evidence as well as supporting stances taken in court cases. It further examines the lacuna of other scientific branches and methods to aid in judicial processes. The paper consists of three parts, the first detailing the current laws regulating the extent and method of use of the specified forensic evidences permissible in courts, the second part deals with exploring the “epistomatic” (as the author purports) disconnect of science and law and the last part deals with “the perfunctory manners in which judicial gatekeeping function is being performed by making reference to judicial decisions” as the author once again purports. It concludes with the reviewing of recommendations and suggestions put forth by academicians among other legal scholars and practitioners. The next paper is an old friend of legal enthusiasts. This paper titled “Changing Contours Of Legitimate Expectations: Analysing The Public-Private Dichotomy In Application Of The Doctrine” is authored by Omkar Upadhyay, a student of the Maharashtra National Law University It analyses the doctrine legitimate expectation, tracing its origin and contemplates its current application by the Indian judiciary. This is followed up with a paper that focuses on the trading scenario in the country. Authored by Vyshnavi Praveen and Ananya Soni, students of the Tamil Nadu National Law University, “Insider Trading: What Is It And Understanding The Evolution” is an intellectually engaging article that details upon insider trading the role of SEBI. The paper goes on to compare Indian law with the American law, concluding with the authors innovative suggestions to pave the way for the future. The final research paper by Pooja S, a student of VIT Law School, would interest all readers as it has been one of the most talked about topics in recent times. “Abortion Rights of Women” delves into abortion rights worldwide followed up with an analysis of the most recent landmark judgement of Roe v. Wade. The paper pays special attention to the present scenario in India and the various connected issues. The authors have concluded with their suggestions to bridge the gap in the legal field pertaining to this issue. The research papers are followed up with the article section, with the first article by Ashutosh Singh and Saurabh Kumar, students of Chanakya Law University, titled “The Proposed Ban vi On Cryptocurrency: A Step In The Right Direction?”. It is a descriptive one that examines the various facets of the Indian Government illegalising the use and circulation of cryptocurrency as a form of digital currency. It begins by detailing what cryptocurrency is, its’ presence and recognition in various other nations, its’ illegal and unethical uses, the consequences of its’ ban in India and finally the rationale as to why cryptocurrency should be regulated and legalized as an inevitable need in a world where digital financial transactions are only to increase. The next article by Pranav Kumar, a student of NLSIU, Banglore, is an enthralling critic on the Groundwater Conservation Bill, 2016 (Right Direction, Wrong Timing? Critiquing The Groundwater (Conservation) Bill, 2016). A glance at the article reveals the deep research that has been undertaken by its author in detailing the background of the bill, followed up by the details of the latest bill. The shortcomings of the bill has been elucidated with an easy coherence that draws the readers in. The final article, Gaming Vs. Gambling: The Seemingly Innocent World Of Real-Money Gaming, by D Donna Gadiel, Rithu T, students of our own university, the Tamil Nadu Dr. Ambedkar Law University, is a breeze of fresh air. This article analyses the blurring line between online gaming involving real money and gambling. It contextualises the merits of online games to Indian economy, while also detailing the other side of the coin and covers its ill-effects. It concludes by highlighting the lacunae in law in dealing with the new advancements in the gaming scenario and suggests plausible measures to keep in pace with the changing times. Lastly, we have a case comment by Ashwin Singh of Symbiosis Law School, Pune, titled Case Analysis (Irac Method) On Sahara India Real Estate Corporation Limited & Ors. Vs. Securities And Exchange Board Of India And Ors. This piece has delved deep into the nuances of law and critically analyses the landmark case. It also explains in detail the effects of its judgment on the Indian investment market and the Indian investors, providing us with a broader outlook on the judgement. We, the students of the School of Excellence in Law, have planted a seed today. The seed was lovingly nurtured and watered by our faculties, well-wishers and supporters, giving us our very first issue. We hope to watch it grow further into a strong tree, standing steadfast for the years to come. I would like to thank everyone who have been involved in the process from the very beginning. We are extremely thankful to our Hon’ble Vice Chancellor Prod. Dr. N.S. Santhosh Kumar for the freedom and faith entrusted in us. We are indebted to Dr. Haritha Devi R, Director i/c, Research, Publications & Academic Affairs and HoD i/c Department of Environmental Law and Legal Affairs., for her constant support from the start until now. She welcomed the students initiative and provided them with an opportunity to take it forward. We vii are indebted to our wonderful faculty advisors Dr. M. Sunil Gladson and Dr. P. Brinda for their wisdom and patience in guiding us. They have been true pillars in this process. We also extend our warm gratitude to the Honorary Board of Advisors for their support. I thank my fellow students who extended their support for the initiative and signed off on the proposal. This journey had been a testament to the words of Helen Keller that “Alone we can do so little; together we can do so much.” We hope that this journal meets the expectations of our readers and that it would be grand success. The topics dealt with in this issue are varied and challenges the limits of our legal research. These topics are by no means the entirety of the nuances in law. We hope to explore other untouched arenas in our upcoming issues, continuing the exploration of knowledge and the different perspectives of fellow scholars. Progression is achieved only through intellectual discussions and debates. We hope that this journal plays a small role in bringing about such a change and makes its mark in the legal sphere, for it our thoughts that live beyond our time. We would like to conclude with Swami Vivekananda’s words, which has been quoted time and again by people all over the world, including our very own Justice Anuj Aggarwal;
“We are what our thought have made us; so take care about what you think. Words are secondary. Thoughts live, they travel far.”
M. K. MRUDULA
Editor-in-Chief
Lexcellence – TNDALU E-Journal, 2021-2022
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